2022 -- H 7678

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LC005142

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- CRUELTY TO ANIMALS

     

     Introduced By: Representative Samuel A. Azzinaro

     Date Introduced: March 02, 2022

     Referred To: House Judiciary

     (by request)

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 4-1 of the General Laws entitled "Cruelty to Animals" is hereby

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amended by adding thereto the following section:

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     4-1-31.1. Appointment of pro bono attorneys and supervised law students.

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     (a) In any prosecution pursuant to chapter 1 of title 4, in any criminal proceeding, or in any

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civil proceeding where the welfare or custody of an animal is at issue, particularly in issues of

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cruelty or abuse, the court may order upon its own initiative or upon the request of any party or

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prosecutor, the appointment of a pro bono attorney or a law student supervised by an academic or

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clinical professor of law, as an advocate appointed to promote the interests of justice.

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     (b) This advocate shall seek input from the office of the state veterinarian and agents of the

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Rhode Island Society for the Prevention of Cruelty to Animals.

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     (c) If a court orders that such an advocate is to be appointed, the court may appoint such

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advocate from a list provided to the court by the Rhode Island department of environmental

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management.

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     (d) The animal advocate(s) appointed pursuant to this section shall make recommendations

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to the court based upon the interests of justice. The animal advocate shall also:

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     (1) Monitor the case from the time of their appointment until the resolution of the matter;

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     (2) Consult with any individual with information that could aid the judge or another fact

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finder;

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     (3) Review records relating to the condition of the animal and the defendant's actions,

 

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including, but not limited to, records from animal control officers, police officers, and veterinarians;

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     (4) Have the right to participate in all hearings, conferences, correspondences and plea

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bargaining sessions in any given case; and

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     (5) Present relevant information and recommendations to the court relevant to the

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resolution of the matter that serves the interests of justice.

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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 -- CRUELTY TO ANIMALS

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     This act would provide that a civil or criminal court may, at their discretion, authorize the

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appointment of pro bono attorneys and supervised law students from a list maintained by the state

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department of environmental management, to act as animal advocates in animal cruelty and abuse

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cases.

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     This act would take effect upon passage.

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