Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1934 Compare Versions

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

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1	1	1 of 2
2	2	HOUSE DOCKET, NO. 2591 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1934
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Edward R. Philips
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 preventing animal cruelty.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Edward R. Philips8th Norfolk1/16/2025Jacob R. OliveiraHampden, Hampshire and Worcester2/10/2025Samantha Montaño15th Suffolk2/5/2025Christine P. Barber34th Middlesex2/24/2025Marjorie C. Decker25th Middlesex2/17/2025Angelo J. Puppolo, Jr.12th Hampden1/24/2025Lindsay N. Sabadosa1st Hampshire1/31/2025Brian W. Murray10th Worcester1/31/2025Michael D. BradySecond Plymouth and Norfolk2/10/2025Mike Connolly26th Middlesex2/10/2025James K. Hawkins2nd Bristol2/10/2025Tara T. Hong18th Middlesex2/10/2025Manny Cruz7th Essex2/10/2025Brian M. Ashe2nd Hampden2/10/2025Vanna Howard17th Middlesex2/17/2025James Arciero2nd Middlesex3/4/2025Patrick Joseph Kearney4th Plymouth3/4/2025David Henry Argosky LeBoeuf17th Worcester3/4/2025 2 of 2
16	16	William C. Galvin6th Norfolk3/4/2025Bruce E. TarrFirst Essex and Middlesex3/4/2025Joseph W. McGonagle, Jr.28th Middlesex3/4/2025James C. Arena-DeRosa8th Middlesex3/4/2025 1 of 6
17	17	HOUSE DOCKET, NO. 2591 FILED ON: 1/16/2025
18	18	HOUSE . . . . . . . . . . . . . . . No. 1934
19	19	By Representative Philips of Sharon, a petition (accompanied by bill, House, No. 1934) of
20	20	Edward R. Philips and others for legislation to further regulate animal cruelty. The Judiciary.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act preventing animal cruelty.
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.
30	30	2 Chapter 140 of the General Laws, as appearing in the 2022 Official Edition, is hereby
31	31	3amended by inserting after section 151C the following section:-.
32	32	4 Section 151D.
33	33	5 (1) For the purposes of this section:
34	34	6 (a) “Enforcing Authority” shall include: any law enforcement officer, animal control
35	35	7officer certified under section 151 of chapter 140, special state police officer duly appointed by
36	36	8the colonel of the state police at the request of the Massachusetts Society for the Prevention of
37	37	9Cruelty to Animals or the Animal Rescue League of Boston under section 57 of chapter 22C,
38	38	10sheriff or deputy sheriff; and
39	39	11 (b) “Neglected” shall include, but not be limited to the following: 2 of 6
40	40	12 (i) depriving the animal of necessary sustenance;
41	41	13 (ii) failing to provide the animal with proper food, drink, shelter, sanitary environment, or
42	42	14protection from the weather; or
43	43	15 (iii) allowing or permitting the animal to be subjected to unnecessary suffering.
44	44	16 (2) To humanely protect any neglected animal, the enforcing authority may, upon
45	45	17probable cause to believe an animal has been neglected:
46	46	18 (a) Immediately remove an animal in an emergency situation from the animal’s present
47	47	19location in order to take custody of the animal if the enforcing authority has an objectively
48	48	20reasonable basis to believe that the animal is injured or in imminent danger of physical harm,
49	49	21provided the enforcing authority’s conduct following entry for removal is reasonable under the
50	50	22circumstances. A petition pursuant to this section shall be filed with the district court of the
51	51	23county in which the animal is located within 10 calendar days of removal of the animal seeking
52	52	24relief under this section;
53	53	25 (b) File a petition with the district court of the county in which the animal is located
54	54	26seeking authority to order the owner or keeper of any animal found neglected to provide certain
55	55	27care to such animal at the expense of the owner or keeper without removal of the animal from its
56	56	28present location; or
57	57	29 (c) File a petition with the district court of the county in which the animal is located
58	58	30seeking authority to seize the animal.
59	59	31 (3) Upon the filing of a petition pursuant to this section, wherein the enforcing authority
60	60	32is seeking relief pursuant to this section, the clerk magistrate of the district court shall schedule 3 of 6
61	61	33and commence a hearing on the petition before the justice of the district court within 10 calendar
62	62	34days of the date the petition is filed to determine whether the animal is neglected and whether the
63	63	35owner or keeper, if known, is able to humanely care for the animal. If there is any period of delay
64	64	36beyond the initial 10 calendar days before a hearing can commence, and that delay is attributable
65	65	37to the enforcing authority, the owner or keeper shall not be required to cover the cost of animal
66	66	38care for such period of delay. After the hearing, the court order shall be entered within 10
67	67	39calendar days. A fee may not be charged for filing of the petition. This subsection does not
68	68	40require court action for stray or abandoned animals as lawfully performed by animal control
69	69	41agents pursuant to section 151A of chapter 140 or any other individual authorized by law.
