2016 -- H 7414

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LC004224

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- ANIMAL ABUSER REGISTRY

ACT

     

     Introduced By: Representatives Shekarchi, Serpa, Corvese, Ackerman, and Solomon

     Date Introduced: January 29, 2016

     Referred To: Committee on Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 4 of the General Laws entitled "ANIMALS AND ANIMAL

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HUSBANDRY" is hereby amended by adding thereto the following chapter:

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CHAPTER 1.2

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ANIMAL ABUSER REGISTRY ACT

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     4-1.2-1. Title. -- This chapter shall be known and may be cited as the "Animal Abuser

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Registry Act".

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     4-1.2-2. Legislative findings. -- (a) The general assembly finds and determines that

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animal cruelty is a serious problem resulting in the abuse of many animals each year and that

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while the state of Rhode Island has criminalized the cruel treatment of animals, animal abuse and

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cruelty continues to occur throughout the state.

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     (b) The general assembly further finds and determines that people who have abused

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animals in the past are likely to do so in the future and studies show that there is a nearly one

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hundred percent (100%) recidivism rate for certain types of abuse such as animal hoarding.

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     (c) The general assembly further finds and determines that individuals who abuse animals

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are statistically more likely to commit violent acts against humans and, in particular, the general

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assembly also determines that a strong correlation has been established linking individuals who

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abuse animals with incidents of domestic violence.

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     (d) The general assembly further finds and determines that animals in need of homes

 

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need to be protected from potential abusers.

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     (e) The general assembly further finds and determines that it is in the best interest of the

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residents of the state of Rhode Island and their animals that an online registry be established

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identifying individuals residing in the state convicted of animal abuse crimes that will prevent

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those individuals convicted of animal cruelty from adopting, purchasing, or otherwise obtaining

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animals from any animal shelter, pet seller, or other person or entity involved in the exchange of

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animals by adoption, sale, or other means.

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     4-1.2-3. Definitions. -- The following terms shall have the meanings indicated:

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     (1) "Animal" means any living mammal (except a human being), bird, reptile, amphibian,

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or fish.

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     (2) "Animal abuse crime" means any of the crimes contained in title 4 "Animals and

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Animal Husbandry".

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     (3) "Animal abuse offender" means any person eighteen (18) years of age, or older,

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convicted of an animal abuse crime, except youthful offenders whose convictions or

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adjudications include sealed records.

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     (4) "Animal abuser registry" means the online registry established and maintained by the

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department of the attorney general for registering any person convicted of an animal abuse crime.

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     (5) "Animal shelter" means any public or privately owned organization including, but not

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limited to, any duly incorporated humane society, pound, animal protective association or animal

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rescue group which maintains buildings, structures, or other property for the purpose of harboring

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animals which may be stray, unwanted, lost, abandoned, or abused and seeks to find appropriate

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temporary or permanent homes for such animals.

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     (6) "Conviction" or "convicted" means any instance wherein:

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     (i) A judgment of conviction has been entered against any person; or

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     (ii) There has been a finding of guilty for any offense, regardless of whether an appeal is

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pending; or

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     (iii) There has been a plea of guilty or nolo contendere for any offense, regardless of

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whether an appeal is pending; or

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     (iv) There has been an admission of sufficient facts or a finding of delinquency of a

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minor for any offense, whether or not an appeal is pending.

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     (7) "Farm animal" means an animal used in the production of human or animal food, feed

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or fiber.

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     (8) "Pet seller" means any individual, person, partnership, firm, corporation or other legal

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entity which offers animals for sale or is engaged in the sale, exchange, or other transfer of

 

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ownership of animals.

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     (9) "Service animal" means any dog or miniature horse that has been individually trained

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to do work or perform tasks for people with disabilities as defined by the "Americans with

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Disabilities Act of 1990" 42 U.S.C. ch. 126, §12101 et seq.

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     4-1.2-4. Establishing an animal abuser registry. -- (a) The attorney general is hereby

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authorized, empowered and directed to establish an online animal abuser registry that shall

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contain the names and residence information of all available animal abuse offenders living in

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Rhode Island who are convicted of an animal abuse crime on or after the effective date of this

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chapter. The online registry will be maintained by the attorney general's office and shall be listed

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on the attorney general's official website. The online animal abuser registry shall also contain

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links to other registries to be used as informational resources by animal shelters, pet sellers, or

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other persons when they shall sell, exchange or otherwise transfer the ownership of any animal.

