Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1718 Compare Versions

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

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1	1	1 of 2
2	2	HOUSE DOCKET, NO. 3285 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1718
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Edward R. Philips and Jessica Ann Giannino
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 relative to the humane protection of animals.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Edward R. Philips8th Norfolk1/20/2023Jessica Ann Giannino16th Suffolk1/20/2023Jack Patrick Lewis7th Middlesex1/26/2023Thomas P. Walsh12th Essex2/3/2023James J. O'Day14th Worcester2/6/2023James C. Arena-DeRosa8th Middlesex2/1/2023Ryan M. Hamilton15th Essex2/3/2023Lindsay N. Sabadosa1st Hampshire2/3/2023Samantha Montaño15th Suffolk2/3/2023Steven George Xiarhos5th Barnstable2/6/2023Natalie M. Higgins4th Worcester2/6/2023Angelo J. Puppolo, Jr.12th Hampden2/6/2023David Henry Argosky LeBoeuf17th Worcester2/6/2023Carol A. Doherty3rd Bristol2/6/2023Patrick M. O'ConnorFirst Plymouth and Norfolk2/7/2023William C. Galvin6th Norfolk2/7/2023Michelle M. DuBois10th Plymouth2/8/2023Denise C. Garlick13th Norfolk2/15/2023 2 of 2
16	16	John Barrett, III1st Berkshire2/16/2023Rodney M. Elliott16th Middlesex2/24/2023James K. Hawkins2nd Bristol2/24/2023 1 of 15
17	17	HOUSE DOCKET, NO. 3285 FILED ON: 1/20/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 1718
19	19	By Representatives Philips of Sharon and Giannino of Revere, a petition (accompanied by bill,
20	20	House, No. 1718) of Edward R. Philips, Jessica Ann Giannino and others for legislation relative
21	21	to the humane protection of animals and establishing a task force to complete a systematic
22	22	review of the laws pertaining to animal cruelty and protection. The Judiciary.
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act relative to the humane protection of animals.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. (a) There shall be a task force established to complete a systematic review
32	32	2of the laws pertaining to animal cruelty and protection including any legislative recommendation
33	33	3regarding the creation of a misdemeanor animal cruelty statute. The task force shall consist of:
34	34	4the attorney general or a designee; the president of the Massachusetts District Attorneys
35	35	5Association or a designee; the colonel of the state police or a designee; the commissioner of
36	36	6agricultural resources or a designee; a representative from the Massachusetts Society for the
37	37	7Prevention of Cruelty to Animals; a representative from the Animal Rescue League of Boston; a
38	38	8representative from the Massachusetts Bar Association; and 2 persons appointed by the
39	39	9governor, 1 of whom shall be an animal control officer or representative of an association
40	40	10organized in the commonwealth for animal control officers and 1 of whom shall be a veterinarian
41	41	11or member of a veterinary medical association organized in the commonwealth. The members of
42	42	12the task force shall appoint a chair. 2 of 15
43	43	13 (b) The misdemeanor task force shall assess the adequacy, effectiveness and necessity of
44	44	14laws pertaining to animal cruelty and protection including, but not limited to, any legislative
45	45	15recommendation regarding the creation of a misdemeanor animal cruelty statute.
46	46	16 (c) The task force shall submit a report of its findings and legislative recommendations
47	47	17to the clerks of the senate and the house of representatives and the chairs of the joint committee
48	48	18on the judiciary not later than 12 months after the effective date of this act. The task force shall
49	49	19determine if subsequent reports shall be necessary to properly address the goals of the task force.
50	50	20 SECTION 2. Chapter 140 of the General Laws is hereby amended by inserting after
51	51	21section 141B the following section:-
52	52	22 Section 141C. (a) No person shall sell or offer for sale a puppy or kitten that is under 8
53	53	23weeks of age. A violation of this subsection shall be punished by a fine of $100 for each puppy
54	54	24or kitten transferred.
55	55	25 SECTION 3. Chapter 140 of the General Laws is hereby amended by inserting after
56	56	26section 141C the following section:-
57	57	27 Section 141D. (a) No person shall sell, exchange, trade, barter, lease or display for
58	58	28commercial purposes any dog or cat on any roadside, public right-of-way, parkway, median,
59	59	29park or other recreation area, flea market or other outdoor market, or commercial or retail
60	60	30parking lot.
