Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1142 Compare Versions

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

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 2295 FILED ON: 1/20/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1142
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	John C. Velis
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 :John C. VelisHampden and HampshirePatrick M. O'ConnorFirst Plymouth and Norfolk2/2/2023Jack Patrick Lewis7th Middlesex1/26/2023Steven George Xiarhos5th Barnstable2/6/2023Angelo J. Puppolo, Jr.12th Hampden2/6/2023Michelle M. DuBois10th Plymouth2/8/2023James K. Hawkins2nd Bristol2/28/2023Jason M. LewisFifth Middlesex3/3/2023Vanna Howard17th Middlesex3/8/2023Steven S. Howitt4th Bristol3/9/2023 1 of 12
16	16	SENATE DOCKET, NO. 2295 FILED ON: 1/20/2023
17	17	SENATE . . . . . . . . . . . . . . No. 1142
18	18	By Mr. Velis, a petition (accompanied by bill, Senate, No. 1142) of John C. Velis, Patrick M.
19	19	O'Connor, Jack Patrick Lewis, Steven George Xiarhos and other members of the General Court
20	20	for legislation relative to the humane protection of animals. The Judiciary.
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 relative to the humane protection of 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. (a) There shall be a task force established to complete a systematic review
30	30	2of the laws pertaining to animal cruelty and protection, included but not limited to, the creation
31	31	3of a misdemeanor animal cruelty statute. The task force shall consist of: the attorney general or a
32	32	4designee; the president of the Massachusetts District Attorneys Association or a designee; the
33	33	5colonel of the state police or a designee; the commissioner of agricultural resources or a
34	34	6designee; a representative from the Massachusetts Society for the Prevention of Cruelty to
35	35	7Animals; a representative from the Animal Rescue League of Boston; a representative from the
36	36	8Massachusetts Bar Association; 1 person appointed by the senate president; 1 person appointed
37	37	9by the speaker of the house; and 2 persons appointed by the governor, 1 of whom shall be an
38	38	10animal control officer or representative of an association organized in the commonwealth for
39	39	11animal control officers and 1 of whom shall be a veterinarian or member of a veterinary medical
40	40	12association organized in the commonwealth. The members of the task force shall appoint a chair. 2 of 12
41	41	13 (b) The misdemeanor task force shall: (i) assess the adequacy, effectiveness and necessity
42	42	14of laws pertaining to animal cruelty and protection including, but not limited to, any legislative
43	43	15recommendation regarding the creation of a misdemeanor animal cruelty statute; (ii) identify and
44	44	16review the existing services, facilities and funding to meet the needs of animals seized in cruelty
45	45	17cases and explore interagency options for coordination and funding to care for such animals; and
46	46	18(iii) offer recommendations for education and training opportunities for law enforcement, animal
47	47	19control officers, judges, veterinarians and other professionals.
48	48	20 (c) The task force shall submit a report of its findings to the clerks of the senate and the
49	49	21house of representatives and the chairs of the joint committee on the judiciary not later than 12
50	50	22months after the effective date of this act. The task force shall determine if subsequent reports
51	51	23shall be necessary to properly address the goals of the task force.
52	52	24 SECTION 2. Chapter 140 of the General Laws is hereby amended by inserting after
53	53	25section 141B the following section:-
54	54	26 Section 141C. (a) No person shall sell or offer for sale a puppy or kitten that is under 8
55	55	27weeks of age. A violation of this subsection shall be punished by a fine of $100 for each puppy
56	56	28or kitten transferred.
