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