Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2102 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2139 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 2102
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Angelo J. Puppolo, Jr.
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 enhancing the issuance of citations for cruel conditions for animals.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Angelo J. Puppolo, Jr.12th Hampden1/19/2023Brian M. Ashe2nd Hampden2/23/2023Patrick M. O'ConnorFirst Plymouth and Norfolk2/23/2023Lindsay N. Sabadosa1st Hampshire2/23/2023Steven George Xiarhos5th Barnstable2/23/2023Jack Patrick Lewis7th Middlesex2/23/2023Natalie M. Higgins4th Worcester2/23/2023David Henry Argosky LeBoeuf17th Worcester2/23/2023William C. Galvin6th Norfolk2/23/2023Michelle M. DuBois10th Plymouth2/23/2023Paul McMurtry11th Norfolk2/23/2023John Barrett, III1st Berkshire2/23/2023Denise C. Garlick13th Norfolk2/23/2023Samantha Montaño15th Suffolk2/23/2023Bruce J. Ayers1st Norfolk3/13/2023 1 of 3
16	16	HOUSE DOCKET, NO. 2139 FILED ON: 1/19/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 2102
18	18	By Representative Puppolo of Springfield, a petition (accompanied by bill, House, No. 2102) of
19	19	Angelo J. Puppolo, Jr., and others relative to enhancing the issuance of citations for cruel
20	20	conditions for animals. Municipalities and Regional Government.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act enhancing the issuance of citations for cruel conditions for animals.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Section 174E of chapter 140 of the General Laws, as so appearing, is
30	30	2hereby amended by striking subsection (g) and inserting in place thereof the following
31	31	3subsection:-
32	32	4 (g) No person owning or keeping a domestic animal shall subject the animal to “cruel
33	33	5conditions.”
34	34	6 For the purposes of this section, a “domestic animal” is all animals, regardless of their
35	35	7purpose or use, including livestock, that are kept as a domestic animal.
36	36	8 For the purposes of this subsection, "cruel conditions” includes, but is not limited to, the
37	37	9following:
38	38	10 (1) exposure to excessive animal waste, garbage, non-potable water, excessive noxious
39	39	11odors that create a health threat to people or animals, dangerous objects or other animals that 2 of 3
40	40	12could injure or kill an animal upon contact, other circumstances that could cause harm to the
41	41	13health or safety of the animal based on species, age or physical condition; or failure to provide
42	42	14access to appropriate food and water based on the animal’s species, age and physical condition.
43	43	15 (2) lack of protection when wind or environmental or weather conditions pose an adverse
44	44	16risk to the health or safety of the animal based on the animal’s species, age, or physical
45	45	17condition.
46	46	18 SECTION 2. Subsection (h) of section 174E of chapter 140 of the General Laws, as so
47	47	19appearing, is hereby amended by inserting at the beginning thereof the following:-
48	48	20 A person who violates this section shall: (i) for a first offense, be issued a written
49	49	21warning or punished by a fine of not more than $50; (ii) for a second offense, be punished by a
50	50	22fine of not more than $200; and (iii) for a third or subsequent offense, be punished by a fine of
51	51	23not more than $500; provided, however, that for a third or subsequent offense, the animal may be
52	52	24subject to impoundment in a local shelter or appropriate facility at the owner's, keeper’s or
53	53	25guardian's expense pending compliance with this section, or loss of ownership of the animal.
54	54	26 SECTION 3. Section 174E of chapter 140 of the General Laws, as so appearing, is
55	55	27hereby amended by inserting, in line 100, after the word “special” the following word:- state
56	56	28 SECTION 4. Section 174E of chapter 140 of the General Laws, as so appearing, is
57	57	29hereby amended by striking, in line 102, the word “and” and inserting in place thereof the
58	58	30following:- or
59	59	31 SECTION 5. Section 174E of chapter 140 of the General Laws, as so appearing, is
60	60	32hereby amended by inserting the following subsection:- 3 of 3
61	61	33 (j) Nothing in this section shall preclude prosecution under section 77 of chapter 272.
62	62	34 SECTION 6. Section 35WW of chapter 10 of the General Laws, as so appearing, is
63	63	35hereby amended by inserting after the figure “62”, in line 17, the following words:- , fines
64	64	36collected pursuant to section 37 of chapter 129.
65	65	37 SECTION 7. Section 37 of said chapter 129, as so appearing, is hereby amended by
66	66	38inserting after the fourth sentence the following sentence:- A fine assessed under this section
67	67	39shall be deposited into the Homeless Animal Prevention and Care Fund established in section
68	68	4035WW of chapter 10.