Rhode Island 2023 Regular Session

Rhode Island House Bill H5919 Compare Versions

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

Old	New	Differences
1	1
2	2
3	3
4	4
5	5	2023 -- H 5919
6	6	========
7	7	LC002204
8	8	========
9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- CRUELTY TO ANIMALS
16	16	Introduced By: Representatives Baginski, Casimiro, and Serpa
17	17	Date Introduced: March 01, 2023
18	18	Referred To: House Judiciary
19	19
20	20
21	21	It is enacted by the General Assembly as follows:
22	22	SECTION 1. Sections 4-1-3, 4-1-5 and 4-1-26 of the General Laws in Chapter 4-1 entitled 1
23	23	"Cruelty to Animals" are hereby amended to read as follows: 2
24	24	4-1-3. Unnecessary cruelty. 3
25	25	(a) Every owner, possessor, or person having the charge or custody of any animal, who 4
26	26	cruelly drives or works that animal when unfit for labor, or cruelly abandons that animal, or who 5
27	27	carries that animal or who fails to provide that animal with adequate living conditions as defined 6
28	28	in § 4-1-1, or who engages in the hazardous accumulation of animals as defined in § 4-1-1, or 7
29	29	causes that animal, to be carried, in or upon any vehicle or otherwise, in a cruel or inhuman manner; 8
30	30	or willfully, intentionally, maliciously, recklessly, and/or knowingly authorizes or permits that 9
31	31	animal to be subjected to unnecessary torture, suffering, or cruelty of any kind; or who places, or 10
32	32	causes to have placed, on any animal any substance that may produce irritation or pain or that is 11
33	33	declared a hazardous substance by the U.S. Food and Drug Administration or by the state 12
34	34	department of health, shall be punished for each offense in the manner provided in § 4-1-2. If the 13
35	35	offense described in this section results in the death of the animal, the person shall be punished in 14
36	36	the manner provided in § 4-1-5. If any owner, possessor, or person having the charge or custody of 15
37	37	any animal is found guilty of or pleads nolo contendere to a violation of this section and said 16
38	38	violation involves the hazardous accumulation of animals, the court shall, in imposing a penalty 17
39	39	under this section, take into account whether the defendant’s conduct could be considered to be the 18
40	40	result of a mental health disorder as defined in § 27-38.2-2. 19
41	41
42	42
43	43	LC002204 - Page 2 of 5
44	44	(b) The substances proscribed by subsection (a) do not include any drug having curative 1
45	45	and therapeutic effect for disease in animals and that is prepared and intended for veterinary use. 2
46	46	(c) University, college, or hospital research facilities licensed and/or inspected by the U.S. 3
47	47	Department of Agriculture or the U.S. Public Health Service of the Department of Health and 4
48	48	Human Services shall be exempt from the provisions of subsection (a) provided that they are in 5
49	49	good standing with the federal agency responsible for licensing or assurance of the facility. 6
50	50	(d) Where the provisions of chapter 29 of title 12 the ("domestic violence prevention act") 7
51	51	are applicable, the penalties for violation of this section shall also include the penalties provided in 8
52	52	§ 12-29-5. 9
53	53	4-1-5. Malicious injury to or killing of animals. 10
54	54	(a) Every person who cuts out the tongue or otherwise dismembers any animal maliciously; 11
55	55	or maliciously kills or wounds any animal; or maliciously administers poison to or exposes any 12
56	56	poisonous substance with intent that the poison shall be taken or swallowed by any animal; or who 13
57	57	maliciously exposes poisoned meat with intent that the poison meat is taken or swallowed by any 14
58	58	wild animal, shall be imprisoned not exceeding five (5) years or be fined not exceeding one 15
59	59	thousand dollars ($1,000), and shall, in the case of any animal of another, be liable to the owner of 16
60	60	this animal for triple damages, to be recovered by civil action. In addition, any person convicted 17
61	61	under this section is required to serve fifty (50) hours of community restitution. The community 18
62	62	restitution penalty shall not be suspended or deferred and is mandatory. 19
63	63	(b) This section shall not apply to licensed hunters during hunting season or a licensed 20
64	64	business killing animals for human consumption. 21
65	65	(c) Where the provisions of chapter 29 of title 12 the ("domestic violence prevention act") 22
66	66	are applicable, the penalties for violation of this section shall also include the penalties provided in 23
67	67	§ 12-29-5. 24
68	68	4-1-26. Abandonment of animals. 25
69	69	(a) If any person having possession and/or control of an animal abandons that animal on a 26
70	70	street, road, highway or in a public place or on private property or from a motor vehicle, or in a 27
