2014 -- H 7596

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LC004363

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY - CRUELTY TO ANIMALS

     Introduced By: Representative Patricia A.Serpa

     Date Introduced: February 26, 2014

     Referred To: House Judiciary

     (by request)

It is enacted by the General Assembly as follows:

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

amended by adding thereto the following section:

     4-1-42. Animals as victims of crimes.-- (a) The general assembly recognizes that an

animal is not a human being. The general assembly further does not equate the life of an animal

with the life of a human being. Nevertheless, animals are living, breathing, sentient beings. As

such, animals should be treated by agents of the state with dignity, respect, and sensitivity, as has

been previously recognized by the general assembly through the provision or animal advocates in

§ 4-1-31. Further, when an animal is maintained as a pet, neglect, cruelty, and abuse to such

animal can cause injury, pain and suffering not only to the animal but also to those persons who

care for such animal.

     (b) As used in this section, the term "animal" or "companion animal" shall mean family

or individual pets who are members of a family or were members of a family prior to the act of

abuse and cruelty.

     (c) In recognition of the injury, pain, and suffering caused to animals who are subject to

neglect, abuse, and cruelty as set forth in this chapter, as well as the injury, pain, and suffering of

those who care for such animals, the general assembly expands the role of the animal advocates

provided for in § 4-1-31 as follows:

     (1) An animal advocate shall be appointed in judicial cases for all companion animals or

family pets who have been abused, neglected, or otherwise subject to animal cruelty as set forth

in this chapter;

     (2) Animals who are the subject of actions that would be considered felonies if

committed against humans shall have the right to have the alleged perpetrator similarly charged.

Provided, this section shall not apply to livestock or animals maintained for the primary purpose

of providing food for human or other consumption;

     (3) Animal victims shall have an animal advocate speak for the animal's pain and

suffering in a manner similar to a victim's statement, and to make recommendations to a court of

competent jurisdiction for the punishment of the alleged perpetrator, if found guilty; and

     (4) Once an animal advocate has been appointed in a judicial case, the animal advocate

shall be notified of hearings and shall have the right of access to relevant court documents, to

speak before the court, and to otherwise advocate on behalf of the animal as well as persons who

care or cared for such animal.

     (d) The animal advocate shall have the same rights and authority provided for in

subsection (c) of this section in regard to any administrative actions taken before a department or

agency on behalf of an animal for animal abuse, cruelty, or neglect.

     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 expand the powers of the animal advocate in judicial and administrative

cases of animal abuse, neglect, and cruelty.

     This act would take effect upon passage.

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LC004363

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