Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2342 Compare Versions

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

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2856 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2342
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Mark D. Sylvia
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 dangerous dogs.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Mark D. Sylvia10th Bristol1/16/2025Dr. Angela Jasper McManus1/16/2025Mark C. MontignySecond Bristol and Plymouth1/22/2025Richard G. Wells, Jr.7th Norfolk2/4/2025James K. Hawkins2nd Bristol2/13/2025Tara T. Hong18th Middlesex2/13/2025Brian M. Ashe2nd Hampden2/13/2025Vanna Howard17th Middlesex2/25/2025David Henry Argosky LeBoeuf17th Worcester3/4/2025Adam J. Scanlon14th Bristol3/6/2025 1 of 9
16	16	HOUSE DOCKET, NO. 2856 FILED ON: 1/16/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 2342
18	18	By Representative Sylvia of Fairhaven, a petition (accompanied by bill, House, No. 2342) of
19	19	Mark D. Sylvia and others relative to dangerous dogs. Municipalities and Regional Government.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Fourth General Court
23	23	(2025-2026)
24	24	_______________
25	25	An Act relative to dangerous dogs.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 SECTION 1. Section 157 of chapter 140 of the General Laws, as appearing in the 2022
29	29	2Official Edition, is hereby amended by inserting in subsection (a), in line 26, the following
30	30	3paragraph:-
31	31	4 If a hearing authority, as defined in section 136A of this chapter, seeks that a dog be
32	32	5impounded pending the public hearing following: (i) a complaint for a dangerous dog or (ii) a
33	33	6notice of violation that a dog is being kept in violation of this section or in violation of an order
34	34	7issued under this section by a hearing authority or a court, the hearing authority shall file a
35	35	8petition in the district court to request an order of impoundment at a facility the municipality uses
36	36	9to shelter animals. Should the hearing authority seek to impound any dog, who has bitten and
37	37	10broken the skin of a human or animal, for any length of time beyond any state mandated
38	38	11quarantine period, an order of impoundment must be requested. A municipality shall not incur
39	39	12liability for failure to request impoundment of a dog under this subsection. A justice of a district
40	40	13court, upon probable cause to believe that a dog is a dangerous dog or that a dog is being kept in 2 of 9
41	41	14violation of this section or in violation of an order issued under this section by a hearing
42	42	15authority or a court, may issue an order:
43	43	16 (i) of restraint;
44	44	17 (ii) of confinement of the dog as considered necessary for the safety of other animals and
45	45	18the public; provided, however, that if an order of confinement is issued, the person to whom the
46	46	19order is issued shall confine the dog in accordance with clause (ii) of subsection (d);
47	47	20 (iii) of impoundment in a humane place of detention that the municipality uses to shelter
48	48	21animals; or
49	49	22 (iv) any other action as the court deems necessary to protect other animals and the public
50	50	23from the dog.
51	51	24 SECTION 2. Section 157 of chapter 140 of the General Laws is hereby further amended
52	52	25by inserting, in line 27, after the word "complaint” the following words:- and of any violations of
53	53	26orders issued under this section
54	54	27 SECTION 3. Section 157 of chapter 140 of the General Laws is hereby further amended
55	55	28by striking out the words “or a dangerous dog” and inserting in place thereof the following
56	56	29words:- , a dangerous dog or whether a violation of an order issued under this section has been
57	57	30found
58	58	31 SECTION 4. Section 157 of chapter 140 of the General Laws hereby further amended in
59	59	32subsection (a)(4), in line 29, by inserting after the first sentence of the second paragraph, the
60	60	33following 3 sentences:- 3 of 9
61	61	34 If the biting dog has broken skin of a human or domestic animal, then an animal control
62	62	35officer, police officer, or hearing authority may order the dog, while outside of an enclosed
63	63	36structure, be leashed and wear a humane basket or basket-type muzzle until the hearing. The
64	64	37hearing authority shall hold the public hearing within 30 days of the complaint after adequate
65	65	38notice, unless continued by agreement of both parties. Failure to provide such notice shall result
66	66	39in a dismissal with prejudice.
67	67	40 SECTION 5. Section 157 of chapter 140 of the General Laws is hereby further amended
68	68	41by inserting, in line 30, after the word "hearing,” the following words:- for a complaint, which
69	69	42shall be limited to the issues in the hearing notice
70	70	43 SECTION 6. Section 157 of chapter 140 of the General Laws is hereby further amended
71	71	44by inserting at the end of the second paragraph, in line 35, following sentence:- Based on
72	72	45credible evidence and testimony presented at the public hearing for a violation, which shall be
73	73	46limited to the issues in the violation notice, the hearing authority shall: (i) dismiss the violation;
74	74	47or (ii) make a finding that the violation has occurred. Following a finding that a violation has
75	75	48occurred, the hearing authority may order additional requirements pursuant to subsections (b)
76	76	49and (c) of this section.