61	61	31 (b) This section shall not apply to: (1) the transfer of a dog or cat by, or to, a shelter,
62	62	32municipal animal control facility or animal rescue organization that is registered with the
63	63	33department, if required, and regardless of payment or compensation; or (2) the display of a dog 3 of 15
64	64	34or cat as part of a state or county fair exhibition, a 4-H program or similar exhibition or
65	65	35educational program.
66	66	36 (c) A person that violates this section shall be punished by a fine of not more than $50 for
67	67	37a first offense, a fine of not more than $100 for a second offense and a fine of not more than
68	68	38$300 for a third or subsequent offense. Each dog or cat sold in violation of this section shall
69	69	39constitute a separate offense.
70	70	40 (d) A city or town shall enforce this section through its animal control officers or police
71	71	41officers in a manner consistent with the disposition provisions in section 21D of chapter 40.
72	72	42 SECTION 4. Section 174E of chapter 140 of the General Laws, as appearing in the 2020
73	73	43Official Edition, is hereby amended by striking subsection (g) and inserting in place thereof the
74	74	44following subsection:-
75	75	45 (g) No person owning or keeping a domestic animal shall subject the animal to “cruel
76	76	46conditions.”
77	77	47 For the purposes of this section, a “domestic animal” is all animals, regardless of their
78	78	48purpose or use, including livestock, that are kept as a domestic animal.
79	79	49 For the purposes of this subsection, "cruel conditions” includes, but is not limited to, the
80	80	50following:
81	81	51 (1) exposure to excessive animal waste, garbage, non-potable water, excessive noxious
82	82	52odors that create a health threat to people or animals, dangerous objects or other animals that
83	83	53could injure or kill an animal upon contact, other circumstances that could cause harm to the 4 of 15
84	84	54health or safety of the animal based on species, age or physical condition; or failure to provide
85	85	55access to appropriate food and water based on the animal’s species, age and physical condition.
86	86	56 (2) lack of protection when wind or environmental or weather conditions pose an adverse
87	87	57risk to the health or safety of the animal based on the animal’s species, age, or physical
88	88	58condition.
89	89	59 SECTION 5. Subsection (h) of section 174E of chapter 140 of the General Laws, as so
90	90	60appearing, is hereby amended by inserting at the beginning thereof the following:-
91	91	61 A person who violates this section shall: (i) for a first offense, be issued a written
92	92	62warning or punished by a fine of not more than $50; (ii) for a second offense, be punished by a
93	93	63fine of not more than $200; and (iii) for a third or subsequent offense, be punished by a fine of
94	94	64not more than $500; provided, however, that for a third or subsequent offense, the animal may be
95	95	65subject to impoundment in a local shelter or appropriate facility at the owner's, keeper’s or
96	96	66guardian's expense pending compliance with this section, or loss of ownership of the animal.
97	97	67 SECTION 6. Section 174E of chapter 140 of the General Laws, as so appearing, is
98	98	68hereby amended by inserting, in line 100, after the word “special” the following word:- state
99	99	69 SECTION 7. Section 174E of chapter 140 of the General Laws, as so appearing, is
100	100	70hereby amended by striking, in line 102, the word “and” and inserting in place thereof the
101	101	71following:- or
102	102	72 SECTION 8. Section 174E of chapter 140 of the General Laws, as so appearing, is
103	103	73hereby amended by inserting the following subsection:-
104	104	74 (j) Nothing in this section shall preclude prosecution under section 77 of chapter 272. 5 of 15
105	105	75 SECTION 9. Section 35WW of chapter 10 of the General Laws, as appearing in the 2020
106	106	76Official Edition, is hereby amended by inserting after the figure “62”, in line 17, the following
107	107	77words:- , fines collected pursuant to section 37 of chapter 129.
108	108	78 SECTION 10. Section 37 of said chapter 129, as so appearing, is hereby amended by
109	109	79inserting after the fourth sentence the following sentence:- A fine assessed under this section
110	110	80shall be deposited into the Homeless Animal Prevention and Care Fund established in section
111	111	8135WW of chapter 10.
