Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2117 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. 786 FILED ON: 1/17/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 2117
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	David T. Vieira, (BY REQUEST)
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 dangerous dogs.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Angela JasperMashpee, MA1/17/2023 1 of 4
16	16	HOUSE DOCKET, NO. 786 FILED ON: 1/17/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 2117
18	18	By Representative Vieira of Falmouth (by request), a petition (accompanied by bill, House, No.
19	19	2117) of Angela Jasper relative to dangerous dogs. Municipalities and Regional Government.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Third General Court
23	23	(2023-2024)
24	24	_______________
25	25	An Act relative to dangerous dogs.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 SECTION 1. Section 157 of chapter 140 of the General Laws, as appearing in the 2020
29	29	2Official Edition, is hereby amended by inserting in subsection (a)(4), in line 29, after the first
30	30	3sentence of the second paragraph, the following three sentences:- If the biting dog has broken
31	31	4skin of a human, then an animal control officer, police officer, or hearing authority may order the
32	32	5dog, while outside of an enclosed structure, be leashed and wear a humane basket or basket-type
33	33	6muzzle until the hearing. The hearing authority shall hold the public hearing within 30 days of
34	34	7the complaint after adequate notice, unless continued by agreement of both parties. Failure to
35	35	8provide such notice shall result in a dismissal with prejudice.
36	36	9 SECTION 2. Section 157 of chapter 140 of the General Laws is hereby further amended
37	37	10by inserting in subsection (a)(4), in line 30, after the word “hearing,” the following words:-
38	38	11limited to the issues in the hearing notice, 2 of 4
39	39	12 SECTION 3. Section 157 of chapter 140 of the General Laws, is hereby further amended
40	40	13by striking subsection (c)(ii) and inserting in place thereof the following section:-
41	41	14 (c)(ii) that the dog be confined to the premises of the owner or keeper of the dog;
42	42	15provided, however, that ''confined'' shall mean securely confined indoors or when confined
43	43	16outdoors, kept in a fenced-in area that includes an egress to the indoors and a locked gate and is
44	44	17surrounded with a 6-foot high fence with a privacy barrier, or in a securely enclosed and locked
45	45	18pen. The owner or keeper shall ensure that the dog cannot escape by digging and that no natural
46	46	19or artificial items near the edges of the fenced-in area or locked pen would permit a dog to jump
47	47	20or climb over the fence or pen. The dog must be able to move freely and the dog’s food must be
48	48	21able to be placed eight feet from where the dog can urinate or defecate. Such excretions shall be
49	49	22removed daily. Within the confines of such pen or dog run, a dog house or proper shelter from
50	50	23the elements shall be provided to protect the dog;
51	51	24 SECTION 4. Section 157 of chapter 140 of the General Laws is hereby further amended
52	52	25by inserting in subsection (c)(iii), after the word “muzzled”, in line 58, the following words:-
53	53	26with a basket or basket-type muzzle
54	54	27 SECTION 5. Section 157 of chapter 140 of the General Laws is hereby further amended
55	55	28by inserting after subsection (c)(vi) the following subsection:-
56	56	29 (c)(vii) that the owner or keeper of the dog consults with a veterinarian, behaviorist, or
57	57	30trainer to develop a public safety and behavior modification plan that exclusively employs
58	58	31evidence-based training techniques that do not result in pain, discomfort, fear, or anxiety.
59	59	32Electric, prong, or choke collars shall not be used at part of this modification plan. All
60	60	33professionals involved in the dog’s modification plan shall be educated in and employ methods 3 of 4
61	61	34that adhere to the principles of the American Veterinary Society of Animal Behavior and the
62	62	35American College of Veterinary Behaviorists; or
63	63	36 SECTION 6. Section 157A of chapter 140 of the General Laws is hereby further
64	64	37amended by striking in section (c), the number “(vii)”, in line 83, and replacing with the
65	65	38following number:- (viii)
66	66	39 SECTION 7. Section 157 of chapter 140 of the General Laws is hereby further amended
67	67	40by inserting in subsection (c), after the word “removed”, in line 85, the following words:- or
68	68	41excluded
69	69	42 SECTION 8. Section 157 of chapter 140 of the General Laws, is hereby further amended
70	70	43by inserting at the end of subsection (c) the following sentence:-
71	71	44 Once the complaint has been filed and the owner or keeper notified, the owner or keeper
72	72	45shall not transfer ownership of the dog.
73	73	46 SECTION 9. Section 157 of chapter 140 of the General Laws, is hereby further amended
74	74	47by striking, in subsection (d), the word “an”, in line 88, and inserting in place thereof the
75	75	48following word:- any
76	76	49 SECTION 10. Section 157 of chapter 140 of the General Laws, is hereby further
77	77	50amended by inserting, in subsection (d), after the word, “inclusive,”, in line 89, the following
78	78	51words:- or (h),
79	79	52 SECTION 11. Section 157 of chapter 140 of the General Laws, is hereby further
80	80	53amended by striking in subsection (d) the sentence “A party shall have the right to request a de 4 of 4
81	81	54novo hearing on the complaint before a justice of the court”, in lines 97-99, and inserting in place
82	82	55thereof the following sentence:-
83	83	56 Either party shall have the right to request a de novo hearing on the complaint before a
84	84	57justice of the court, but such request must be made within 10 days after the decision of the
85	85	58magistrate.
86	86	59 SECTION 12. Section 157 of chapter 140 of the General Laws, is hereby further
87	87	60amended by inserting in subsection (h) after the word “section”, in line 145, the following
88	88	61words:- after obtaining a court order,
89	89	62 SECTION 13. Section 157 of chapter 140 of the General Laws, is hereby further
90	90	63amended by inserting in subsection (h) after the word “authority”, in line 150, the following
91	91	64words:- for a public hearing
92	92	65 SECTION 14. Section 157 of chapter 140 of the General Laws, is hereby further
93	93	66amended by striking in subsection (h) by striking, in lines 151-154, the sentence “The owner or
94	94	67keeper shall be ordered to immediately surrender to the licensing authority the license and tags in
95	95	68the person's possession, if any, and the owner or keeper shall be prohibited from licensing a dog
96	96	69within the commonwealth for 5 years.”
97	97	70 SECTION 15. Section 157 of chapter 140 of the General Laws, is hereby further
98	98	71amended by inserting at the end of subsection (h) the following sentence:-
99	99	72 The owner or keeper shall be ordered to immediately surrender to the licensing authority
100	100	73the license and tags in the person's possession, if any, and the owner or keeper may be prohibited
101	101	74from licensing a dog within the commonwealth for up to 5 years.