2014 -- S 2311 AS AMENDED
Enacted 07/01/14
A N A C T
RELATING TO ANIMALS AND ANIMAL HUSBANDRY - CRUELTY TO ANIMALS
Introduced By: Senators Archambault, Lombardi, and Satchell
Date Introduced: February 12, 2014
It is enacted by the General Assembly as follows:
SECTION 1. Sections 4-1-22 and 4-1-31 of the General Laws in Chapter 4-1 entitled "Cruelty to Animals" are hereby amended to read as follows:
4-1-22. Care of neglected animals by society -- Forfeiture of owner's rights -- Expenses. -- (a) An officer or agent of the Rhode Island society for the prevention of cruelty to animals may lawfully take charge of any animal found abandoned or neglected or which in the opinion of that officer or agent is aged, maimed, disabled, lame, sick, diseased, injured, unfit for the labor it is performing, or cruelly treated, and shall give notice to the owner, if known, or his agents, and may provide suitable care.
(b) Every owner or agent, upon conviction, plea of guilty, or plea of nolo contendere, of abandonment, neglect, or cruel treatment of any animal taken charge of by the Rhode Island society for the prevention of cruelty to animals under this section, forfeits the rights to ownership or control of that animal to the society for disposition in any manner deemed suitable for that animal.
(c) Whenever any officer or agent of
the Rhode Island society for the prevention of cruelty to animals lawfully
takes charge of any animal under this section, the
expense of suitable care of that animal, upon conviction of the owner of that
animal for a violation of any section of this chapter, is charged against the
owner or agent of the owner having custody of that animal at the time the
officer or agent of the Rhode Island society for the prevention of cruelty to
animals took charge of the animal. The Rhode Island society for the prevention
of cruelty to animals has the authority to commence a civil action for damages
against the owner or his or her agent thirty (30) days after a written demand
for payment of the expense of the suitable care of that animal has been sent
and no payment received. all reasonable
expenses for the care and treatment of the animal(s), while in the custody of
the society during this time, shall be paid for by the owner, guardian, or his
or her agent, upon conviction, plea of guilty, or plea of nolo contendere. The
society has the authority to commence a civil action for damages against the
owner or his or her agent thirty (30) days after a written demand for payment
of the expense of the suitable care of that animal has been sent and no payment
has been received.
4-1-31. Assignment of state veterinarian. -- (a) Examination of fighting animals. - A licensed veterinarian from the department of environmental management, shall be made available to agents of the Rhode Island society for the prevention of cruelty to animals at the request of the state police for the purpose of examining any animal which those agents believe to have been involved in animal fighting in violation of section 4-1-2, 4-1-8, 4-1-9 or 4-1-11.
(b) Right of entry where cruelty suspected. - The director of the department of environmental management or any veterinarian employed by the department of environmental management designated by the director for such purpose, having reason to suspect the existence of cruelty to animals within the meaning of this chapter upon any grounds or premises, is hereby authorized and empowered to enter upon those grounds or premises for enforcement of the provisions of this chapter. For such inspections, the department shall, unless a search without a warrant is otherwise allowed by law, seek a search warrant from an official of a court authorized to issue warrants.
(c) The director of the department of environmental management may designate a department veterinarian or veterinarians to act as animal advocates. A general agent or special agent from the Rhode Island society for the prevention of cruelty to animals may also act in that capacity.
(d) The animal advocate shall make recommendations to any court before which the custody or well-being of an animal is at issue.
(e) Any animal care facility licensed by the United States department of agriculture or holding a public health service (PHS) assurance of compliance shall be exempt from the provisions of this section.
(f) Right to seize animals that are the subject of cruel treatment. The director of environmental management or any veterinarian employed by the department of environmental management ("department") shall have the authority to examine any animal that is suspected of being cruelly treated, mistreated, or neglected by its owner, guardian, or his or her agents in violation of the provisions of chapter 4-1. Upon reasonable evidence to suggest that the subject animal(s) has been cruelly treated, mistreated, or negligently treated by the owner, guardian, or his or her agents, in violation of the provisions of chapter 4-1, the department may lawfully take charge of that animal(s) and shall have the authority to seize said animal(s). Any animal(s) so seized shall remain in the custody of the department during the pendency of any civil or criminal investigation and remain in the custody of the department until the adjudication of the matter. All reasonable expenses for the care and treatment of the animal(s), while in the custody of the department during this time, shall be paid for by the owner, guardian, or his or her agent, upon conviction, entry of a guilty plea, or a plea of nolo contendere. The department has the authority to commence a civil action for damages against the owner, guardian, or his or her agent thirty (30) days after written demand for payment of the expenses of the suitable care of that animal has been sent and no payment received.
SECTION 2. Chapter 4-1 of the General Laws entitled "Cruelty to Animals" is hereby amended by adding thereto the following section:
4-1-42. Care of neglected animals by Department - Forfeiture of owner's rights - Expenses. – (a) The director of environmental management or any veterinarian employed by the department of environmental management ("department") may lawfully take charge of any animal found abandoned or neglected or which, in the opinion of the department is aged, maimed, disabled, lame, sick, diseased, injured, unfit for the labor it is performing, or cruelly treated, and shall give notice to the owner, if known, or his or her agents, and may provide suitable care.
(b) Every owner, guardian or agent, upon conviction, entry of a guilty plea or plea of nolo contendere, of abandonment, neglect or cruel treatment of any animal taken charge of by the department under this section, forfeits the right to ownership or control of that animal to the department for disposition in any manner deemed suitable for that animal.
(c) Whenever the department lawfully takes charge of any animal under this section, all reasonable expenses for the care and treatment of the animal(s), while in the custody of the department during this time, shall be paid for by the owner, guardian, or his or her agent, upon conviction, a plea of guilty or plea nolo contendere. The department has the authority to commence a civil action for damages against the owner or his or her agent thirty (30) days after written demand for payment of the expense of the suitable care of that animal has been sent and no payment received.
SECTION 3. This act shall take effect upon passage.
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LC004411
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