Senate Bill #2135 (2018)
AN ACT RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- CRUELTY TO ANIMALS
Increases the penalty for repeat convictions for animal cruelty.
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2018-01-23: Introduced, referred to Senate Judiciary
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2018-03-16: Scheduled for hearing and/or consideration (03/22/2018)
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2018-03-22: Committee recommended measure be held for further study
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2018-06-01: Scheduled for consideration (06/05/2018)
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2018-06-05: Committee recommends passage of Sub A
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2018-06-06: Placed on Senate Calendar (06/12/2018)
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2018-06-12: Senate passed Sub A
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2018-06-13: Referred to House Judiciary
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2018-06-23: Committee recommends passage of Sub A in concurrence
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2018-06-23: Placed on House Calendar (06/23/2018)
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2018-06-23: House passed Sub A in concurrence
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2018-06-23: Scheduled for consideration (06/23/2018)
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2018-06-27: Transmitted to Governor
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2018-07-02: Signed by Governor
Changes since original draft
2018 – S 2135- 2018 – S 2135 SUBSTITUTE A
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LC004068- LC004068/SUB A
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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. 2018 ____________ A N A C T- S TATE OF RHODE IS L AND
- IN GENERAL ASSEMBLY
- JANUARY SESSION, A.D. 2018
- ____________
- A N A C T
- RELATING TO ANIMALS AND ANIMAL HUSBANDRY – CRUELTY TO ANIMALS
- Introduced By: Senators Ciccone, and Ruggerio
- Date Introduced: January 23, 2018
- Referred To: Senate Judiciary
It is enacted by the General Assembly as follows: SECTION 1. Section 4-1-2 of the General Laws in Chapter 4-1 entitled "Cruelty to Animals" is hereby amended to read as follows:- It is enacted by the GeneralAssembly as follows:
- SECTION 1. Sections 4-1-2 and 4-1-40 of the General Laws in Chapter 4-1 entitled "Cruelty to Animals" are hereby amended to read as follows:
- 4-1-2. Overwork, mistreatment, or failure to feed animals – Shelter defined.
(a) Whoever overdrives, overloads, drives when overloaded, overworks, tortures, torments, deprives of necessary sustenance, cruelly beats, mutilates or cruelly kills, or causes or procures to be so overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, deprived of necessary sustenance, cruelly beaten, or mutilated, any animal, and whoever, having the charge or custody of any animal, either as owner or otherwise, inflicts cruelty upon that animal, or willfully fails to provide that animal with proper food, drink, shelter, or protection from the weather, shall, for each offense, be imprisoned not exceeding eleven (11) months, or be fined not less than fifty dollars ($50.00) nor exceeding five hundred dollars ($500), or both. If the offense described in this section results in the death of the animal, the person shall be punished in the manner provided in § 4-1-5. Any person who has been previously convicted of an offense provided for in chapter 1 of title 4 shall, upon conviction of a second violation within a ten (10) year period, be imprisoned for a period not exceeding six (6) years, or fined not less than five hundred dollars ($500) and not exceeding five thousand dollars ($5,000), 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. (b) Every owner, possessor, or person having charge of any animal may, upon conviction of a violation of this section, be ordered to forfeit all rights to ownership of the animal to the animal-control officer of the city or town in which the offense occurred or to a humane society that owns and operates the shelter that provided the subject animal shelter subsequent to any confiscation of said animal pursuant to this section. (c) Shelter means a structure used to house any animal that will provide sufficient protection from inclement elements for the health and well being of the animal. SECTION 2. This act shall take effect upon passage. ======== LC004068 ========- (a) Whoever overdrives, overloads, drives when overloaded, overworks, tortures, torments, deprives of necessary sustenance, cruelly beats, mutilates or cruelly kills, or causes or procures to be so overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, deprived of necessary sustenance, cruelly beaten, or mutilated, any animal, and whoever, having the charge or custody of any animal, either as owner or otherwise, inflicts cruelty upon that animal, or willfully fails to provide that animal with proper food, drink, shelter, or protection from the weather, shall, for each offense, be imprisoned not exceeding eleven (11) months, or be fined not less than fifty dollars ($50.00) nor exceeding five hundred dollars ($500), or both. If the offense described in this section results in the death of the animal, the person shall be punished in the manner provided in § 4-1-5.
- (b) Any person who has been previously convicted of an offense provided for in chapter 1 of title 4 shall, upon conviction of a second or subsequent violation within a ten (10) year period, be imprisoned for a period not exceeding six (6) years, or fined not less than five hundred dollars ($500) and not exceeding five thousand dollars ($5,000), or both. In addition, every person convicted under chapter 1 of title 4 of a second or subsequent offense shallbe required to serve one hundred (100) hours of community restitution. The community restitution penalty shall not be suspended or deferred and is mandatory.
- (b)(c) Every owner, possessor, or person having charge of any animal may, upon conviction of a violation of this section, be ordered to forfeit all rights to ownership of the animal to the animal-control officer of the city or town in which the offense occurred or to a humane society that owns and operates the shelter that provided the subject animal shelter subsequent to any confiscation of said animal pursuant to this section.
- (c)(d) Shelter means a structure used to house any animal that will provide sufficient protection from inclement elements for the health and wellbeing of the animal.
- 4-1-40. Possession of animals.
- (a) In addition to any other penalty imposed by law, a person convicted of, or who entered a plea of nolo contendere to, any misdemeanor violation under the provisions of this chapter may, based on the discretion of the sentencing judge, shallnot possess or reside with any animal for a period of up to five (5) years following entry of the conviction or upon acceptance of a plea of nolo contendere by the court. Any offense under this subsection is a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), by imprisonment for a term not more than one year, or both, and forfeiture of the animal(s).
- (b) In addition to any other penalty imposed by law, a person convicted of, or who entered a plea of nolo contendere to, any felony violation under the provisions of this chapter may, based on the discretion of the sentencing judge, shall not possess or reside with any animal for a period of up to fifteen (15) years following entry of the conviction or upon acceptance of a plea of nolo contendere by the court. Any offense under this subsection is a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), by imprisonment for a term not more than one year, or both, and forfeiture of the animal(s).
- SECTION 2. This act shalltake effect upon passage.
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- LC004068/SUB A
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- LC004068/SUB A - 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 increase the penalty for repeat convictions for animal cruelty to a maximum of six (6) years imprisonment or a fine of up to five thousand dollars ($5,000) and one hundred (100) hours community restitution. This act would take effect upon passage. ======== LC004068 ========- A N A C T
- RELATING TO ANIMALS AND ANIMAL HUSBANDRY – CRUELTY TO ANIMALS
- ***
- This act would increase the penalty for repeat convictions for animal cruelty to a maximum of six (6) years imprisonment or a fine of up to five thousand dollars ($5,000) and one hundred (100) hours community restitution. This act would also provide that a person convicted of an offense under Chapter 1 of Title 4, "Cruelty to Animals,"would not be permitted to possess an animal for a period of time after that conviction.
- This act would take effect upon passage. ======== LC004068/SUB A ========
- LC004068/SUB A - Page 3of 3
Votes
NOTE: Electronic voting records are unofficial and may not be accurate. For an official vote tally, check the
House or Senate Journal from the day of the vote.
June 12, 2018 at 5:38pm
Yeas: 36 /
Nays: 0 /
Not voting: 1 /
Recused: 0
Floor vote for PASSAGE
IN CONCURRENCE
June 23, 2018 at 9:33pm
Yeas: 44 /
Nays: 9 /
Not voting: 22 /
Recused: 0