2013 -- H 5494 SUBSTITUTE A

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LC01282/SUB A/2

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY

     

     

     Introduced By: Representatives DeSimone, Ackerman, Lima, Fellela, and Shekarchi

     Date Introduced: February 14, 2013

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 4-1-3 of the General Laws in Chapter 4-1 entitled "Cruelty to

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Animals" is hereby amended to read as follows:

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     4-1-3. Unnecessary cruelty. -- (a) Every owner, possessor, or person having the charge

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or custody of any animal, who cruelly drives or works that animal when unfit for labor, or cruelly

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abandons that animal, or who carries that animal or causes that animal to be carried, in or upon

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any vehicle or otherwise in a cruel or inhuman manner, or who fails to provide that animal with

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adequate living conditions as defined in subsection (c), or willfully, intentionally, maliciously,

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recklessly, and/or knowingly authorizes or permits that animal to be subjected to unnecessary

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torture, suffering or cruelty of any kind, or who places or causes to have placed on any animal

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any substance that may produce irritation or pain, or that is declared a hazardous substance by the

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U.S. food and drug administration or by the state department of health, shall be punished for each

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offense in the manner provided in section 4-1-2.

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      (b) The substances proscribed by subsection (a) do not include any drug having curative

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and therapeutic effect for disease in animals and which is prepared and intended for veterinary

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use.

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     (c) For purposes of this chapter, "adequate living conditions" means a sanitary

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environment which is dry and free of accumulated feces and free of debris and garbage that may

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clutter the environment, pose a danger or entangle the animal. The environment in which the

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animal is kept must be of sufficient size so as not to inhibit comfortable rest, normal posture or

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range of movement, and suitable to maintain the animal in a good state of health.

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     (d) University or college research facilities licensed and/or inspected by the U.S.

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department of agriculture or the U.S. public health service of the department of health and human

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services shall be exempt from the provisions of this act provided that they are in good standing

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with the federal agency responsible for licensing or assurance of the facility.

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     SECTION 2. This act shall take effect upon passage.

     

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LC01282/SUB A/2

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY

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     This act would expand the meaning of unnecessary cruelty to one who willfully,

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intentionally, maliciously, recklessly and/or knowingly authorizes or permits an animal to be

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subjected to unnecessary torture, suffering or cruelty of any kind. This act would also define

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“adequate living conditions”.

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     This act would take effect upon passage.

     

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LC01282/SUB A/2

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H5494A