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