House Bill #7080 (2022)

AN ACT RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- CRUELTY TO ANIMALS

Provides that the trapping and subsequent release of any unowned feral or free roaming cat for the purpose of spaying or neutering of the cat shall not be considered abandonment.

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Changes since original draft

  • 2022 – H 7080
  • 2022 – H 7080 SUBSTITUTE A
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  • LC003683
  • LC003683/SUB A/2
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  • S T A T E O F R H O D E I S L A N D
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2022
  • ____________
  • A N A C T
  • S TATE OF RHODE IS L AND
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2022
  • ____________
  • A N A C T
  • RELATING TO ANIMALS AND ANIMAL HUSBANDRY – CRUELTY TO ANIMALS
  • Introduced By: Representatives Edwards, Serpa, Bennett, Solomon, C Lima, Kazarian,
  • Casimiro, Baginski, and Alzate
  • Date Introduced: January 12, 2022
  • Referred To: House Health & Human Services
  • It is enacted by the General Assembly as follows:
  • It is enacted by the GeneralAssembly as follows:
  • SECTION 1. Section 4-1-26 of the General Laws in Chapter 4-1 entitled "Cruelty to Animals" is hereby amended to read as follows:
  • 4-1-26. Abandonment of animals.
  • (a) If any person having possession and/or control of an animal abandons that animal on a street, road, highway or in a public place or on private property or from a motor vehicle, or in a dwelling or any other building or structure without providing for the care of that animal, he or she shall be punished in the manner provided in § 4-1-2 for each such offense. If this abandonment results in the death of the animal, the person shall be punished in the manner provided in § 4-1-5. Abandonment means the relinquishment of all right, title, claim, or possession of the animal with the intention of not reclaiming it or resuming its ownership or possession.
  • (b) Any pound or animal shelter as defined under § 4-19-2, shall deem abandoned any animal impounded and not redeemed by its owner within ten (10) days of impoundment if such animal is wearing identification. Any animal impounded and not wearing identification shall be deemed abandoned if not redeemed by its owner within five (5) days of impoundment. Any animal deemed abandoned shall become the property of the impounding agency and may be adopted.
  • (c) Any pound or animal shelter shall make a prompt and reasonable attempt to locate and notify the owner of the impounded animal, including scanning the animal for a microchip.
  • (d) It shall not be considered abandonment, and the provisions of subsection (a) of this section shall not apply to any person who traps unowned feral or free roaming cats, causes those cats to be spayed or neutered, and subsequently releases those cats, provided:
  • (1)Anymedicalorsurgicalproceduresperformedonthosecatsareperformed byalicensed veterinarian;
  • (2) The cats are returned to the property where they were trapped; and
  • (3) If the cats were trapped on private property and the person who is entering the private property with written permission from a person with authority to grant such permission for the purpose of trapping cats.
  • SECTION 2. Section4-24-8 of the General Lawsin Chapter 4-24 entitled"Permit Program for Cats" is hereby amended to read as follows:
  • 4-24-8. Abandonment of cats.
  • If any cat is abandoned by their owner or any person having charge or custody of that cat, that person shall, for each offense be punished in the manner provided in § 4-1-2, notwithstanding the provisions of § 4-1-26(a).
  • SECTION 3. This act shall take effect upon passage.
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  • LC003683
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  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO ANIMALS AND ANIMAL HUSBANDRY – CRUELTY TO ANIMALS
  • (a) If any person having possession and/or control of ananimal abandons that animal on a street, road, highway or in a public place or on private property or from a motor vehicle, or in a dwelling or any other building or structure without providing for the care of that animal, he or she shall be punished in the manner provided in § 4-1-2 for each such offense. If this abandonment results in the deathof the animal, the person shall be punished in the manner provided in § 4-1-5. Abandonment means the relinquishment of all right, title, claim, or possession of the animal with the intention of not reclaiming it or resuming its ownership or possession.
  • (b) Any pound or animal shelter as defined under § 4-19-2, shall deem abandoned any animal impounded and not redeemed by its owner within ten (10) days of impoundment if such animal is wearing identification. Any animal impounded and not wearing identification shall be deemedabandoned if not redeemedby its owner within five (5) days of impoundment. Anyanimal deemed abandoned shall become the property of the impounding agency and may be adopted.
  • (c) Any pound or animal shelter shall make a prompt and reasonable attemptto locate and notify the owner of the impounded animal, including scanning the animal for a microchip.
  • (d) It shall not be considered abandonment, and the provisions of subsection (a) of this section andof § 4-24-8 shall not apply to anypersonwho traps unowned feralor free roaming cats, causes those cats to be spayed or neutered, and subsequently releases those cats, provided:
  • (1) Anymedicalor surgicalproceduresperformedon thosecatsareperformedbya licensed veterinarian; and
  • (2) The cats are returned to the property where they were trapped.
  • SECTION 2. This act shalltake effect upon passage. ======== LC003683/SUB A/2 ========
  • LC003683/SUB A/2 - Page 2of 3
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO ANIMALS AND ANIMAL HUSBANDRY – CRUELTY TO ANIMALS
  • ***
  • This act would provide that the trapping and subsequent release of any unowned feral or free roaming cat for the purpose of spaying or neutering of the cat shall not be considered abandonment.
  • This act would take effect upon passage. ======== LC003683 ========
  • This act would provide that the trapping and subsequent release of any unowned feralor free roaming cat for the purpose of spaying or neutering of the cat would not be considered abandonment.
  • This act would take effect upon passage. ======== LC003683/SUB A/2 ========
  • LC003683/SUB A/2 - Page 3of 3

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