57	57	29 SECTION 3. Chapter 140 of the General Laws is hereby amended by inserting after
58	58	30section 141C the following section:-
59	59	31 Section 141D. (a) No person shall sell, exchange, trade, barter, lease or display for
60	60	32commercial purposes any dog or cat on any roadside, public right-of-way, parkway, median,
61	61	33park or other recreation area, flea market or other outdoor market, or commercial or retail
62	62	34parking lot. 3 of 12
63	63	35 (b) This section shall not apply to: (1) the transfer of a dog or cat by, or to, a shelter,
64	64	36municipal animal control facility or animal rescue organization that is registered with the
65	65	37department, if required, and regardless of payment or compensation; or (2) the display of a dog
66	66	38or cat as part of a state or county fair exhibition, a 4-H program or similar exhibition or
67	67	39educational program.
68	68	40 (c) A person that violates this section shall be punished by a fine of not more than $50 for
69	69	41a first offense, a fine of not more than $100 for a second offense and a fine of not more than
70	70	42$300 for a third or subsequent offense. Each dog or cat sold in violation of this section shall
71	71	43constitute a separate offense.
72	72	44 (d) A city or town shall enforce this section through its animal control officers or police
73	73	45officers in a manner consistent with the disposition provisions in section 21D of chapter 40.
74	74	46 SECTION 4. Section 1A of Chapter 128 of the General Laws is hereby amended by
75	75	47inserting after the word “horses”, the following words:- but not including dogs or cats,
76	76	48 SECTION 5. Chapter 272 of the General Laws is hereby amended by inserting after
77	77	49section 77 the following section:-
78	78	50 Section 77 1/2: Prohibition on access to animals by convicted animal abusers
79	79	51 (a) A person convicted of a violation of sections 77, 77C, 80 ½, 80E ½, 94, or 95 of
80	80	52chapter 272 or section 112 of chapter 266 shall not harbor, own, possess, exercise control over,
81	81	53reside with, adopt, or foster an animal or engage in an occupation, whether paid or unpaid, or
82	82	54participate in a volunteer position at any establishment where animals are present for any length
83	83	55of time that the court deems reasonable for the protection of all animals; provided, however, that 4 of 12
84	84	56the length of time shall not be less than 5 years after the person’s date of conviction or release
85	85	57from custody, whichever is later, for a first offense or less than 15 years after the person’s date of
86	86	58conviction or release from custody, whichever is later, for a second or subsequent offense.
87	87	59 (b) The court shall notify relevant authorities of the duration of the prohibition within 30
88	88	60days. Such authorities shall include any municipal officer involved with animal control and any
89	89	61municipal official responsible for the issuance of dog licenses in the municipality of the
90	90	62offender’s residence or residences, any special state police officer duly appointed by the colonel
91	91	63of the state police at the request of the Massachusetts Society for the Prevention of Cruelty to
92	92	64Animals or the Animal Rescue League of Boston under section 57 of chapter 22C, and, if the
93	93	65offender will serve a probationary sentence, the probation department. Such notice to authorities
94	94	66shall not be a public record under clause twenty-sixth of section 7 of chapter 4 or chapter 66.
95	95	67 (c) A person convicted of a violation of sections 77, 77C, 80 ½, 80E ½, 94, or 95 of
96	96	68chapter 272 or section 112 of chapter 266, as a first offense, may petition the court to reduce the
97	97	69duration of the prohibition no more than once per year. Such petition shall include: (i) an
98	98	70identification by county and docket number of the proceeding in which the petitioner was
99	99	71convicted; (ii) the date the judgment of conviction entered; (iii) the sentence imposed following
100	100	72conviction; (iv) a statement identifying all previous proceedings for direct and collateral review
101	101	73and the orders or judgments entered; and (v) all grounds for reduction of the duration of the
102	102	74prohibition claimed by the petitioner. The petitioner shall have the burden of establishing by a
103	103	75preponderance of evidence all of the following: (i) the petitioner does not present a danger to
104	104	76animals; (ii) the petitioner has the ability to properly care for any and all animals the petitioner
105	105	77may harbor, own, possess, exercise control over, reside with, adopt, or foster, or with whom the
106	106	78petitioner may engage in an occupation, whether paid or unpaid, or with whom the petitioner 5 of 12
107	107	79may participate in a volunteer position at any establishment; and (iii) the petitioner has
108	108	80successfully completed relevant classes and counseling deemed sufficient by the court. The
109	109	81petitioner shall serve a copy of the petition upon the office of the prosecuting attorney and, if at
110	110	82the time of filing the petitioner is serving a probationary sentence, the probation department.
