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HOUSE DOCKET, NO. 336 FILED ON: 1/8/2025
HOUSE . . . . . . . . . . . . . . . No. 1914
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Tram T. Nguyen and Vanna Howard
_________________
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 a temporary possession ban of animals for animal abusers.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Tram T. Nguyen18th Essex1/8/2025Vanna Howard17th Middlesex1/8/2025Homar Gómez2nd Hampshire1/8/2025Danillo A. Sena37th Middlesex1/8/2025Steven J. Ouellette8th Bristol1/12/2025James Arciero2nd Middlesex2/21/2025Brian M. Ashe2nd Hampden1/27/2025Natalie M. Blais1st Franklin1/25/2025Manny Cruz7th Essex2/25/2025Marjorie C. Decker25th Middlesex2/14/2025William C. Galvin6th Norfolk2/25/2025Colleen M. Garry36th Middlesex1/23/2025Carmine Lawrence Gentile13th Middlesex2/15/2025James K. Hawkins2nd Bristol2/7/2025Tara T. Hong18th Middlesex2/8/2025Patrick Joseph Kearney4th Plymouth1/16/2025David Henry Argosky LeBoeuf17th Worcester2/25/2025Michael O. MooreSecond Worcester2/3/2025 2 of 2
Adrianne Pusateri Ramos14th Essex3/6/2025Adam J. Scanlon14th Bristol3/4/2025Thomas M. Stanley9th Middlesex2/26/2025Bruce E. TarrFirst Essex and Middlesex2/26/2025 1 of 4
HOUSE DOCKET, NO. 336 FILED ON: 1/8/2025
HOUSE . . . . . . . . . . . . . . . No. 1914
By Representatives Nguyen of Andover and Howard of Lowell, a petition (accompanied by bill,
House, No. 1914) of Tram T. Nguyen, Vanna Howard and others relative to a temporary
possession ban of animals for animal abusers. The Judiciary.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act relative to a temporary possession ban of animals for animal abusers.
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. Said section 35WW of said chapter 10, as so appearing, is hereby further
2amended by inserting after the figure “140”, in line 9, the following words:- “and include the
3writing of citations under section 174E of chapter 140”.
4 SECTION 2. Section 35WW of chapter 10 of the General Laws, as appearing in the 2022
5Official Edition, is hereby amended by inserting after the figure “62”, in line 17, the following
6words:- “, fines collected pursuant to section 37 of chapter 129”.
7 SECTION 3. Section 37 of chapter 129, as so appearing, is hereby amended by inserting
8after the fourth sentence the following sentence:- “A fine assessed under this section shall be
9deposited into the Homeless Animal Prevention and Care Fund established in section 35WW of
10chapter 10.” 2 of 4
11 SECTION 4. Section 77C of Chapter 272 of the General Laws, as appearing in the 2022
12Official Edition, is hereby amended, in subsection (d), by striking out the second paragraph and
13inserting in place thereof the following sentence:-
14 “A person convicted of a violation of this section shall be subject to the prohibition on
15access to animals as required by section 77 ½ of chapter 272.”
16 SECTION 5. Chapter 272 of the General Laws, as appearing in the 2022 Official Edition,
17is hereby amended by inserting after section 77 the following section:-
18 Section 77 1/2: Temporary possession ban of animals by animal abusers
19 (a) The court shall prohibit a person convicted under chapter 272 section 77, 77C or 94
20from owning or accessing animals, per subsection (c), for at least 5 years after the person’s date
21of conviction or release from custody, whichever is later, for a first offense or for at least 15
22years for a second or subsequent offense, or for any greater length of time the court deems
23appropriate for the protection of animals.
24 (b) The court may prohibit ownership and access to animals, per subsection (c), for any
25length of time the court deems appropriate for the protection of animals, for a person charged
26with any animal-related offense under chapter 272 or 266 and either (i) convicted of any offense
27not enumerated in subsection (a) or (ii) placed in the care of the probation department upon a
28continuance without a finding or pretrial pursuant to section 87 of chapter 276.
29 (c) A person prohibited from owning or accessing animals shall not: (i) own, harbor,
30possess, have custody of, exercise control over, reside with, adopt, or foster an animal; or (ii)
31volunteer or work, whether paid or unpaid, in any capacity that requires the person to be in 3 of 4
32contact with an animal, including, but not limited to, an animal boarding, including daycare, or
33training establishment; animal control facility; pet shop; grooming facility; breeder; veterinary
34hospital or clinic; or animal shelter, animal rescue organization, animal welfare society or other
35nonprofit organization incorporated for the purpose of providing for or promoting the welfare,
36protection and humane treatment of animals.
37 (d) The court shall notify the relevant authorities of the duration and conditions of the
38prohibition within 30 days. Such authorities shall include: any municipal officer involved with
39animal control, any municipal official responsible for the issuance of dog licenses, and the chief
40of police in the municipality of the offender’s residence or residences; any special state police
41officer duly appointed by the colonel of the state police at the request of the Massachusetts
42Society for the Prevention of Cruelty to Animals or the Animal Rescue League of Boston under
43section 57 of chapter 22C; and, if the offender will serve a probationary sentence, the probation
44department. Such notice to authorities shall not be a public record under clause twenty-six of
45section 7 of chapter 4 or chapter 66.
46 (e) A person prohibited from owning or accessing animals may petition the court to
47reduce the duration or conditions of the prohibition once per year. Such petition shall include: (i)
48an identification by county and docket number of the proceeding in which the petitioner was
49convicted; (ii) the date the judgment of conviction entered; (iii) the sentence imposed following
50conviction; (iv) a statement identifying all previous proceedings for direct and collateral review
51and the orders or judgments entered; and (v) all grounds for reduction of the duration or
52conditions of the prohibition claimed by the petitioner. The petitioner shall have the burden of
53establishing by a preponderance of evidence all of the following: (i) the petitioner does not
54present a danger to animals; (ii) the petitioner has the ability to properly care for any and all 4 of 4
55animals the petitioner may own or access; and (iii) the petitioner has successfully completed
56relevant classes and counseling deemed sufficient by the court. The petitioner shall serve a copy
57of the petition upon the office of the prosecuting attorney and, if at the time of filing the
58petitioner is serving a probationary sentence, the probation department. Upon receipt of a
59petition, the court shall schedule a hearing. At the hearing, the prosecuting attorney shall respond
60to the petition, specifying whether the petitioner presents a danger to animals and whether the
61petitioner should have the duration or conditions of the prohibition reduced. If the petitioner has
62met their burden, the court may reduce the duration or conditions of the prohibition, issuing
63corresponding notice as established in subsection (b) and may order that the petitioner instead
64comply with reasonable and unannounced inspections of the petitioner’s residence or residences,
65for a period of time the court deems appropriate, by an animal control officer as defined in
66section 136A of chapter 140 or a police officer or special state police officer appointed under
67section 57 of chapter 22C.
68 (f) Any person found in violation of an order incorporating the provisions of this section,
69in addition to any other punishment provided by law, shall forfeit custody of any animal owned,
70possessed, or kept by the offender to the custody of an entity incorporated under the laws of the
71commonwealth for the prevention of cruelty to animals or for the care and protection of
72homeless or suffering animals; and, for any length of time the court deems appropriate, shall not
73own or access any animal, per subsection (c); provided, however, that the duration shall be
74greater than the length of time originally ordered in subsection (a) or (b). Such person may,
75additionally, be fined in an amount not exceeding $1,000 for each animal involved in a violation
76of this section. A fine assessed under this section shall be deposited into the Homeless Animal
77Prevention and Care Fund established in section 35WW of chapter 10.