112	112	82 SECTION 11. Section 1A of Chapter 128 of the General Laws, as appearing in the 2020
113	113	83Official Edition, is hereby amended by inserting after the word “horses”, the following words:-
114	114	84but not including dogs or cats,
115	115	85 SECTION 12. Chapter 272 of the General Laws, as appearing in the 2020 Official
116	116	86Edition, is hereby amended by inserting after section 77 the following section:-
117	117	87 Section 77 1/2: Prohibition on access to animals by convicted animal abusers
118	118	88 (a) A person convicted of a violation of sections 77, 77C, 80 ½, 80E ½, 94, or 95 of
119	119	89chapter 272 or section 112 of chapter 266 shall not harbor, own, possess, exercise control over,
120	120	90reside with, adopt, or foster an animal or engage in an occupation, whether paid or unpaid, or
121	121	91participate in a volunteer position at any establishment where animals are present for any length
122	122	92of time that the court deems reasonable for the protection of all animals; provided, however, that
123	123	93the length of time shall not be less than 5 years after the person’s date of conviction or release
124	124	94from custody, whichever is later, for a first offense or less than 15 years after the person’s date of
125	125	95conviction or release from custody, whichever is later, for a second or subsequent offense. 6 of 15
126	126	96 (b) The court shall notify relevant authorities of the duration of the prohibition within 30
127	127	97days. Such authorities shall include any municipal officer involved with animal control and any
128	128	98municipal official responsible for the issuance of dog licenses in the municipality of the
129	129	99offender’s residence or residences, any special state police officer duly appointed by the colonel
130	130	100of the state police at the request of the Massachusetts Society for the Prevention of Cruelty to
131	131	101Animals or the Animal Rescue League of Boston under section 57 of chapter 22C, and, if the
132	132	102offender will serve a probationary sentence, the probation department. Such notice to authorities
133	133	103shall not be a public record under clause twenty-sixth of section 7 of chapter 4 or chapter 66.
134	134	104 (c) A person convicted of a violation of sections 77, 77C, 80 ½, 80E ½, 94, or 95 of
135	135	105chapter 272 or section 112 of chapter 266, as a first offense, may petition the court to reduce the
136	136	106duration of the prohibition no more than once per year. Such petition shall include: (i) an
137	137	107identification by county and docket number of the proceeding in which the petitioner was
138	138	108convicted; (ii) the date the judgment of conviction entered; (iii) the sentence imposed following
139	139	109conviction; (iv) a statement identifying all previous proceedings for direct and collateral review
140	140	110and the orders or judgments entered; and (v) all grounds for reduction of the duration of the
141	141	111prohibition claimed by the petitioner. The petitioner shall have the burden of establishing by a
142	142	112preponderance of evidence all of the following: (i) the petitioner does not present a danger to
143	143	113animals; (ii) the petitioner has the ability to properly care for any and all animals the petitioner
144	144	114may harbor, own, possess, exercise control over, reside with, adopt, or foster, or with whom the
145	145	115petitioner may engage in an occupation, whether paid or unpaid, or with whom the petitioner
146	146	116may participate in a volunteer position at any establishment; and (iii) the petitioner has
147	147	117successfully completed relevant classes and counseling deemed sufficient by the court. The
148	148	118petitioner shall serve a copy of the petition upon the office of the prosecuting attorney and, if at 7 of 15
149	149	119the time of filing the petitioner is serving a probationary sentence, the probation department.
150	150	120Upon receipt of a petition, the court shall schedule a hearing. The prosecuting attorney shall
151	151	121respond to the petition, specifying whether the petitioner presents a danger to animals and
152	152	122whether the petitioner should have the duration of the prohibition reduced. If the petitioner has
153	153	123met their burden, the court may reduce the prohibition, issuing corresponding notice as
154	154	124established in subsection (b) and may order that the petitioner instead comply with reasonable
155	155	125and unannounced inspections of the petitioner’s residence or residences, for a period of time the
156	156	126court deems appropriate, by an animal control officer as defined in section 136A of chapter 140
157	157	127or a police officer or special state police officer appointed under section 57 of chapter 22C.