111	111	83Upon receipt of a petition, the court shall schedule a hearing. The prosecuting attorney shall
112	112	84respond to the petition, specifying whether the petitioner presents a danger to animals and
113	113	85whether the petitioner should have the duration of the prohibition reduced. If the petitioner has
114	114	86met their burden, the court may reduce the prohibition, issuing corresponding notice as
115	115	87established in subsection (b) and may order that the petitioner instead comply with reasonable
116	116	88and unannounced inspections of the petitioner’s residence or residences, for a period of time the
117	117	89court deems appropriate, by an animal control officer as defined in section 136A of chapter 140
118	118	90or a police officer or special state police officer appointed under section 57 of chapter 22C.
119	119	91 (d) Any person found in violation of an order incorporating the provisions of this section
120	120	92may, in addition to any other punishment provided by law, be fined in an amount not exceeding
121	121	93$1,000 for each animal held in unlawful ownership or possession; shall forfeit custody of any
122	122	94animal involved in a violation of this section to the custody of an entity incorporated under the
123	123	95laws of the commonwealth for the prevention of cruelty to animals or for the care and protection
124	124	96of homeless or suffering animals; and shall not harbor, own, possess, exercise control over,
125	125	97reside with, adopt, or foster an animal or engage in an occupation, whether paid or unpaid, or
126	126	98participate in a volunteer position at any establishment where animals are present for 5 years for
127	127	99a first offense or 15 years for a second or subsequent offense. 6 of 12
128	128	100 SECTION 6. Section 77C of Chapter 272 of the General Laws, as so appearing, is hereby
129	129	101amended, in subsection (d), by striking out the second paragraph and inserting in place thereof
130	130	102the following sentence:-
131	131	103 A person convicted of a violation of this section shall be subject to the prohibition on
132	132	104access to animals as required by section 77 ½ of chapter 272.
133	133	105 SECTION 7. Chapter 133 of the General Laws is hereby amended by inserting after
134	134	106section 4 the following section:-
135	135	107 Chapter 133 of the General Laws, as appearing in the 2020 Official Edition, is hereby
136	136	108amended by inserting after section 4 the following section:-.
137	137	109 Section 5. (1) For the purposes of this section:
138	138	110 (a)“Enforcing Authority” shall include: any law enforcement officer, animal control
139	139	111officer certified under section 151 of chapter 140, special state police officer duly appointed by
140	140	112the colonel of the state police at the request of the Massachusetts Society for the Prevention of
141	141	113Cruelty to Animals or the Animal Rescue League of Boston under section 57 of chapter 22C,
142	142	114sheriff or deputy sheriff; and
143	143	115 (b) “Neglected” shall include, but not be limited to: (i) depriving the animal of necessary
144	144	116sustenance; (ii) failing to provide the animal with proper food, drink, shelter, sanitary
145	145	117environment, or protection from the weather; or (iii) allowing or permitting the animal to be
146	146	118subjected to unnecessary suffering.
147	147	119 (2) To humanely protect any neglected animal, the enforcing authority may: 7 of 12
148	148	120 (a) Immediately remove an animal in an emergency situation from the animal’s present
149	149	121location in order to take custody of the animal if the enforcing authority has an objectively
150	150	122reasonable basis to believe that the animal is injured or in imminent danger of physical harm,
151	151	123provided the enforcing authority’s conduct following entry for removal is reasonable under the
152	152	124circumstances. A petition pursuant to this section shall be filed with the district court of the
153	153	125county in which the animal is located within 10 calendar days of removal of the animal seeking
154	154	126relief under this section; or (b) file a petition with the district court of the county in which the
155	155	127animal is located seeking authority to order the owner or keeper of any animal found neglected to
156	156	128provide certain care to such animal at the expense of the owner or keeper without removal of the
157	157	129animal from its present location; or (c) file a petition with the district court of the county in
158	158	130which the animal is located seeking authority to seize an animal upon probable cause that an
159	159	131animal has been neglected.