77	77	50 SECTION 7. Subsection (c) of section 157 of chapter 140 of the General Laws is hereby
78	78	51further amended by striking out the entirety of subsection (c)(ii) and inserting in place thereof the
79	79	52following subsection-
80	80	53 (ii) that the dog be confined to the premises of the keeper of the dog; provided, however,
81	81	54that ''confined'' shall mean securely confined indoors or confined outdoors; a dog confined
82	82	55outdoors must be kept in a fenced-in area that includes an egress to the indoors and a locked gate 4 of 9
83	83	56and is surrounded with at least a 6-foot high fence with a privacy barrier, or in a securely
84	84	57enclosed and locked pen; the owner or keeper shall ensure that the dog cannot escape by digging
85	85	58and that no natural or artificial items near the edges of the fenced-in area or locked pen would
86	86	59permit a dog to jump or climb over the fence or pen; the dog must be able to move freely and the
87	87	60dog’s food must be able to be placed eight feet from where the dog can urinate or defecate,
88	88	61provided such excretions shall be removed daily; and provided further that within the confines of
89	89	62such pen or dog run, a dog house or proper shelter from the elements shall be provided to protect
90	90	63the dog;
91	91	64 SECTION 8. Section 157 of chapter 140 of the General Laws is hereby further amended
92	92	65by inserting in subsection (c)(iii), in line 58, after the word "muzzle” the following words:- with
93	93	66a basket or basket-type muzzle
94	94	67 SECTION 9. Section 157 of chapter 140 of the General Laws is hereby further amended
95	95	68by striking, in line 82, the word “or” and inserting in place thereof the following:-
96	96	69 (vii) that the owner or keeper of the dog consults with a veterinarian, behaviorist, or
97	97	70trainer to develop a public safety and behavior modification plan that exclusively employs
98	98	71evidence-based training techniques that do not result in pain, discomfort, fear or anxiety;
99	99	72provided that electric, prong or choke collars shall not be used as part of this modification plan;
100	100	73further all professionals involved in said modification plan shall be educated in and employ
101	101	74methods that adhere to the principles of the American Veterinary Society of Animal Behavior
102	102	75and the American College of Veterinary Behaviorists; or 5 of 9
103	103	76 SECTION 10. Section 157 of chapter 140 of the General Laws is hereby amended by
104	104	77striking out in subsection (c), in line 83, the number “(vii)” and inserting in place thereof the
105	105	78following number:- (viii)
106	106	79 SECTION 11. Section 157 of chapter 140 of the General Laws is hereby further amended
107	107	80by inserting, in line 84, before the word “No”, the following figure:- (d)
108	108	81 SECTION 12. Section 157 of chapter 140 of the General Laws is hereby further amended
109	109	82by inserting, in line 85, after the word "removed” the following words:- or excluded
110	110	83 SECTION 13. Section 157 of chapter 140 of the General Laws is hereby further amended
111	111	84by inserting, in line 88, the following subsection:- (e) Once the complaint has been filed and the
112	112	85owner or keeper notified, the owner or keeper shall not transfer ownership of the dog.
113	113	86 SECTION 14. Section 157 of chapter 140 of the General Laws is hereby further amended
114	114	87by striking, in line 88, the figure “(d)” and inserting in place thereof the following figure:- (f)
115	115	88 SECTION 15. Section 157 of chapter 140 of the General Laws is hereby further amended
116	116	89by striking, in line 88, the word “an” and inserting in place thereof the following words:- receipt
117	117	90of a written
118	118	91 SECTION 16. Section 157 of chapter 140 of the General Laws is hereby further amended
119	119	92by striking, in line 89, the word "inclusive” and by inserting the following words:- inclusive, or
120	120	93(j)
121	121	94 SECTION 17. Section 157 of chapter 140 of the General Laws is hereby further amended
122	122	95by striking, in line 89, the word “a” and inserting in place thereof the following word:- the 6 of 9
123	123	96 SECTION 18. Section 157 of chapter 140 of the General Laws is hereby further amended
124	124	97by inserting, in line 89, after the word "dog” the following words:- or the complainant
125	125	98 SECTION 19. Section 157 of chapter 140 of the General Laws is hereby further amended
126	126	99by inserting, in line 95, after the word "affirm” the following words:- or otherwise resolve
127	127	100 SECTION 20. Section 157 of chapter 140 of the General Laws is hereby further amended
128	128	101by striking, in line 97, the word “A” and inserting in place thereof the following word:- Either
129	129	102 SECTION 21. Section 157 of chapter 140 of the General Laws is hereby further amended
130	130	103by striking, in line 99, the word "court” and inserting in place thereof the following:- court,
131	131	104provided such request must be made within 10 days after receipt of the written decision of the
132	132	105magistrate
133	133	106 SECTION 22. Section 157 of chapter 140 of the General Laws is hereby further amended
134	134	107by striking, in line 100, the figure “(e)” and inserting in place thereof the following figure:- (g)
135	135	108 SECTION 23. Section 157 of chapter 140 of the General Laws is hereby further amended
136	136	109by striking, in line 100, the number “(1)”.
