Chapter 147 |
2019 -- S 0779 Enacted 07/08/2019 |
A N A C T |
RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- CRUELTY TO PUBLIC SAFETY DOGS AND HORSES |
Introduced By: Senators Goodwin, and McCaffrey |
Date Introduced: April 04, 2019 |
It is enacted by the General Assembly as follows: |
SECTION 1. Section 4-1-30 of the General Laws in Chapter 4-1 entitled "Cruelty to |
Animals" is hereby repealed. |
4-1-30. Cruelty to police animals. |
Any person who willfully tortures, torments, beats, kicks, strikes, mutilates, injures, |
disables, or otherwise mistreats any dog or horse owned by a police department of this state or |
any of its political subdivisions or who willfully by any action interferes with the lawful |
performance of a police dog or horse shall be punished by a fine of not less than one hundred |
dollars ($100) and not more than five hundred dollars ($500), or by imprisonment for not more |
than one year, or both. |
SECTION 2. Chapter 4-1 of the General Laws entitled "Cruelty to Animals" is hereby |
amended by adding thereto the following section: |
4-1-30.1. Cruelty to public safety - Dogs and horses. |
(a) As used in this section: |
(1) "Police canine" means any canine, and "police horse" means any horse, that is owned |
or in the service of a law enforcement agency, for the principal purpose of aiding in the detection |
of criminal activity, enforcement of laws, maintaining public order, or apprehension of offenders; |
(2) "Fire canine" means any canine that is owned, or in the service of a fire department, a |
special fire district, or the state fire marshal for the principal purpose of aiding in the detection of |
flammable materials or the investigation of fires; and |
(3) "SAR canine" means any search and rescue canine that is owned, or in the service of a |
fire department, a law enforcement agency, a special fire district, or the state fire marshal, for the |
principal purpose of aiding in the detection of missing persons, including, but not limited to, |
persons who are lost,; who are trapped under debris as the result of a natural, manmade, or |
technological disaster; or who are drowning victims. |
(b) Penalties: |
(1) Any person who intentionally and knowingly, without lawful cause or justification, |
causes great bodily harm, permanent disability, or death to, or uses a deadly weapon upon, a |
police canine, fire canine, SAR canine, or police horse commits a felony, shall be imprisoned not |
exceeding five (5) years or be fined not exceeding one thousand dollars ($1,000), and shall, in the |
case of any animal of another, be liable to the owner of this animal for triple damages, to be |
recovered by civil action. In addition, any person convicted under this section shall be required to |
serve fifty (50) hours of community restitution. That community restitution penalty shall not be |
suspended or deferred and is mandatory. |
(2) Any person who actually and intentionally maliciously touches, strikes, or causes |
bodily harm to a police canine, fire canine, SAR canine, or police horse commits a misdemeanor, |
and shall be punished by a fine of not more than one thousand dollars ($1,000) or imprisonment |
of not more than one year, or both. |
(3) Any person who intentionally or knowingly maliciously harasses, teases, interferes |
with, or attempts to interfere with a police canine, fire canine, SAR canine, or police horse while |
the animal is in the performance of its duties commits a misdemeanor, and shall be punished by a |
fine of not less than one hundred dollars ($100) and not more than five hundred dollars ($500), or |
imprisonment of not more than one year, or both. |
(c) Except as provided in subsection (b)(1) of this section, any person convicted under |
this section shall make full restitution for injuries sustained by the police canine, fire canine, SAR |
canine, or police horse and shall pay the replacement cost of any dog or horse, if that animal can |
no longer perform its public safety duties. Any canine that is owned by or employed by a law |
enforcement agency shall be exempt from restitution requirements of this subsection. |
SECTION 3. This act shall take effect upon passage. |
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LC002319 |
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