Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1703 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 2
2	2	HOUSE DOCKET, NO. 640 FILED ON: 1/15/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1703
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Tram T. Nguyen and Vanna Howard
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to protect animals from convicted animal abusers.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Tram T. Nguyen18th Essex1/14/2023Vanna Howard17th Middlesex1/17/2023Jack Patrick Lewis7th Middlesex1/25/2023Sean Garballey23rd Middlesex1/27/2023Steven George Xiarhos5th Barnstable1/30/2023Hannah Kane11th Worcester1/30/2023Brian M. Ashe2nd Hampden1/30/2023Carol A. Doherty3rd Bristol1/31/2023Thomas P. Walsh12th Essex2/2/2023Ryan M. Hamilton15th Essex2/2/2023Lindsay N. Sabadosa1st Hampshire2/3/2023Natalie M. Higgins4th Worcester2/6/2023Angelo J. Puppolo, Jr.12th Hampden2/6/2023David Henry Argosky LeBoeuf17th Worcester2/6/2023Adrian C. Madaro1st Suffolk2/6/2023James J. O'Day14th Worcester2/6/2023Patrick M. O'ConnorFirst Plymouth and Norfolk2/7/2023William C. Galvin6th Norfolk2/7/2023 2 of 2
16	16	Michelle M. DuBois10th Plymouth2/7/2023Paul McMurtry11th Norfolk2/8/2023Colleen M. Garry36th Middlesex2/13/2023Samantha Montaño15th Suffolk2/16/2023James B. EldridgeMiddlesex and Worcester2/19/2023James K. Hawkins2nd Bristol2/23/2023Adrianne Pusateri Ramos14th Essex3/9/2023 1 of 4
17	17	HOUSE DOCKET, NO. 640 FILED ON: 1/15/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 1703
19	19	By Representatives Nguyen of Andover and Howard of Lowell, a petition (accompanied by bill,
20	20	House, No. 1703) of Tram T. Nguyen, Vanna Howard and others for legislation to protect
21	21	animals from convicted animal abusers. The Judiciary.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act to protect animals from convicted animal abusers.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Chapter 272 of the General Laws is hereby amended by inserting after
31	31	2section 77 the following section:-
32	32	3 Section 77 ½ : Prohibition on access to animals by convicted animal abusers
33	33	4 (a) A person convicted of a violation of sections 77 , 77C , 80 ½ , 94 , or 95 of chapter
34	34	5272 or section 112 of chapter 266 shall not harbor, own, possess, exercise control over, reside
35	35	6with, adopt, or foster an animal or engage in an occupation, whether paid or unpaid, or
36	36	7participate in a volunteer position at any establishment where animals are present for any length
37	37	8of time that the court deems reasonable for the protection of all animals; provided, however, that
38	38	9the length of time shall not be less than 5 years after the person’s date of conviction or release
39	39	10from custody, whichever is later, for a first offense or less than 15 years after the person’s date of
40	40	11conviction or release from custody, whichever is later, for a second or subsequent offense . 2 of 4
41	41	12 (b) The court shall notify relevant authorities of the duration of the prohibition within 30
42	42	13days. Such authorities shall include any municipal officer involved with animal control and any
43	43	14municipal official responsible for the issuance of dog licenses in the municipality of the
44	44	15offender’s residence or residences, any special state police officer duly appointed by the colonel
45	45	16of the state police at the request of the Massachusetts Society for the Prevention of Cruelty to
46	46	17Animals or the Animal Rescue League of Boston under section 57 of chapter 22C, and if the
47	47	18offender will serve a probationary sentence, the probation department. Such notice to authorities
48	48	19shall not be a public record under clause twenty-sixth of section 7 of chapter 4 or chapter 66.
49	49	20 (c) A person convicted of a violation of sections 77, 77C, 80 ½, 94, or 95 of chapter 272
50	50	21or section 112 of chapter 266, as a first offense, may petition the court to reduce the duration of
51	51	22the prohibition no more than once per year . Such petition shall include: (i) an identification by
52	52	23county and docket number of the proceeding in which the petitioner was convicted; (ii) the date
53	53	24the judgment of conviction entered; (iii) the sentence imposed following conviction; (iv) a
54	54	25statement identifying all previous proceedings for direct and collateral review and the orders or
55	55	26judgments entered; and (v) all grounds for reduction of the duration of the prohibition claimed by
56	56	27the petitioner. The petitioner shall have the burden of establishing by a preponderance of
57	57	28evidence all of the following: (i) the petitioner does not present a danger to animals; (ii) the
58	58	29petitioner has the ability to properly care for any and all animals the petitioner may harbor, own,
59	59	30possess, exercise control over, reside with, adopt, or foster, or with whom the petitioner may
60	60	31engage in an occupation, whether paid or unpaid, or with whom the petitioner may participate in
61	61	32a volunteer position at any establishment; and (iii) the petitioner has successfully completed
62	62	33relevant classes and counseling deemed sufficient by the court. The petitioner shall serve a copy
63	63	34of the petition upon the office of the prosecuting attorney and, if at the time of filing the 3 of 4
64	64	35petitioner is serving a probationary sentence, the probation department. Upon receipt of a
65	65	36petition, the court shall schedule a hearing. The prosecuting attorney shall respond to the
66	66	37petition, specifying whether the petitioner presents a danger to animals and whether the
67	67	38petitioner should have the duration of the prohibition reduced. If the petitioner has met their
68	68	39burden, the court may reduce the prohibition, issuing corresponding notice as established in
69	69	40subsection (b) and may order that the petitioner instead comply with reasonable and
70	70	41unannounced inspections of the petitioner’s residence or residences, for a period of time the
71	71	42court deems appropriate, by an animal control officer as defined in section 136A of chapter 140
72	72	43or a police officer or special state police officer appointed under section 57 of chapter 22C.
73	73	44 (d) Any person found in violation of an order incorporating the provisions of this section,
74	74	45in addition to any other punishment provided by law, may be fined in an amount not exceeding
75	75	46$1,000 for each animal held in unlawful ownership or possession; shall forfeit custody of any
76	76	47animal involved in a violation of this section to the custody of an entity incorporated under the
77	77	48laws of the commonwealth for the prevention of cruelty to animals or for the care and protection
78	78	49of homeless or suffering animals ; and shall not harbor, own, possess, exercise control over,
79	79	50reside with, adopt, or foster an animal or engage in an occupation, whether paid or unpaid, or
80	80	51participate in a volunteer position at any establishment where animals are present for 5 years for
81	81	52a first offense or 15 years for a second or subsequent offense.
82	82	53 SECTION 2. Section 77C (d) of Chapter 272 of the General Laws, as appearing in the
83	83	542018 Official Edition, is hereby amended by striking out the second paragraph and inserting in
84	84	55its place thereof the following sections:- 4 of 4
85	85	56 A person convicted of a violation of this section shall be subject to the prohibition on
86	86	57access to animals as required by section 77 ½ of chapter 272.
87	87	58 SECTION 3. Section 35WW of chapter 10 of the General Laws, as appearing in the 2016
88	88	59Official Edition, is hereby amended by inserting after the figure “62”, in line 17, the following
89	89	60words:- , fines collected pursuant to section 37 of chapter 129.
90	90	61 SECTION 4. Section 37 of said chapter 129, as so appearing, is hereby amended by
91	91	62inserting after the fourth sentence the following sentence:- A fine assessed under this section
92	92	63shall be deposited into the Homeless Animal Prevention and Care Fund established in section
93	93	6435WW of chapter 10.