1 | 1 | | |
---|
2 | 2 | | |
---|
3 | 3 | | |
---|
4 | 4 | | |
---|
5 | 5 | | 2025 -- S 0559 |
---|
6 | 6 | | ======== |
---|
7 | 7 | | LC001233 |
---|
8 | 8 | | ======== |
---|
9 | 9 | | S T A T E O F R H O D E I S L A N D |
---|
10 | 10 | | IN GENERAL ASSEMBLY |
---|
11 | 11 | | JANUARY SESSION, A.D. 2025 |
---|
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: Senators Dimitri, Appollonio, Tikoian, Bissaillon, Patalano, Ciccone, |
---|
17 | 17 | | Burke, Murray, Urso, and Vargas |
---|
18 | 18 | | Date Introduced: February 26, 2025 |
---|
19 | 19 | | Referred To: Senate Judiciary |
---|
20 | 20 | | |
---|
21 | 21 | | |
---|
22 | 22 | | It is enacted by the General Assembly as follows: |
---|
23 | 23 | | SECTION 1. Sections 4-1-2 and 4-1-9 of the General Laws in Chapter 4-1 entitled "Cruelty 1 |
---|
24 | 24 | | to Animals" are hereby amended to read as follows: 2 |
---|
25 | 25 | | 4-1-2. Overwork, mistreatment, or failure to feed animals — Shelter defined. 3 |
---|
26 | 26 | | (a) Whoever overdrives, overloads, drives when overloaded, overworks, tortures, torments, 4 |
---|
27 | 27 | | deprives of necessary sustenance, cruelly beats, mutilates, or cruelly kills, or causes or procures to 5 |
---|
28 | 28 | | be so overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, deprived 6 |
---|
29 | 29 | | of necessary sustenance, cruelly beaten, or mutilated, any animal, and whoever, having the charge 7 |
---|
30 | 30 | | or custody of any animal, either as owner or otherwise, inflicts cruelty upon that animal, or willfully 8 |
---|
31 | 31 | | fails to provide that animal with proper food, drink, shelter, or protection from the weather, shall, 9 |
---|
32 | 32 | | for each offense, be imprisoned not exceeding eleven (11) twelve (12) months, or be fined not less 10 |
---|
33 | 33 | | than fifty dollars ($50.00) nor exceeding five hundred dollars ($500), or both. If the offense 11 |
---|
34 | 34 | | described in this section results in the death of the animal, the person shall be punished in the 12 |
---|
35 | 35 | | manner provided in § 4-1-5. 13 |
---|
36 | 36 | | (b) Any person who has been previously convicted of an offense provided for in chapter 1 14 |
---|
37 | 37 | | of title 4 shall, upon conviction of a second or subsequent violation within a ten-year (10) period, 15 |
---|
38 | 38 | | be imprisoned for a period not exceeding six (6) years, or fined not less than five hundred dollars 16 |
---|
39 | 39 | | ($500) and not exceeding five thousand dollars ($5,000), or both. In addition, every person 17 |
---|
40 | 40 | | convicted under chapter 1 of title 4 of a second or subsequent offense shall be required to serve one 18 |
---|
41 | 41 | | hundred (100) hours of community restitution. The community restitution penalty shall not be 19 |
---|
42 | 42 | | |
---|
43 | 43 | | |
---|
44 | 44 | | LC001233 - Page 2 of 3 |
---|
45 | 45 | | suspended or deferred and is mandatory. 1 |
---|
46 | 46 | | (c) Every owner, possessor, or person having charge of any animal may, upon conviction 2 |
---|
47 | 47 | | of a violation of this section, be ordered to forfeit all rights to ownership of the animal to the animal-3 |
---|
48 | 48 | | control officer of the city or town in which the offense occurred or to a humane society that owns 4 |
---|
49 | 49 | | and operates the shelter that provided the subject animal shelter subsequent to any confiscation of 5 |
---|
50 | 50 | | that animal pursuant to this section. 6 |
---|
51 | 51 | | (d) Shelter means a structure used to house any animal that will provide sufficient 7 |
---|
52 | 52 | | protection from inclement elements for the health and well being of the animal. 8 |
---|
53 | 53 | | 4-1-9. Animal fighting. 9 |
---|
54 | 54 | | Any person who causes or encourages the fighting of any bird, dog, or animal with any 10 |
---|
55 | 55 | | other bird, dog, or animal, or keeps or maintains any place for the fighting of birds, dogs, or animals, 11 |
---|
56 | 56 | | or who knowingly permits, or suffers, any fight to be had on his or her premises or on premises 12 |
---|
57 | 57 | | under his or her control, or makes any bet or lays any wager of any kind upon the result of that 13 |
---|
58 | 58 | | fight, shall be fined not exceeding one thousand dollars ($1,000) or be imprisoned not exceeding 14 |
---|
59 | 59 | | two (2) years, or both, for the first offense, and for a second and any subsequent offense shall be 15 |
---|
60 | 60 | | fined not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) or 16 |
---|
61 | 61 | | be imprisoned not exceeding two (2) five (5) years, or both. In addition, every person convicted of 17 |
---|
62 | 62 | | a first offense shall be required to perform twenty (20) hours of community service. Every person 18 |
---|
63 | 63 | | convicted of a subsequent offense shall be required to perform fifty (50) hours of community 19 |
---|
64 | 64 | | service. The community service penalty shall not be suspended or deferred. 20 |
---|
65 | 65 | | SECTION 2. This act shall take effect upon passage. 21 |
---|
66 | 66 | | ======== |
---|
67 | 67 | | LC001233 |
---|
68 | 68 | | ======== |
---|
69 | 69 | | |
---|
70 | 70 | | |
---|
71 | 71 | | LC001233 - Page 3 of 3 |
---|
72 | 72 | | EXPLANATION |
---|
73 | 73 | | BY THE LEGISLATIVE COUNCIL |
---|
74 | 74 | | OF |
---|
75 | 75 | | A N A C T |
---|
76 | 76 | | RELATING TO ANIMALS AND ANIMAL HUSBANDR Y -- CRUELTY TO ANIMALS |
---|
77 | 77 | | *** |
---|
78 | 78 | | This act would increase the imprisonment penalty for conviction under § 4-1-2 from eleven 1 |
---|
79 | 79 | | (11) months to twelve (12) months. It would also increase the imprisonment penalty from two (2) 2 |
---|
80 | 80 | | to five (5) years for a subsequent conviction under § 4-1-9. In addition to the previous penalties 3 |
---|
81 | 81 | | there shall be mandatory community service. 4 |
---|
82 | 82 | | This act would take effect upon passage. 5 |
---|
83 | 83 | | ======== |
---|
84 | 84 | | LC001233 |
---|
85 | 85 | | ======== |
---|
86 | 86 | | |
---|