2018 -- H 7973

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LC005184

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- SEIZURE OF ANIMALS

BEING CRUELLY TREATED

     

     Introduced By: Representatives Ackerman, Shekarchi, Serpa, Vella-Wilkinson, and
Morin

     Date Introduced: March 16, 2018

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 4 of the General Laws entitled "ANIMALS AND ANIMAL

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HUSBANDRY" is hereby amended by adding thereto the following chapter:

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CHAPTER 1.2

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SEIZURE OF ANIMALS BEING CRUELLY TREATED

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     4-1.2-1. Seizure of animals being cruelly treated.

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     (a) The RI state veterinarian, the general/special agent of the RI Society for the

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Prevention of Cruelty to Animals (RISPCA), or any duly sworn and authorized state or municipal

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law enforcement officer may lawfully take charge and possession of any animal found abandoned

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or neglected or hazardously accumulated as defined in § 4-1-1, or in the opinion of that

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veterinarian, agent or officer is aged, maimed, disabled, lame, sick, diseased, injured, unfit for the

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labor it is performing, or cruelly treated, and may thereupon proceed to provide all necessary care

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and treatment required or take other appropriate action as determined by a licensed veterinarian.

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     (b) Any person authorized to seize an animal pursuant to this section must leave written

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notice on the property where the animal was seized within twenty-four (24) hours of the seizure.

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This notice must be left in a location where it is reasonably likely to be found and must include

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the name, address, telephone number, and signature of the person seizing the animal; the reason

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for seizing the animal; and the location where the seized animal is being kept pending any order

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pursuant to § 4-1.2-3. If the address of the animal owner is known, notification through certified

 

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mail with return receipt requested shall also be provided.

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     4-1.2-2. Notice of hearing.

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     Any authorized person making a seizure may file with a district court which has

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jurisdiction over such matter a verified petition plainly stating such facts as to bring such animal

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within the jurisdiction of the court and praying for appropriate action by the court in accordance

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with the provisions of this chapter. Upon the filing of such petition the court shall cause a

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summons to be issued requiring the owner(s) or person(s) having responsibility for the care of the

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animal, if known, to appear in court at the time and place named, which summons shall be served

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not less than fourteen (14) days before the date of the hearing. If the owner(s) or person(s) having

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responsibility for the care of the animal is not known, notice of the time and place of the hearing

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shall be given by publication in a newspaper having a circulation in the town in which such

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officer took charge of such animal not less than fourteen (14) days before the date of the hearing.

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Such court shall further give notice to the petitioner of the time and place of the hearing not less

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than fourteen (14) days before the date of the hearing.

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     4-1.2-3. Order for temporary care of seized animals.

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     (a) If it appears from the allegations of the petition and other affirmations of fact

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accompanying the petition, or provided subsequent thereto, that there is reasonable cause to find

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that the animal's condition or the circumstances surrounding its care require that its custody be

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immediately assumed to safeguard its welfare, the court shall either:

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     (1) Issue an order to the owner(s) or person(s) having responsibility for the care of the

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animal to show cause at such time as the court may designate why the court shall not vest in some

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suitable state, municipal or other public or private agency or person the animal's temporary care

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and custody pending a hearing on the petition; or

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     (2) Issue an order vesting in some suitable state, municipal or other public or private

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agency or person, the animal's temporary care and custody, pending a hearing on the petition,

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which hearing shall be held within ten (10) days from the issuance of such order on the need for

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such temporary care and custody. The service of such orders may be made by any officer

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authorized by law to serve process, state police officer, indifferent person, or by certified mail

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with return receipt requested if the individual lives out of state.

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     4-1.2-4. Posting of bond.

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     (a) If the court issues an order pursuant to § 4-1.2-3 vesting the animal's temporary care

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and custody in some suitable state, municipal or other public or private agency or person, the

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owner(s) shall either surrender ownership of the animal or post a surety bond or cash bond with

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the agency or person in whom the animal's temporary care and custody was vested. The surety

 

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bond or cash bond shall be in in an amount sufficient to pay the reasonable expenses related to

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necessary veterinary care, shelter, feeding, and board which is reasonably anticipated to be

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incurred by the agency or person having temporary care and custody of the animal during the

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litigation of the process referenced in § 4-1.2-1.

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     (b) The surety bond or cash bond shall cover the expenses for a period as decided by the

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court with subsequent bonds being necessary upon the expiration of the preceding bond until the

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animal is transferred, returned, or otherwise treated pursuant to § 4-1.2-5. Failure to post the

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original or subsequent bonds will result in forfeiture of the seized animals, with disposition as

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provided for pursuant to § 4-1.2-5.

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     4-1.2-5. Disposition of seized animals.

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     (a) If, a seized animal is forfeited or surrendered pursuant to § 4-1.2-4, or after hearing,

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the court finds that the animal is neglected or cruelly treated, it may transfer ownership of the

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animal in any state, municipal or other public or private agency which is permitted by law to care

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for neglected or cruelly treated animals or with any person found to be suitable or worthy of such

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responsibility by the court.

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     (b) If, after hearing, the court finds that the animal is so injured or diseased the court may

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order the animal into the care of a licensed veterinarian to provide the animal with appropriate

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treatment.

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     (c) If, after hearing, the court finds that the animal is not neglected or cruelly treated, it

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may cause the animal to be returned to its owner(s) or person(s) having responsibility for its care

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or, if such owner(s) or person(s) is unknown or unwilling to resume caring for such animal, it

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may transfer ownership of the animal in any state, municipal or other public or private agency or

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person found to be suitable or worthy of such responsibility.

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     (d) If the court renders a final decision under subsection (a) or (b) of this section, the

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agency or person with whom the bond was posted shall return the balance, if any, of such bond to

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the owner(s). The amount of the bond to be returned to the owner(s) shall be calculated by

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dividing the amount of the bond by thirty (30) to establish the daily rate and subtracting the

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number of days less than thirty (30) that such agency or person has not had temporary care and

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custody of the animal.

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     (e) If the court makes a finding pursuant to subsection (c) of this section after the

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issuance of an order of temporary care and custody pursuant to § 4-1.2-3 and the owner(s)of the

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animal has posted a bond pursuant to § 4-1.2-4(b), the agency or person with whom the bond was

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posted shall return all such bond(s) to such owner(s).

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     (f) Unless the court finds that there was no probable cause to institute a complaint that the

 

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animal is not neglected or cruelly treated, the expense incurred by the state or a municipality in

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providing proper food, shelter and care to an animal it has seized pursuant to this chapter and the

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expense incurred by any state, municipal or other public or private agency or person in providing

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temporary care and custody to an animal pursuant to the provisions of this chapter shall be

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determined by calculating the average costs from three (3) providers of the necessary equivalent

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services related to the veterinary care, sheltering, feeding, and board in the state, which was

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provided to the animal.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- SEIZURE OF ANIMALS

BEING CRUELLY TREATED

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     This act would establish a new chapter entitled "seizure of animals being cruelly treated."

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This new chapter would authorize the Rhode Island state veterinarian, the general agent of the

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Rhode Island SPCA, and law enforcement officers to take charge and possession of an animal

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found abandoned or neglected, and to proceed to provide all necessary care and treatment for the

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animal. The act would also authorize the person seizing the animal to file a petition in district

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court pertaining to the permanent custody of the animal. The owner(s) of the animal may then

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either surrender custody of the animal or post a bond to cover the costs of caring for the animal

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while it is in state care, pending resolution of the district court petition.

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     This act would take effect upon passage.

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