158	158	128 (d) Any person found in violation of an order incorporating the provisions of this section
159	159	129may, in addition to any other punishment provided by law, be fined in an amount not exceeding
160	160	130$1,000 for each animal held in unlawful ownership or possession; shall forfeit custody of any
161	161	131animal involved in a violation of this section to the custody of an entity incorporated under the
162	162	132laws of the commonwealth for the prevention of cruelty to animals or for the care and protection
163	163	133of homeless or suffering animals; and shall not harbor, own, possess, exercise control over,
164	164	134reside with, adopt, or foster an animal or engage in an occupation, whether paid or unpaid, or
165	165	135participate in a volunteer position at any establishment where animals are present for 5 years for
166	166	136a first offense or 15 years for a second or subsequent offense.
167	167	137 SECTION 13. Section 77C of Chapter 272 of the General Laws, as appearing in the 2020
168	168	138Official Edition, is hereby amended, in subsection (d), by striking out the second paragraph and
169	169	139inserting in place thereof the following sentence:- 8 of 15
170	170	140 A person convicted of a violation of this section shall be subject to the prohibition on
171	171	141access to animals as required by section 77 ½ of chapter 272.
172	172	142 SECTION 14. Chapter 133 of the General Laws is hereby amended by inserting after
173	173	143section 4 the following section;-
174	174	144 Chapter 133 of the General Laws, as appearing in the 2020 Official Edition, is hereby
175	175	145amended by inserting after section 4 the following section:-.
176	176	146 Section 5. (1) For the purposes of this section:
177	177	147 (a)“Enforcing Authority” shall include: any law enforcement officer, animal control
178	178	148officer certified under section 151 of chapter 140, special state police officer duly appointed by
179	179	149the colonel of the state police at the request of the Massachusetts Society for the Prevention of
180	180	150Cruelty to Animals or the Animal Rescue League of Boston under section 57 of chapter 22C,
181	181	151sheriff or deputy sheriff; and
182	182	152 (b) “Neglected” shall include, but not be limited to the following:
183	183	153 (i) depriving the animal of necessary sustenance; or
184	184	154 (ii) failing to provide the animal with proper food, drink, shelter, sanitary environment, or
185	185	155protection from the weather; or
186	186	156 (iii) allowing or permitting the animal to be subjected to unnecessary suffering.
187	187	157 (2) To humanely protect any neglected animal, the enforcing authority may:
188	188	158 (a) Immediately remove an animal in an emergency situation from the animal’s present
189	189	159location in order to take custody of the animal if the enforcing authority has an objectively 9 of 15
190	190	160reasonable basis to believe that the animal is injured or in imminent danger of physical harm,
191	191	161provided the enforcing authority’s conduct following entry for removal is reasonable under the
192	192	162circumstances. A petition pursuant to this section shall be filed with the district court of the
193	193	163county in which the animal is located within 10 calendar days of removal of the animal seeking
194	194	164relief under this section; or
195	195	165 (b) File a petition with the district court of the county in which the animal is located
196	196	166seeking authority to order the owner or keeper of any animal found neglected to provide certain
197	197	167care to such animal at the expense of the owner or keeper without removal of the animal from its
198	198	168present location; or
199	199	169 (c) File a petition with the district court of the county in which the animal is located
200	200	170seeking authority to seize an animal upon probable cause that an animal has been neglected.
201	201	171 (3) Upon the filing of a petition pursuant to this section, wherein the enforcing authority
202	202	172is seeking relief pursuant to this section, the clerk magistrate of the district court shall schedule
203	203	173and commence a hearing on the petition before the justice of the district court within 10 calendar
204	204	174days of the date the petition is filed to determine whether the animal is neglected and whether the
205	205	175owner or keeper, if known, is able to humanely care for the animal. If there is any period of delay
206	206	176beyond the initial 10 calendar days before a hearing can commence, and that delay is attributable
207	207	177to the enforcing authority, the owner or keeper shall not be required to cover the cost of animal
208	208	178care for such period of delay. After the hearing, the court order shall be entered within 10
209	209	179calendar days. A fee may not be charged for filing of the petition. This subsection does not
210	210	180require court action for stray or abandoned animals as lawfully performed by animal control
211	211	181agents pursuant to section 151A of chapter 140 or any other individual authorized by law. 10 of 15
212	212	182 (4) If taking custody of an animal under this section, the enforcing authority shall serve
213	213	183written notice upon the owner or keeper of the animal, in-hand, if such person is known, or leave
214	214	184a copy of the written notice at the location where the animal was removed from, at least 3 days
215	215	185before the hearing is scheduled under subsection (3).
