S1190 — An Act enhancing the issuance of citations for cruel conditions for animals

Summary

An Act enhancing the issuance of citations for cruel conditions for animals

Bill Text

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This bill amends laws regarding fines for animal cruelty and establishes the Homeless Animal Prevention and Care Fund, among other changes to definitions and penalties related to animal care.

• Section 35WW of chapter 10

  fines collected pursuant to section 37 of chapter 129

  Adds a provision for fines collected under chapter 129 to be included in this section.

• Section 37 of chapter 129

  A fine assessed under this section shall be deposited into the Homeless Animal Prevention and Care Fund established in section 35WW of chapter 10.

  Establishes that fines collected under section 37 are to be deposited into a specific fund.

• Section 174E of chapter 140

  No person owning or keeping a domestic animal shall subject the animal to “cruel conditions.” → No person owning or keeping a domestic animal shall subject the animal to “cruel conditions.” For the purposes of this section, a “domestic animal” is all animals, regardless of their purpose or use, including livestock, that are kept as a domestic animal. For the purposes of this subsection, "cruel conditions” includes, but is not limited to, the following: (1) exposure to excessive animal waste, garbage, non-potable water, excessive noxious odors that create a health threat to people or animals, dangerous objects or other animals that could injure or kill an animal upon contact, other circumstances that could cause harm to the health or safety of the animal based on species, age or physical condition; or failure to provide access to appropriate food and water based on the animal’s species, age and physical condition. (2) lack of protection when wind or environmental or weather conditions pose an adverse risk to the health or safety of the animal based on the animal’s species, age, or physical condition.

  Clarifies the definition of 'cruel conditions' and expands the scope of what constitutes animal cruelty.

• Subsection (h) of section 174E of chapter 140

  A person who violates this section shall: (i) for a first offense, be issued a written warning or punished by a fine of not more than $50; (ii) for a second offense, be punished by a fine of not more than $200; and (iii) for a third or subsequent offense, be punished by a fine of not more than $500; provided, however, that for a third or subsequent offense, the animal may be subject to impoundment in a local shelter or appropriate facility at the owner's, keeper’s or guardian's expense pending compliance with this section, or loss of ownership of the animal.

  Establishes a tiered penalty structure for violations of animal care standards.

• Section 174E of chapter 140

  special → state

  Changes the wording from 'special' to 'state' in the context of this section.

• Section 174E of chapter 140

  and → or

  Modifies the conjunction from 'and' to 'or', likely impacting how conditions are interpreted.

• Section 174E of chapter 140

  (j) Nothing in this section shall preclude prosecution under section 77 of chapter 272.

  Clarifies that this section does not restrict prosecution under an existing law regarding animal cruelty.

Sponsors

• Mark C. Montigny · Primary

Subjects