137	137	110 SECTION 24. Section 157 of chapter 140 of the General Laws is hereby further amended
138	138	111by striking, in line 100, the phrase “an owner or keeper” and inserting in place thereof the
139	139	112following words:- either party
140	140	113 SECTION 25. Section 157 of chapter 140 of the General Laws is hereby further amended
141	141	114by striking, in line 101, the figure “(d)” and inserting in place thereof the following figure: - (f)
142	142	115 SECTION 26. Section 157 of chapter 140 of the General Laws is hereby further amended
143	143	116by striking, in line 106, the number “(2)”. 7 of 9
144	144	117 SECTION 27. Section 157 of chapter 140 of the General Laws is hereby further amended
145	145	118by striking, in line 118, the figure “(f)” and inserting in place thereof the following figure: - (h)
146	146	119 SECTION 28. Section 157 of chapter 140 of the General Laws is hereby further amended
147	147	120by striking, in line 119, the figure “(d)” and inserting in place thereof the following figure: - (f)
148	148	121 SECTION 29. Section 157 of chapter 140 of the General Laws is hereby further amended
149	149	122by inserting, in line 124, after the word "parties” the following words:- except for the provisions
150	150	123outlined in section 4 of chapter 249
151	151	124 SECTION 30. Section 157 of chapter 140 of the General Laws is hereby further amended
152	152	125by striking, in line 125, the figure “(g)” and inserting in place thereof the following figure:- (i)
153	153	126 SECTION 31. Section 157 of chapter 140 of the General Laws is hereby further amended
154	154	127by striking, in line 144, the figure “(h)” and inserting in place thereof the following figure: - (j)
155	155	128 SECTION 32. Section 157 of chapter 140 of the General Laws is hereby further amended
156	156	129by inserting, in line 145, after the word "section,” the following words:- after obtaining a court
157	157	130order,
158	158	131 SECTION 33. Section 157 of chapter 140 of the General Laws is hereby further amended
159	159	132by inserting, in line 146, after the word "officer” the following words:- pursuant to section 158 of
160	160	133chapter 140
161	161	134 SECTION 34. Section 157 of chapter 140 of the General Laws is hereby further amended
162	162	135by inserting, in line 146, after the word "the” the following words:- owner or
163	163	136 SECTION 35. Section 157 of chapter 140 of the General Laws is hereby further amended
164	164	137by inserting, in line 149, after the word "seizure” the following words:- in writing 8 of 9
165	165	138 SECTION 36. Section 157 of chapter 140 of the General Laws is hereby further amended
166	166	139by inserting, in line 149, after the word "such” the following words:- written
167	167	140 SECTION 37. Section 157 of chapter 140 of the General Laws is hereby further amended
168	168	141by inserting, in line 150, after the word "authority” the following words:- for a public hearing
169	169	142 SECTION 38. Section 157 of chapter 140 of the General Laws is hereby further amended
170	170	143by striking, in line 151, the words “shall” and inserting in place thereof the following words:-
171	171	144may
172	172	145 SECTION 39. Section 157 of chapter 140 of the General Laws is hereby further amended
173	173	146by striking, in line 152, the words “in the person’s possession” and inserting in place thereof the
174	174	147following words:- of the dog that is the subject of the violation
175	175	148 SECTION 40. Section 157 of chapter 140 of the General Laws is hereby further amended
176	176	149by striking, in line 153, the word “shall” and inserting in place thereof the following word:- may
177	177	150 SECTION 41. Section 157 of chapter 140 of the General Laws is hereby further amended
178	178	151in subsection (h) by striking the last sentence.
179	179	152 SECTION 42. Section 157 of chapter 140 of the General Laws is hereby further amended
180	180	153by striking subsection (i).
181	181	154 SECTION 43. Section 157 of chapter 140 of the General Laws is hereby further amended
182	182	155by inserting the following new subsection:-
183	183	156 (k) A hearing authority that determines that a dog is dangerous or a nuisance or that a dog
184	184	157owner or keeper has violated an order issued under this section shall report such violations to the 9 of 9
185	185	158issuing licensing authority within 30 days. Orders issued by a hearing authority shall be valid
186	186	159throughout the commonwealth unless overturned under subsection (f) or (h).