216	216	186 (5) The enforcing authority taking custody of an animal under this section shall provide
217	217	187care for the animal until either:
218	218	188 (a) The court determines the animal has been neglected and orders the forfeiture of the
219	219	189animal to the enforcing authority, allowing the enforcing authority to permanently transfer the
220	220	190animal; or
221	221	191 (b) The court determines the animal has not been neglected and orders the enforcing
222	222	192authority to return the animal to the animal’s owner or keeper, in which case the animal shall be
223	223	193returned to the owner or keeper upon payment by the owner or keeper, for the care and provision
224	224	194for the animal while in the custody of the enforcement authority; or
225	225	195 (c) The court determines humane euthanasia is in the best interest of the animal.
226	226	196 (6) If the evidence indicates the animal has been neglected, the burden is on the owner or
227	227	197keeper to demonstrate by clear and convincing evidence that he or she is able to humanely care
228	228	198for the animal.
229	229	199 (7) After a hearing, the court shall make a determination as to whether the animal has
230	230	200been neglected.
231	231	201 (8) In determining whether the animal has been neglected, the court may consider, among
232	232	202other matters: 11 of 15
233	233	203 (a)Testimony from the enforcing authority who removed or seized the animal and
234	234	204other witnesses as to the condition of the animal when removed or seized and as to the conditions
235	235	205under which the animal was kept;
236	236	206 (b)Testimony and evidence as to the veterinary care provided to the animal;
237	237	207 (c)Testimony and evidence as to the type and amount of care provided to the animal;
238	238	208 (d)Expert testimony as to the community standards for proper and reasonable care of
239	239	209the same type of animal;
240	240	210 (e)Testimony from any witnesses as to prior treatment or condition of this or other
241	241	211animals in the same custody;
242	242	212 (f)The owner or keeper’s past record of judgments pursuant to this chapter;
243	243	213 (g)Convictions or admissions to sufficient facts pursuant to applicable statutes
244	244	214prohibiting cruelty to animals;
245	245	215 (h)Documentary or testimonial evidence of past investigations involving facts and
246	246	216circumstances relating to the care and treatment of any animals; and
247	247	217 (i)Other evidence the court considers to be material or relevant.
248	248	218 (9) If after a hearing the court determines the animal has been neglected, the court may:
249	249	219 (a)Order that the owner or keeper have no further custody of the animal and the
250	250	220animal forfeited to the custody of the enforcing authority or any agency or person the court
251	251	221deems appropriate; or 12 of 15
252	252	222 (b)Order the animal be humanely euthanized, if in the best interest of the animal.
253	253	223 (10) If after a hearing the court determines the animal has not been neglected or subjected
254	254	224to cruel conditions and orders the enforcing authority to return the animal to the animal’s owner
255	255	225or keeper, the order shall provide that the animal in the possession of the enforcement authority
256	256	226be claimed and removed by the owner or keeper within 7 days after the date of the order. If the
257	257	227animal is not removed within 7 days, the animal shall be deemed abandoned by the owner or
258	258	228keeper.
259	259	229 (11) The court’s judgment shall be final and neither party shall have the right to an appeal
260	260	230of the judgment unless there exists a change in circumstance or newly discovered evidence
261	261	231within 10 business days of the final judgment by the court. The appeal shall be in the form of a
262	262	232motion to reconsider to the same justice who presided over the original hearing.
263	263	233 (12) The court may order that other animal(s) that are in the custody of the owner or
264	264	234keeper, not removed or seized by the enforcing authority, be forfeited to the enforcing authority
265	265	235if the court determines that the owner or keeper is unable to humanely care for any such
266	266	236additional animal(s). The court may prohibit such owner or keeper from harboring, owning,
267	267	237possessing, exercising control over, residing with, adopting, or fostering any additional
268	268	238animal(s).
269	269	239 (13) The court, upon proof of costs incurred by the enforcing authority, may require that
270	270	240the owner or keeper pay for the care of the animal while in the custody of the enforcing
271	271	241authority. A separate hearing may be held.
