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SENATE DOCKET, NO. 1398 FILED ON: 1/16/2025
SENATE . . . . . . . . . . . . . . No. 1190
The Commonwealth of Massachusetts
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PRESENTED BY:
Mark C. Montigny
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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 enhancing the issuance of citations for cruel conditions for animals.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Mark C. MontignySecond Bristol and PlymouthJohn F. KeenanNorfolk and Plymouth1/29/2025Michael O. MooreSecond Worcester2/3/2025Michael D. BradySecond Plymouth and Norfolk2/6/2025Jacob R. OliveiraHampden, Hampshire and Worcester2/7/2025James B. EldridgeMiddlesex and Worcester2/10/2025Manny Cruz7th Essex2/12/2025Vanna Howard17th Middlesex2/14/2025Bruce E. TarrFirst Essex and Middlesex2/26/2025Adam J. Scanlon14th Bristol3/4/2025 1 of 3
SENATE DOCKET, NO. 1398 FILED ON: 1/16/2025
SENATE . . . . . . . . . . . . . . No. 1190
By Mr. Montigny, a petition (accompanied by bill, Senate, No. 1190) of Mark C. Montigny, John
F. Keenan, Michael O. Moore, Michael D. Brady and other members of the General Court for
legislation to enhance the issuance of citations for cruel conditions for animals. The Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1059 OF 2023-2024.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act enhancing the issuance of citations for cruel conditions for animals.
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 35WW of chapter 10 of the General Laws, as appearing in the 2022
2Official Edition, is hereby amended by inserting after the figure “62”, in line 17, the following
3words:- , fines collected pursuant to section 37 of chapter 129
4 SECTION 2. Section 37 of chapter 129 of the General Laws, as so appearing, is hereby
5amended by inserting after the fourth sentence the following sentence:- A fine assessed under
6this section shall be deposited into the Homeless Animal Prevention and Care Fund established
7in section 35WW of chapter 10. 2 of 3
8 SECTION 3. Section 174E of chapter 140 of the General Laws, as so appearing, is
9hereby amended by striking subsection (g) and inserting in place thereof the following
10subsection:-
11 (g) No person owning or keeping a domestic animal shall subject the animal to “cruel
12conditions.”
13 For the purposes of this section, a “domestic animal” is all animals, regardless of their
14purpose or use, including livestock, that are kept as a domestic animal.
15 For the purposes of this subsection, "cruel conditions” includes, but is not limited to, the
16following:
17 (1) exposure to excessive animal waste, garbage, non-potable water, excessive noxious
18odors that create a health threat to people or animals, dangerous objects or other animals that
19could injure or kill an animal upon contact, other circumstances that could cause harm to the
20health or safety of the animal based on species, age or physical condition; or failure to provide
21access to appropriate food and water based on the animal’s species, age and physical condition.
22 (2) lack of protection when wind or environmental or weather conditions pose an adverse
23risk to the health or safety of the animal based on the animal’s species, age, or physical
24condition.
25 SECTION 4. Subsection (h) of section 174E of said chapter 140 is hereby amended by
26inserting at the beginning thereof the following:-
27 A person who violates this section shall: (i) for a first offense, be issued a written
28warning or punished by a fine of not more than $50; (ii) for a second offense, be punished by a 3 of 3
29fine of not more than $200; and (iii) for a third or subsequent offense, be punished by a fine of
30not more than $500; provided, however, that for a third or subsequent offense, the animal may be
31subject to impoundment in a local shelter or appropriate facility at the owner's, keeper’s or
32guardian's expense pending compliance with this section, or loss of ownership of the animal.
33 SECTION 5. Section 174E of said chapter 140 is hereby amended by inserting, in line
34100, after the word “special” the following word:- state
35 SECTION 6. Said section 174E of chapter 140 is hereby amended by striking, in line
36102, the word “and” and inserting in place thereof the following:- or
37 SECTION 7. Said section 174E of chapter 140 is hereby amended by inserting the
38following subsection:-
39 (j) Nothing in this section shall preclude prosecution under section 77 of chapter 272.