2024 -- H 7840 SUBSTITUTE A

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LC004642/SUB A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- REGULATION OF VICIOUS

DOGS

     Introduced By: Representatives J. Brien, Serpa, and Noret

     Date Introduced: March 01, 2024

     Referred To: House Municipal Government & Housing

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 4-13.1-5 of the General Laws in Chapter 4-13.1 entitled "Regulation

of Vicious Dogs" is hereby amended to read as follows:

     4-13.1-5. Harboring dogs for dog fighting — Training dogs to attack humans —

Selling, breeding, or buying dogs.

     (a) No person shall own or harbor any dog for the purpose of dog fighting; or train, torment,

badger, bait, or use any dog for the purpose of causing or encouraging the dog to unprovoked

attacks upon human beings or domestic animals.

     (b) No person shall possess with intent to sell, or offer for sale, breed, or buy, or attempt to

buy, within the state any vicious dog that has previously been declared vicious by the vicious dog

panel in accordance with § 4-13.1-11 ("Determination of a vicious dog").

     (c) Any dog described in subsection (a) or (b) of this section lawfully seized by a sheriff,

deputy sheriff, constable, police officer, agent or officer of the Rhode Island Society for the

Prevention of Cruelty to Animals (RISPCA) shall may be placed in the care of the RISPCA

pursuant to the provisions of § 4-1-22 — § 4-1-31.

     (d) The RISPCA shall utilize a timely process to determine the disposition of the dog and

provide for prompt transfer to an appropriate rescue organization or adoptive home with humane

Humane euthanization conducted in accordance with the provisions of § 4-19-12, of a dog

described in subsections (a) or (b) of this section shall occur occurring only if the RISPCA, after

an evaluation, has determined that the dog’s medical and/or behavioral condition warrants such

action euthanasia or it is determined by the sheriff, deputy sheriff, constable, police officer, agent

or officer of the RISPCA having possession of the dog, after reasonable time and effort have been

expended, that no appropriate placement for the dog exists.

     (e) A municipality that transfers a dog seized pursuant to this section into the care of the

RISPCA shall be responsible for the costs incurred by the RISPCA for the care and treatment of

the dog. The cost of the care and treatment billed to the transferring municipality shall be reasonable

and related to equivalent services provided by veterinary care and animal sheltering, feeding, and

boarding services in the state. Notwithstanding the receipt of payment for care and treatment from

a transferring municipality, the RISPCA may proceed pursuant to § 4-1-22(c) to collect the full

cost of care and treatment of any dog that is in its care or custody pursuant to this section and any

amounts recovered shall be applied first to satisfy any outstanding invoices for services provided

that have not previously been paid for with the balance of any amount recovered to be paid to the

transferring municipality.

     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 -- REGULATION OF VICIOUS

DOGS

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     This act would permit euthanization of vicious dogs upon a finding that the dog's medical

condition or behavioral condition warrants euthanasia or after a determination by the sheriff, deputy

sheriff, constable, police officer, or agent of the RISPCA that there is no reasonable placement for

the dog and would provide that any municipality that surrenders a seized dog to the RISPCA shall

be responsible for the reasonable costs of the care and treatment of the dog.

     This act would take effect upon passage.

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