160	160	132 (3) Upon the filing of a petition pursuant to this section, wherein the enforcing authority
161	161	133is seeking relief pursuant to this section, the clerk magistrate of the district court shall schedule
162	162	134and commence a hearing on the petition before the justice of the district court within 10 calendar
163	163	135days of the date the petition is filed to determine whether the animal is neglected and whether the
164	164	136owner or keeper, if known, is able to humanely care for the animal. If there is any period of delay
165	165	137beyond the initial 10 calendar days before a hearing can commence, and that delay is attributable
166	166	138to the enforcing authority, the owner or keeper shall not be required to cover the cost of animal
167	167	139care for such period of delay. After the hearing, the court order shall be entered within 10
168	168	140calendar days. A fee may not be charged for filing of the petition. This subsection does not
169	169	141require court action for stray or abandoned animals as lawfully performed by animal control
170	170	142agents pursuant to section 151A of chapter 140 or any other individual authorized by law. 8 of 12
171	171	143 (4) If taking custody of an animal under this section, the enforcing authority shall serve
172	172	144written notice upon the owner or keeper of the animal, in-hand, if such person is known, or leave
173	173	145a copy of the written notice at the location where the animal was removed from, at least 3 days
174	174	146before the hearing is scheduled under subsection (3).
175	175	147 (5) The enforcing authority taking custody of an animal under this section shall provide
176	176	148care for the animal until either: (a) the court determines the animal has been neglected and orders
177	177	149the forfeiture of the animal to the enforcing authority, allowing the enforcing authority to
178	178	150permanently transfer the animal; or (b) the court determines the animal has not been neglected
179	179	151and orders the enforcing authority to return the animal to the animal’s owner or keeper, in which
180	180	152case the animal shall be returned to the owner or keeper upon payment by the owner or keeper,
181	181	153for the care and provision for the animal while in the custody of the enforcement authority; or (c)
182	182	154the court determines humane euthanasia is in the best interest of the animal.
183	183	155 (6) If the evidence indicates the animal has been neglected, the burden is on the owner or
184	184	156keeper to demonstrate by clear and convincing evidence that he or she is able to humanely care
185	185	157for the animal.
186	186	158 (7) After a hearing, the court shall make a determination as to whether the animal has
187	187	159been neglected.
188	188	160 (8) In determining whether the animal has been neglected, the court may consider, among
189	189	161other matters:
190	190	162 a) Testimony from the enforcing authority who removed or seized the animal and other
191	191	163witnesses as to the condition of the animal when removed or seized and as to the conditions
192	192	164under which the animal was kept; 9 of 12
193	193	165 b) Testimony and evidence as to the veterinary care provided to the animal;
194	194	166 c) Testimony and evidence as to the type and amount of care provided to the animal;
195	195	167 d) Expert testimony as to the community standards for proper and reasonable care of the
196	196	168same type of animal;
197	197	169 e) Testimony from any witnesses as to prior treatment or condition of this or other
198	198	170animals in the same custody;
199	199	171 f) The owner or keeper’s past record of judgments pursuant to this chapter;
200	200	172 g) Convictions or admissions to sufficient facts pursuant to applicable statutes prohibiting
201	201	173cruelty to animals;
202	202	174 h) Documentary or testimonial evidence of past investigations involving facts and
203	203	175circumstances relating to the care and treatment of any animals; and
204	204	176 i) Other evidence the court considers to be material or relevant.
