(Feb. 28, 2003) - H 5817 realizes some of the "what ifs" raised by the first generation "guardian" legislation. In 2001, RI H 6119 passed the first and so far, only state law enacted to use "guardian" in animal statutes. Because Rhode Island is a small state with overwhelming Democratic majorities in both houses of the legislature, passage of bills with a group of Democratic authors is possible. This year's H 5817, builds on the human guardian model for animals - "any nonhuman living creature" -- with emphasis on new crimes, harsher punishments, expanded groups of mandated enforcers and reporters and little regard to real rights of owners. H 5817 creates a new crime of "animal abuse" rather than cruelty - both first and second degree, misdemeanor and felony; abandonment; aggravated animal neglect - a felony; sexual "assault" of an animal - a felony that also requires registration as a sex offender; as well as provisions relating animal fighting and extensive regulation of euthanasia.
The bill specifies that ownership, guardianship or trespass are not defenses to its crimes; provides for "cost of care" bonds for animals impounded pursuant to covered criminal actions; and provides for enforcement not only by all police agencies but also by court appointed "special humane agents" appointed by SPCA's based on demonstrating satisfactory knowledge and training. The bill also provides that cost of caring for animals in custody becomes a lien that must be discharged by the guardian within 7 days following ACQUITTAL or WITHDRAWAL of the criminal complaint - if not the guardian's "legal interest" is transferred to the custodial agency which can still recover any excess over the value transferred from the guardian (i.e. the owner.)
AND MORE - H 5817 specifies a very long and broad list of persons who SHALL report any violations to the "nearest law enforcement agency" and are granted civil immunity for this mandated reporting. The list even includes attorneys, photo finishers and any news media employee. Further provisions cover impoundment with a warrant or without; termination of an unfit guardian's interest in an animal for a number of stated reasons including habitual use of intoxicating or controlled substances that impair the guardian's ability to provide care.
The petition for termination would be filed by an animal care agency holding the animal in custody. Consequences for the terminated guardian include a minimum 3 year prohibition on possessing any animals, loss of any other animals and payment of all costs. Conviction for any offense under this law could include evaluation and treatment, as well as community service in addition to specified prison and fines, forfeiture of any interest in the animal and for felony animal abuse offense convictions in either Rhode Island or comparable convictions in ANY OTHER STATE, OFFENDER REGISTRATION FOR 15 YEARS - comparable to the system traditionally used for registered sex offenders. This new ANIMAL ABUSER REGISTRY is to be maintained by each police department as well as a central registry maintained by the Attorney General and contain all detailed personal information except Social Security Number AVAILABLE TO THE PUBLIC.
Failure to register is itself a felony. In addition to other penalties, there are mandatory prohibitions on possession of or "residing with" any animal for 5 years for misdemeanor and 15 years for felony, in addition to fines of $1,000 or $5,000 respectively, reimbursement of all costs and restitution to the guardian of any animal mistreated (actual money value of loss and costs to cure.)
Then comes a real catchall: "4-23-27. Bodily alterations, disablements or removals. -- (a) It is unlawful for any person to remove or permanently alter or disable, or cause or procure to be removed or permanently altered or disabled, any part or organ, or the function of any part or organ, of an animal except as necessary for proper veterinary care or population control. (b) A violation of subsection (a) is a misdemeanor. (c) Each act in violation of subsection (a) shall constitute a separate offense."
Apparently this includes dewclaws, tails and ears not to mention debarking or declawing. There is also a separate provision to enable any guardian of an animal subjected to a violation of this law to sue for damages including "any other expenses incurred by the guardian in attempting to mollify the effects of the violation, pain and suffering of the animal, emotional distress and any loss of companionship suffered by the guardian" plus $1,000 per violation the animal was "subjected to," any injunctive relief the court might order to "abate further violations by the defendant" and a 3 year statute of limitations for bringing such an action. Any dying or artificial coloring of an animal is a misdemeanor. A separate provision requires a motorist who "knowingly injures an animal" to immediate stop, make a reasonable effort to ascertain the injuries and give attention, immediately report the injuries to the guardian (if known) and immediately notify law enforcement of the location and provide all the motorist's information. Failure to do any of these is a misdemeanor.
Any sale or transfer of an animal to a research or educational facility in Rhode Island is a misdemeanor. And the final provision allows up to $10,000 "non-economic damages" for the death of a pet dog or cat - with the same provisions as current California SB 225 (Vincent -- $4,000 damages) except for the California statutory exemption allowing killing of a dog bothering livestock. It's no small irony that the word "guardian" does not appear in this Rhode Island provision, imported from California!
To read the bill, see < http://www.rilin.state.ri.us/BillText/BillText03/HouseText03/H5817.htm >
The sponsors are all Democrats, Peter L. Lewiss, an attorney, and Charlene Lima*, Raymond E. Gallison, Gordon D. Fox and Joanne M. Giannini*. H 5817 has been assigned to the House Health Education and Welfare Committee (phone 401-222-2296) email link to committee members at:
< http://www.rilin.state.ri.us/scripts/ComMembers/ComMem.asp?ComChoice=HHEW >
*Chair Joanne M. Giannini, D-7 Providence, 401/222-2466 repgiannini@rilin.state.ri.us
Vice Chair Joseph M. McNamara D-19 Cranston, Warwick 401/222-2466 repmcnamara@rilin.state.ri.us
Edith H. Ajello D-3 Providence 401/222/2466 rep-ajello@rilin.state.ri.us
Stephen J. Anderson D-29 Coventry, W. Greenwich 401/222-2466 rep-anderson@rilin.state.ri.us
Richard A. Aubin D-47 Burrillville, Glocester 401/222-1478 rep-aubin@rilin.state.ri.us
Mary Cerra D-42 Cranston, Johnston 401/222-1478 rep-cerra@rilin.state.ri.us
Peter T. Ginaitt D-22 Warwick 401/222-2466 rep-ginaitt@rilin.state.ri.us
Arthur Handy D-18 Cranston 401/222-1478 rep-handy@rilin.state.ri.us
John B. Harwood D-59 Pawtucket 401/222-2466 rep-harwood@rilin.state.ri.us
*Charlene Lima D-14 Cranston 401/222-2466 rep-lima@rilin.state.ri.us
William J. McManus I-46 Lincoln, Pawtucket 401/222-1478 rep-mcmanus@rilin.state.ri.us
Susan Story R-66 Barrington, East Providence 401/222-1478 rep-story@rilin.state.ri.us
Anastasia Williams D-9 Providence 401/222-2466 rep-williams@rilin.state.ri.us
Email link page for all members of the Rhode Island House http://www.rilin.state.ri.us/Scripts/Email/RepEmailListName.asp
Even better is a hard to find URL with names, addresses, phone numbers and email links for both House and Senate member http://www.state.ri.us/MANUAL/data/queries/legadd.idc?
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From Responsible Pet Owners Alliance, the reasonable voice regarding animal issues.
E-mail: rpoa@texas.net