| Chapter 431 |
| 2022 -- H 8303 Enacted 06/30/2022 |
| A N A C T |
| RELATING TO ANIMALS AND ANIMAL HUSBANDRY - CRUELTY TO ANIMALS |
Introduced By: Representatives O'Brien, Slater, Corvese, Craven, McEntee, Baginski, Noret, Solomon, Phillips, and Hull |
| Date Introduced: June 01, 2022 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 4-1-22 of the General Laws in Chapter 4-1 entitled "Cruelty to |
| Animals" is hereby amended to read as follows: |
| 4-1-22. Care of neglected animals by society -- Forfeiture of owner's rights -- |
| Expenses. |
| (a) An officer or agent of the Rhode Island Society for the Prevention of Cruelty to Animals |
| may lawfully take charge of and shall provide adequate care to any animal found abandoned or |
| neglected or hazardously accumulated as defined in § 4-1-1, or that in the opinion of that officer or |
| agent, is aged, maimed, disabled, lame, sick, diseased, injured, unfit for the labor it is performing, |
| or cruelly treated, and shall give notice to the owner or guardian, if known, or his or her agents, and |
| may provide suitable care. |
| (b) Every owner or guardian or agent, upon conviction, plea of guilty, or plea of nolo |
| contendere, of abandonment, neglect, hazardous accumulation as defined in § 4-1-1, or otherwise |
| cruel treatment of any animal taken charge of by the Rhode Island Society for the Prevention of |
| Cruelty to Animals under this section, forfeits the rights to ownership or control of that animal to |
| the Society for disposition in any manner deemed suitable for that animal. |
| (c) Whenever any officer or agent of the Rhode Island Society for the Prevention of Cruelty |
| to Animals lawfully takes charge of any animal under this section, all reasonable expenses for the |
| care and treatment of the animal(s), while in the custody of the Society during this time, shall be |
| paid for by the owner, or guardian, or his or her agent upon conviction, plea of guilty, or plea of |
| nolo contendere. The Society has the authority to commence a civil action for damages against the |
| owner or his or her agent guardian thirty (30) days after a written demand for payment of the |
| expense of the suitable care of that animal has been sent and no payment has been received. The |
| written demand shall state that the failure to pay or make arrangements to pay for the care of that |
| animal may result in forfeiture of ownership of the animal. The cost of such the care and treatment |
| that is billed to the owner or guardian shall be reasonable and related to equivalent services provided |
| by veterinary care and animal sheltering, feeding, and boarding services in this state. |
| (d) The owner or guardian of any animal that is in the charge of the Rhode Island Society |
| for the Prevention of Cruelty to Animals pursuant to the authority granted in this section may, |
| within sixty (60) days following the date that the society gives notice of the taking of possession of |
| the animal, petition the district court for an order to return custody of the animal to the owner or |
| guardian. |
| (e) Upon the filing of such the petition, the court shall cause a summons to be issued |
| requiring an authorized representative of the Society for the Prevention of Cruelty to Animals to |
| appear in court at the time and place named, which summons shall be served not less than fourteen |
| (14) days before the date of the hearing. |
| (f) At the hearing on the petition, the court shall consider: |
| (1) The animal’s condition; |
| (2) The care required to maintain the animal safely and in an appropriate environment; and |
| (3) The ability of the petitioner to provide or arrange for the adequate care of the animal, |
| including during the time any criminal charges related to or arising from the seizure are pending. |
| (g) If, after hearing, the court finds that the owner or guardian of the animal has the ability |
| to properly care for or arrange for the adequate care of the animal during the pendency of the |
| criminal charges, the court may allow the owner or guardian of the animal to have or arrange for |
| the adequate care, custody, and control of the animal pending the final determination of the related |
| criminal charges subject to such restrictions and conditions as the court determines to be reasonable |
| or necessary. |
| (h) All issues will be decided upon a preponderance of the evidence. |
| (i) In the event that the court orders an animal returned to the owner or guardian following |
| the hearing, the owner or guardian will not be required to pay for the cost of care incurred prior to |
| the date of the hearing unless and until such time as there has been a conviction, plea of guilty, or |
| plea of nolo contendere, of abandonment, neglect, hazardous accumulation as defined in § 4-1-1, |
| or otherwise cruel treatment in the related criminal proceeding. |
| (j) In the event that the owner or guardian fails to petition for custody of the animal within |
| sixty (60) days of notice of the taking or fails to pay within sixty (60) days of the written demand |
| for payment, the Rhode Island Society for Prevention of Cruelty to Animals may petition the court |
| for transfer of ownership of the animal to the Rhode Island Society for Prevention of Cruelty to |
| Animals. If the owner or guardian fails to respond to the petition for transfer of ownership the court |
| shall transfer ownership to the society. |
| SECTION 2. This act shall take effect upon passage. |
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| LC006043 |
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