70	70	42 (4) If taking custody of an animal under this section, the enforcing authority shall serve
71	71	43written notice upon the owner or keeper of the animal, in-hand, if such person is known, or leave
72	72	44a copy of the written notice at the location where the animal was removed from, at least 3 days
73	73	45before the hearing is scheduled under subsection (3).
74	74	46 (5) The enforcing authority taking custody of an animal under this section shall provide
75	75	47care for the animal until either:
76	76	48 (a) The court determines the animal has been neglected and orders the forfeiture of the
77	77	49animal to the enforcing authority, allowing the enforcing authority to permanently transfer the
78	78	50animal;
79	79	51 (b) The court determines the animal has not been neglected and orders the enforcing
80	80	52authority to return the animal to the animal’s owner or keeper, in which case the animal shall be
81	81	53returned to the owner or keeper upon payment by the owner or keeper, for the care and provision
82	82	54for the animal while in the custody of the enforcement authority; or 4 of 6
83	83	55 (c) The court determines humane euthanasia is in the best interest of the animal.
84	84	56 (6) If the evidence indicates the animal has been neglected, the burden is on the owner or
85	85	57keeper to demonstrate by clear and convincing evidence that he or she is able to humanely care
86	86	58for the animal.
87	87	59 (7) After a hearing, the court shall make a determination as to whether the animal has
88	88	60been neglected.
89	89	61 (8) In determining whether the animal has been neglected, the court may consider, among
90	90	62other matters:
91	91	63 (a) Testimony from the enforcing authority who removed or seized the animal and other
92	92	64witnesses as to the condition of the animal when removed or seized and as to the conditions
93	93	65under which the animal was kept;
94	94	66 (b) Testimony and evidence as to the veterinary care provided to the animal;
95	95	67 (c) Testimony and evidence as to the type and amount of care provided to the animal;
96	96	68 (d) Expert testimony as to the community standards for proper and reasonable care of the
97	97	69same type of animal;
98	98	70 (e) Testimony from any witnesses as to prior treatment or condition of this or other
99	99	71animals in the same custody;
100	100	72 (f) The owner or keeper’s past record of judgments pursuant to this chapter;
101	101	73 (g) Convictions or admissions to sufficient facts pursuant to applicable statutes
102	102	74prohibiting cruelty to animals; 5 of 6
103	103	75 (h) Documentary or testimonial evidence of past investigations involving facts and
104	104	76circumstances relating to the care and treatment of any animals; and
105	105	77 (i) Other evidence the court considers to be material or relevant.
106	106	78 (9) If after a hearing the court determines the animal has been neglected, the court may:
107	107	79 (a) Order that the owner or keeper have no further custody of the animal and the animal
108	108	80forfeited to the custody of the enforcing authority or any agency or person the court deems
109	109	81appropriate; or
110	110	82 (b) Order the animal be humanely euthanized, if in the best interest of the animal.
111	111	83 (10) If after a hearing the court determines the animal has not been neglected or subjected
112	112	84to cruel conditions and orders the enforcing authority to return the animal to the animal’s owner
113	113	85or keeper, the order shall provide that the animal in the possession of the enforcement authority
114	114	86be claimed and removed by the owner or keeper within 7 days after the date of the order. If the
115	115	87animal is not removed within 7 days, the animal shall be deemed abandoned by the owner or
116	116	88keeper.
117	117	89 (11) The court’s judgment shall be final and neither party shall have the right to an appeal
118	118	90of the judgment unless there exists a change in circumstance or newly discovered evidence
119	119	91within 10 business days of the final judgment by the court. The appeal shall be in the form of a
120	120	92motion to reconsider to the same justice who presided over the original hearing.
121	121	93 (12) The court may order that other animal(s) that are in the custody of the owner or
122	122	94keeper, not removed or seized by the enforcing authority, be forfeited to the enforcing authority
123	123	95if the court determines that the owner or keeper is unable to humanely care for any such 6 of 6
124	124	96additional animal(s). The court may prohibit such owner or keeper from harboring, owning,
125	125	97possessing, exercising control over, residing with, adopting, or fostering any additional
126	126	98animal(s).
127	127	99 (13) The court, upon proof of costs incurred by the enforcing authority, may require that
128	128	100the owner or keeper pay for the care of the animal while in the custody of the enforcing
129	129	101authority. A separate hearing may be held.
130	130	102 (14) Nothing in this section precludes an enforcing authority from applying for a search
131	131	103warrant to seize the animal pursuant to sections 1 through 7 of chapter 276 and section 83 of
132	132	104chapter 272 and from pursuing criminal charges relating to the animal pursuant to the applicable
133	133	105statutes prohibiting cruelty to animals.