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SENATE DOCKET, NO. 2139 FILED ON: 1/20/2023
SENATE . . . . . . . . . . . . . . No. 1059
The Commonwealth of Massachusetts
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PRESENTED BY:
Mark C. Montigny
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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 enhancing the issuance of citations for cruel conditions for animals.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Mark C. MontignySecond Bristol and PlymouthJack Patrick Lewis7th Middlesex1/26/2023John F. KeenanNorfolk and Plymouth2/2/2023Michael O. MooreSecond Worcester2/2/2023Patrick M. O'ConnorFirst Plymouth and Norfolk2/2/2023Steven George Xiarhos5th Barnstable2/6/2023Angelo J. Puppolo, Jr.12th Hampden2/6/2023Adam GomezHampden2/23/2023 1 of 3
SENATE DOCKET, NO. 2139 FILED ON: 1/20/2023
SENATE . . . . . . . . . . . . . . No. 1059
By Mr. Montigny, a petition (accompanied by bill, Senate, No. 1059) of Mark C. Montigny, Jack
Patrick Lewis, John F. Keenan, Michael O. Moore and other members of the General Court for
legislation to enhance the issuance of citations for cruel conditions for animals. The Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1097 OF 2021-2022.]
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 enhancing the issuance of citations for cruel conditions for animals.
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 174E of chapter 140 of the General Laws, as appearing in the 2020
2Official Edition, is hereby amended by striking subsection (g) and inserting in place thereof the
3following subsection:-
4 (g) No person owning or keeping a domestic animal shall subject the animal to “cruel
5conditions.”
6 For the purposes of this section, a “domestic animal” is all animals, regardless of their
7purpose or use, including livestock, that are kept as a domestic animal.
8 For the purposes of this subsection, "cruel conditions” includes, but is not limited to, the
9following: 2 of 3
10 (1) exposure to excessive animal waste, garbage, non-potable water, excessive noxious
11odors that create a health threat to people or animals, dangerous objects or other animals that
12could injure or kill an animal upon contact, other circumstances that could cause harm to the
13health or safety of the animal based on species, age or physical condition; or failure to provide
14access to appropriate food and water based on the animal’s species, age and physical condition.
15 (2) lack of protection when wind or environmental or weather conditions pose an adverse
16risk to the health or safety of the animal based on the animal’s species, age, or physical
17condition.
18 SECTION 2. Subsection (h) of section 174E of chapter 140 of the General Laws, as so
19appearing, is hereby amended by inserting at the beginning thereof the following:-
20 A person who violates this section shall: (i) for a first offense, be issued a written
21warning or punished by a fine of not more than $50; (ii) for a second offense, be punished by a
22fine of not more than $200; and (iii) for a third or subsequent offense, be punished by a fine of
23not more than $500; provided, however, that for a third or subsequent offense, the animal may be
24subject to impoundment in a local shelter or appropriate facility at the owner's, keeper’s or
25guardian's expense pending compliance with this section, or loss of ownership of the animal.
26 SECTION 3. Section 174E of chapter 140 of the General Laws, as so appearing, is
27hereby amended by inserting, in line 100, after the word “special” the following word:- state
28 SECTION 4. Section 174E of chapter 140 of the General Laws, as so appearing, is
29hereby amended by striking, in line 102, the word “and” and inserting in place thereof the
30following:- or 3 of 3
31 SECTION 5. Section 174E of chapter 140 of the General Laws, as so appearing, is
32hereby amended by inserting the following subsection:-
33 (j) Nothing in this section shall preclude prosecution under section 77 of chapter 272.
34 SECTION 6. Section 35WW of chapter 10 of the General Laws, as so appearing, is
35hereby amended by inserting after the figure “62”, in line 17, the following words:- , fines
36collected pursuant to section 37 of chapter 129.
37 SECTION 7. Section 37 of said chapter 129, as so appearing, is hereby amended by
38inserting after the fourth sentence the following sentence:- A fine assessed under this section
39shall be deposited into the Homeless Animal Prevention and Care Fund established in section
4035WW of chapter 10.