71	71	dwelling or any other building or structure without providing for the care of that animal, he or she 28
72	72	shall be punished in the manner provided in § 4-1-2 for each such offense. If this abandonment 29
73	73	results in the death of the animal, the person shall be punished in the manner provided in § 4-1-5. 30
74	74	Abandonment means the relinquishment of all right, title, claim, or possession of the animal with 31
75	75	the intention of not reclaiming it or resuming its ownership or possession. 32
76	76	(b) Any pound or animal shelter as defined under § 4-19-2, shall deem abandoned any 33
77	77	animal impounded and not redeemed by its owner within ten (10) days of impoundment if such 34
78	78
79	79
80	80	LC002204 - Page 3 of 5
81	81	animal is wearing identification. Any animal impounded and not wearing identification shall be 1
82	82	deemed abandoned if not redeemed by its owner within five (5) days of impoundment. Any animal 2
83	83	deemed abandoned shall become the property of the impounding agency and may be adopted. 3
84	84	(c) Any pound or animal shelter shall make a prompt and reasonable attempt to locate and 4
85	85	notify the owner of the impounded animal, including scanning the animal for a microchip. 5
86	86	(d) Where the provisions of chapter 29 of title 12 the ("domestic violence prevention act") 6
87	87	are applicable, the penalties for violation of this section shall also include the penalties provided in 7
88	88	§ 12-29-5. 8
89	89	SECTION 2. Section 12-29-2 of the General Laws in Chapter 12-29 entitled "Domestic 9
90	90	Violence Prevention Act" is hereby amended to read as follows: 10
91	91	12-29-2. Definitions. 11
92	92	(a) “Domestic violence” includes, but is not limited to, any of the following crimes when 12
93	93	committed by one family or household member against another or against property of another: 13
94	94	(1) Simple assault (§ 11-5-3); 14
95	95	(2) Felony assaults (chapter 5 of title 11); 15
96	96	(3) Vandalism (§ 11-44-1); 16
97	97	(4) Disorderly conduct (§ 11-45-1); 17
98	98	(5) Trespass (§ 11-44-26); 18
99	99	(6) Kidnapping (§ 11-26-1); 19
100	100	(7) Child-snatching (§ 11-26-1.1); 20
101	101	(8) Sexual assault (§§ 11-37-2, 11-37-4); 21
102	102	(9) Homicide (§§ 11-23-1 and 11-23-3); 22
103	103	(10) Violation of the provisions of a protective order entered pursuant to § 15-5-19, chapter 23
104	104	15 of title 15, or chapter 8.1 of title 8 where the respondent has knowledge of the order and the 24
105	105	penalty for its violation, or a violation of a no contact order issued pursuant to § 12-29-4; 25
106	106	(11) Stalking (chapter 59 of title 11); 26
107	107	(12) Refusal to relinquish or to damage or to obstruct a telephone (§ 11-35-14); 27
108	108	(13) Burglary and Unlawful Entry (chapter 8 of title 11); 28
109	109	(14) Arson (chapter 4 of title 11); 29
110	110	(15) Cyberstalking and cyberharassment (§ 11-52-4.2); 30
111	111	(16) Domestic assault by strangulation § 11-5-2.3; and 31
112	112	(17) Electronic tracking of motor vehicles (§ 11-69-1); 32
113	113	(18) Unnecessary cruelty (§ 4-1-3); 33
114	114	(19) Malicious injury to or killing of animals (§ 4-1-5); and 34
115	115
116	116
117	117	LC002204 - Page 4 of 5
118	118	(20) Abandonment of animals (§ 4-1-26). 1
119	119	(b) “Family or household member” means spouses, former spouses, adult persons related 2
120	120	by blood or marriage, adult persons who are presently residing together or who have resided 3
121	121	together in the past three (3) years, and persons who have a child in common regardless of whether 4
122	122	they have been married or have lived together, or persons who are, or have been, in a substantive 5
123	123	dating or engagement relationship within the past one year which shall be determined by the court’s 6
124	124	consideration of the following factors: 7
125	125	(1) The length of time of the relationship; 8
126	126	(2) The type of the relationship; 9
127	127	(3) The frequency of the interaction between the parties. 10
128	128	(c) “Protective order” means an order issued pursuant to § 15-5-19, chapter 15 of title 15, 11
129	129	or chapter 8.1 of title 8. 12
130	130	(d) “Victim” means a family or household member who has been subjected to domestic 13
131	131	violence. 14
132	132	SECTION 3. This act shall take effect upon passage. 15
133	133	========
134	134	LC002204
135	135	========
136	136
137	137
138	138	LC002204 - Page 5 of 5
139	139	EXPLANATION
140	140	BY THE LEGISLATIVE COUNCIL
141	141	OF
142	142	A N A C T
143	143	RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- CRUELTY TO ANIMALS
144	144	***
145	145	This act would provide that any conviction of unnecessary cruelty to animals, malicious 1
146	146	injury or killing of animals, or abandonment of animals also carries the appropriate penalties 2
147	147	pursuant to the domestic violence prevention act, where applicable. 3
148	148	This act would take effect upon passage. 4
149	149	========
150	150	LC002204
151	151	========