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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- CRUELTY TO ANIMALS

     Introduced By: Senators Urso, Ciccone, Dimitri, Tikoian, LaMountain, Pearson, Murray,
DiMario, Sosnowski, Patalano, and Bissaillon

     Date Introduced: February 26, 2025

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 4-1-5 and 4-1-22 of the General Laws in Chapter 4-1 entitled

"Cruelty to Animals" are hereby amended to read as follows:

     4-1-5. Malicious injury to or killing of animals.

     (a) Every person who cuts out the tongue or otherwise dismembers any animal maliciously;

or maliciously kills or wounds any animal; or maliciously administers poison to or exposes any

poisonous substance with intent that the poison shall be taken or swallowed by any animal; or who

maliciously exposes poisoned meat with intent that the poison meat is taken or swallowed by any

wild animal, shall be imprisoned not exceeding five (5) years or be fined not exceeding one

thousand dollars ($1,000) five thousand dollars ($5,000), and shall, in the case of any animal of

another, be liable to the owner of this animal for triple damages, to be recovered by civil action. In

addition, any person convicted under this section is required to serve fifty (50) hours of community

restitution. The community restitution penalty shall not be suspended or deferred and is mandatory.

     (b) This section shall not apply to licensed hunters during hunting season or a licensed

business killing animals for human consumption.

     4-1-22. Care of neglected animals by society — Forfeiture of owner’s rights —

Expenses.

     (a) An animal control officer of a city or town, or 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.

     (b) Every owner or guardian, 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 an animal control officer of a city or town, or an agent

of 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 animal control officer of a city or town, or an 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 city or town animal shelter, or the Society during this time, shall be paid for by the

owner or guardian. The city or town animal shelter, or the Society has the authority to commence

a civil action for damages against the owner or 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 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 city or town animal

shelter, or 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 city

or town animal shelter, or 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 the petition, the court shall cause a summons to be issued requiring

an authorized representative of the city or town animal shelter, or 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,

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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 city or town animal shelter, or the Rhode Island Society for the Prevention of

Cruelty to Animals may petition the court for transfer of ownership of the animal to the city or town

animal shelter, or the Rhode Island Society for the 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. Sections 4-13-13, 4-13-39 and 4-13-42 of the General Laws in Chapter 4-13

entitled "Dogs" are hereby amended to read as follows:

     4-13-13. Wrongful removal of collar — Theft or destruction of licensed dogs —

Poisoning.

     (a) Whoever wrongfully removes the collar from the neck of a dog licensed and collared

according to the provisions of this chapter, or steals a dog licensed or collared, or kills, maims,

entices, carries away, or detains a licensed dog, or distributes or exposes a poisonous substance,

with the intent that the poisonous substance shall be eaten by a licensed dog, shall be punished by

a fine of not less than ten dollars ($10.00) one hundred dollars ($100), nor more than one hundred

dollars ($100) one thousand dollars ($1,000) or be imprisoned not exceeding thirty (30) days, or

both, and shall be liable to the dog’s owner for damages in a civil action.

     (b) Any person who has been previously convicted of an offense provided for in chapter

13 of title 4 shall, upon conviction of a second or subsequent violation within a ten-year (10) period,

be punished by a fine of not less than five hundred dollars ($500) and not exceeding one thousand

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dollars ($1,000) or be imprisoned for a period not exceeding one year, or both. In addition, every

person convicted under chapter 1 of title 4 of a second or subsequent offense shall be required to

serve one hundred (100) hours of community restitution. The community restitution penalty shall

not be suspended or deferred and is mandatory.

     4-13-39. Penalties.

     Any Except where otherwise specified that a violation shall result in a greater penalty, any

person convicted of a violation of this chapter shall be fined fifty dollars ($50) for a first offense

and one hundred dollars ($100) for a second and subsequent offense.

     4-13-42. Care of dogs.

     (a) It shall be a violation of this section for an owner or keeper to:

     (1) Keep any dog on a permanent tether that restricts movement of the tethered dog to an

area less than one hundred thirteen square feet (113 sq. ft.), or less than a six foot (6′) radius at

ground level.