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     (b) The registry shall contain the required information about each animal abuse offender

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for a period of fifteen (15) years following their release from incarceration or, if not incarcerated,

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from the date of the judgment of conviction. Any currently or previously registered animal abuse

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offender convicted of a subsequent animal abuse crime shall be placed on the animal abuser

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registry for life following the second conviction. Upon notification to the state attorney general of

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a successful appeal of a conviction of an animal abuse crime by an individual who has been

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required to register pursuant to this chapter, the registration information for that individual shall

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be removed from the animal abuser registry within five (5) days following the notification.

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     4-1.2-5. Registry requirements. -- (a) All animal abuse offenders who reside in Rhode

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Island and who are convicted of an animal abuse crime on or after the effective date of this

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chapter must register with the animal abuser registry within five (5) days of their release from

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incarceration or, if not incarcerated, from the date of the judgment of conviction.

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     (b) Whenever a person is convicted of an animal abuse crime, the prosecuting department

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shall forward to the attorney general's office the name and address of the convicted person along

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with the name of the animal abuse crime the person was convicted of, thereby notifying the

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attorney general's office that the person is required to register with the animal abuser registry.

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     (c) Each person required to register with the animal abuser registry shall submit the

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following information to the attorney general's office:

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     (1) Their name and any aliases they may be known by;

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     (2) Their residence address;

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     (3) Their date of birth; and

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     (4) A photograph of the front of their head and shoulders not less than two inches (2") by

 

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three inches (3") or a digital image commonly known as a digital photograph of the front of their

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head and shoulders.

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     (d) Every person required to register with the animal abuser registry shall update their

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registry information within five (5) days of any change of residential address and/or upon any

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official change of name.

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     (e) Every person required to register with the animal abuser registry shall pay a fee of one

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hundred twenty-five dollars ($125) to the attorney general's office at the time of registration. All

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such fees shall be used to help pay the administrative and maintenance costs of maintaining the

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registry.

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     (f) The attorney general is hereby authorized and empowered to promulgate such rules

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and regulations as may be necessary to implement the animal abuser registry.

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     4-1.2-6. Prohibition of animal shelters and pet sellers from transferring animal

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ownership to animal abuse offenders. -- (a) No animal shelter, pet seller, or other person or

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entity located in this state shall sell, exchange or otherwise transfer the ownership of any animal

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to any person having resided in this state and listed as an animal abuse offender on the animal

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abuser registry, nor shall such animal abuse offender be allowed to retain possession of any

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currently owned animals. Prior to the sale, exchange, or other transfer of ownership of any

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animal, the animal shelter, pet seller, or other person or entity is required to examine the animal

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abuser registry to confirm that the name of the potential owner of the animal is not listed.

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     (b) This section shall not apply to farm animals for farmers, nor to service animals for

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people with disabilities.

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     4-1.2-7. Penalties. -- (a) Any animal abuse offender required to register with the animal

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abuser registry who fails to so register shall be guilty of a misdemeanor punishable by

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incarceration for a period of not more than one year, a fine not to exceed one thousand dollars

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($1,000), or both.

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     (b) Any animal abuse offender who violates the prohibition against possessing, owning,

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adopting, or purchasing an animal, except for farm animals for farmers, and service animals for

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people with disabilities, shall be guilty of a misdemeanor punishable by incarceration for a period

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of not more than one year, a fine not to exceed one thousand dollars ($1,000), or both.

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     (c) Any animal shelter, pet seller or other individual or entity that violates §4-1.2-6 shall

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be guilty of a violation and subject to a fine not to exceed one thousand ($1,000) dollars. It shall

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not be a violation of this chapter if the animal shelter, pet seller, or other individual or entity

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checked with the animal abuser registry and the name did not appear thereon.

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     4-1.2-8. Severability. -- If any provision of this chapter or the application thereof to any

 

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person or circumstances is held invalid, such invalidity shall not affect other provisions or

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applications of the chapter, which can be given effect without the invalid provision or application,

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and to this end the provisions of this chapter are declared to be severable.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- ANIMAL ABUSER REGISTRY

ACT

***

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     This act would create the "Animal Abuser Registry Act" which would require all persons

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convicted of animal abuse to register with an online registry to be established and maintained by

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the attorney general's office.

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     This act would take effect upon passage.

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