205	205	177 (9) If after a hearing the court determines the animal has been neglected, the court may:
206	206	178 a) Order that the owner or keeper have no further custody of the animal and the animal
207	207	179forfeited to the custody of the enforcing authority or any agency or person the court deems
208	208	180appropriate; or
209	209	181 b) Order the animal be humanely euthanized, if in the best interest of the animal.
210	210	182 (10) If after a hearing the court determines the animal has not been neglected or subjected
211	211	183to cruel conditions and orders the enforcing authority to return the animal to the animal’s owner 10 of 12
212	212	184or keeper, the order shall provide that the animal in the possession of the enforcement authority
213	213	185be claimed and removed by the owner or keeper within 7 days after the date of the order. If the
214	214	186animal is not removed within 7 days, the animal shall be deemed abandoned by the owner or
215	215	187keeper.
216	216	188 (11) The court’s judgment shall be final and neither party shall have the right to an appeal
217	217	189of the judgment unless there exists a change in circumstance or newly discovered evidence
218	218	190within 10 business days of the final judgment by the court. The appeal shall be in the form of a
219	219	191motion to reconsider to the same justice who presided over the original hearing.
220	220	192 (12) The court may order that other animal(s) that are in the custody of the owner or
221	221	193keeper, not removed or seized by the enforcing authority, be forfeited to the enforcing authority
222	222	194if the court determines that the owner or keeper is unable to humanely care for any such
223	223	195additional animal(s). The court may prohibit such owner or keeper from harboring, owning,
224	224	196possessing, exercising control over, residing with, adopting, or fostering any additional
225	225	197animal(s).
226	226	198 (13) The court, upon proof of costs incurred by the enforcing authority, may require that
227	227	199the owner or keeper pay for the care of the animal while in the custody of the enforcing
228	228	200authority. A separate hearing may be held.
229	229	201 (14) Nothing in this section precludes an enforcing authority from applying for a search
230	230	202warrant to seize the animal pursuant to sections 1 through 7 of chapter 276 and section 83 of
231	231	203chapter 272 and from pursuing criminal charges relating to the animal pursuant to the applicable
232	232	204statutes prohibiting cruelty to animals. 11 of 12
233	233	205 SECTION 17. Section 33A of Chapter 276 of the Massachusetts General Laws, as
234	234	206appearing in the 2020 Official Edition, is hereby amended by inserting after the word “attorney”,
235	235	207in line 6, the following sentence:- “The accused shall also be afforded the opportunity to place a
236	236	208second call to make arrangements for the care of a dependent person or pet.”
237	237	209 SECTION 18. Chapter 272 of the General Laws, as appearing in the 2020 Official
238	238	210Edition, is hereby amended by inserting after section 77C the following section:-
239	239	211 Section 77D: Allowing courts to order mental health evaluations and treatment
240	240	212 (a) Prior to sentencing, the court may order a defendant charged with a violation of
241	241	213sections 77, 77C, 80 ½, 80E ½, 94, or 95 of chapter 272 or section 112 of chapter 266 to undergo
242	242	214a psychiatric, psychological, or mental health evaluation to help determine the causative factors
243	243	215for the violation and inform sentencing.
244	244	216 (b) If warranted by the results of an evaluation ordered pursuant to subsection (a) and the
245	245	217condition of the defendant, the court may order the defendant to undergo appropriate treatment,
246	246	218including, but not limited to, counseling, anger management classes, humane education classes,
247	247	219or any other appropriate treatment program designed to address the underlying causative factors
248	248	220for the violation. Such treatment may be conducted in-person or online.
249	249	221 (c) The cost of an evaluation ordered pursuant to subsection (a) and treatment program
250	250	222ordered pursuant to subsection (b) shall be borne by the defendant. However, if the defendant
251	251	223qualifies for a public defender or the court determines the defendant is indigent, such costs shall
252	252	224be paid by the commonwealth. 12 of 12
253	253	225 (d) Upon successful completion of a treatment program ordered pursuant to subsection
254	254	226(b), the court may suspend any fine imposed.