     (2) Tether a dog with a choke-type collar, head collar, or prong-type collar. The weight of

any chain or tether shall not exceed one-eighth (⅛) of the dog’s total body weight.

     (3) Keep any dog tethered for more than ten (10) hours during a twenty-four-hour (24)

period or keep any dog confined in an area or primary enclosure for more than fourteen (14) hours

during any twenty-four-hour (24) period, and more than ten (10) hours during a twenty-four-hour

(24) period, if the area is not greater than that which is required under the most recently adopted

version of the department of environmental management’s rules and regulations governing animal

care facilities.

     (4) Tether a dog anytime from the hours of ten o’clock p.m. (10:00 p.m.) to six o’clock

a.m. (6:00 a.m.), except for a maximum of fifteen (15) minutes.

     (5) Keep any dog outside, either tethered or otherwise confined, when the ambient

temperature is beyond the industry standard for the weather safety scale as set forth in the most

recent adopted version of the Tufts Animal Care and Condition Weather Safety Scale (TACC).

      (b) It shall be a violation of this section for an owner or keeper to fail to provide a dog

with adequate feed, adequate water, or adequate veterinary care as those terms are defined in § 4-

19-2; provided however, that adequate veterinary care may be provided by an owner using

acceptable animal husbandry practices.

     (c) Exposing any dog to adverse weather conditions strictly for the purpose of conditioning

shall be prohibited.

     (d) The provisions of this section, as they relate to the duration and timeframe of tethering

or confinement, shall not apply:

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     (1) If the tethering or confinement is authorized for medical reasons in writing by a

veterinarian licensed in Rhode Island, the authorization is renewed annually, and shelter is

provided;

     (2) If tethering or confinement is authorized in writing by an animal control officer, or duly

sworn police officer assigned to the animal control division, for the purposes of, including, but not

limited to, hunting dogs, dogs protecting livestock, and sled dogs. Written authorization must be

renewed annually. The written authorization issued by an animal control officer or duly sworn

police officer assigned to the animal control division in the political subdivision of the state where

the dogs are kept shall be considered valid in every other political subdivision of the state. The

written authorization issued by an animal control officer or duly sworn police officer assigned to

the animal control division in the political subdivision of the state where the dogs are kept is

revocable by that animal control officer or police officer if there are any conditions present that

warrant revocation. The conditions include, but are not limited to, changes in the number or type

of dogs, changes in the facility structure or safety, and changes in the health of the dog;

     (3) To any entity licensed by the state pursuant to chapter 19 of title 4, or any veterinary

facility; or

     (4) [Deleted by P.L. 2018, ch. 118, § 1 and P.L. 2018, ch. 198, § 1.]

     (5) [Deleted by P.L. 2018, ch. 118, § 1 and P.L. 2018, ch. 198, § 1.]

     (6) To an exhibitor holding a class C license under the Animal Welfare Act (7 U.S.C. §

2133) that are temporarily in the state, if authorized by the department of environmental

management (DEM).

     (7) [Deleted by P.L. 2018, ch. 118, § 1 and P.L. 2018, ch. 198, § 1.]

     (e) Any person in violation of this section shall be imprisoned not exceeding eleven (11)

months, one year, or fined not less than one hundred dollars ($100) nor exceeding one thousand

dollars ($1,000), or both. Each day of violation shall constitute a separate offense. For a second or

subsequent violation the fine shall be not less than one thousand dollars ($1,000), nor more than

five thousand dollars ($5,000) and up to two (2) years imprisonment.

     (f) General Animal control officers of the cities and towns, or general agents or special

agents of the Rhode Island Society for the Prevention of Cruelty to Animals (RISPCA) are hereby

authorized to enforce the provisions of this chapter in cooperation with animal control officers and

the department of environmental management (DEM).

     SECTION 3. 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 allow animal control officers in the cities and towns to lawfully take charge

of and provide adequate care to any animal found abandoned or neglected or hazardously

accumulated and would increase penalties from one thousand dollars ($1,000) to five thousand

dollars ($5,000) for malicious injury to or killing of animals.

     This act would take effect upon passage.

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