272	272	242 (14) Nothing in this section precludes an enforcing authority from applying for a search
273	273	243warrant to seize the animal pursuant to sections 1 through 7 of chapter 276 and section 83 of 13 of 15
274	274	244chapter 272 and from pursuing criminal charges relating to the animal pursuant to the applicable
275	275	245statutes prohibiting cruelty to animals.
276	276	246 SECTION 15. Section 58A of Chapter 276 of the General Laws, as appearing in the 2020
277	277	247Official Edition, is hereby amended by inserting after the word “another”, in lines 5 and 6, the
278	278	248following word:- or animal
279	279	249 SECTION 16. Section 58A of Chapter 276 of the General Laws, is hereby further
280	280	250amended by inserting after the word “person”, in line 7, the following word:- or animal
281	281	251 SECTION 17. Section 58A of Chapter 276 of the General Laws, is hereby further
282	282	252amended by striking the words “or 5”, in lines 10 and 185, and inserting in place thereof, the
283	283	253following words:- , 5 or 11
284	284	254 SECTION 18. Section 58A of Chapter 276 of the General Laws, is hereby further
285	285	255amended by inserting after the words “section 77”, in line 24, the following words:- , 77C,
286	286	256 SECTION 19. Section 58A of Chapter 276 of the General Laws, is hereby further
287	287	257amended by inserting after the word “person”, in lines 39, 46, 51, 89, 101, 116, 135, 141, 157,
288	288	258and 163, the following word:- , animal,
289	289	259 SECTION 20. Section 58A of Chapter 276 of the General Laws, is hereby further
290	290	260amended by striking the words “and (xiv)”, in lines 86-87, and inserting in place thereof, the
291	291	261following words:- “(xiv) refrain from having possession, custody, control, ownership, and from
292	292	262residing or working with any animals; and (xv)”
293	293	263 SECTION 21. Section 58A of Chapter 276 of the General Laws, is hereby further
294	294	264amended by inserting after the word “individual”, in line 160, the following word:- , animal, 14 of 15
295	295	265 SECTION 22. Section 58A of Chapter 276 of the General Laws, is hereby further
296	296	266amended by striking the words “or five” in line 176 and inserting in place thereof, the following
297	297	267words:- , five or eleven
298	298	268 SECTION 23. Section 58A of Chapter 276 of the General Laws, is hereby further
299	299	269amended by striking the words “and (xiv)”, in lines 86-87, and inserting in place thereof, the
300	300	270following words:- “(xiv) refrain from having possession, custody, control, ownership, and from
301	301	271residing or working with any animals; and (xv)”
302	302	272 SECTION 24. Section 33A of Chapter 276 of the Massachusetts General Laws, as
303	303	273appearing in the 2020 Official Edition, is hereby amended by inserting after the word “attorney”,
304	304	274in line 6, the following sentence:- “The accused shall also be afforded the opportunity to place a
305	305	275second call to make arrangements for the care of a dependent person or pet.”
306	306	276 SECTION 25. Chapter 272 of the General Laws, as appearing in the 2020 Official
307	307	277Edition, is hereby amended by inserting after section 77C the following section:-
308	308	278 Section 77D: Allowing courts to order mental health evaluations and treatment
309	309	279 (a) Prior to sentencing, the court may order a defendant charged with a violation of
310	310	280sections 77, 77C, 80 ½, 80E ½, 94, or 95 of chapter 272 or section 112 of chapter 266 to undergo
311	311	281a psychiatric, psychological, or mental health evaluation to help determine the causative factors
312	312	282for the violation and inform sentencing.
313	313	283 (b) If warranted by the results of an evaluation ordered pursuant to subsection (a) and the
314	314	284condition of the defendant, the court may order the defendant to undergo appropriate treatment,
315	315	285including, but not limited to, counseling, anger management classes, humane education classes, 15 of 15
316	316	286or any other appropriate treatment program designed to address the underlying causative factors
317	317	287for the violation. Such treatment may be conducted in-person or online.
318	318	288 (c) The cost of an evaluation ordered pursuant to subsection (a) and treatment program
319	319	289ordered pursuant to subsection (b) shall be borne by the defendant. However, if the defendant
320	320	290qualifies for a public defender or the court determines the defendant is indigent, such costs shall
321	321	291be paid by the commonwealth.
322	322	292 (d) Upon successful completion of a treatment program ordered pursuant to subsection
323	323	293(b), the court may suspend any fine imposed.