2011 -- H 5522 SUBSTITUTE A

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LC00476/SUB A/3

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2011

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A N A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- ANIMAL ABUSE OFFENDERS

     Introduced By: Representatives E Coderre, Bennett, Naughton, and Flaherty

     Date Introduced: March 02, 2011

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 4-1 of the General Laws entitled "Cruelty to Animals" is hereby

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amended by adding thereto the following section:

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     4-1-40. Possession of animals. – (a) In addition to any other penalty imposed by law, a

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person convicted of, or who entered a plea of nolo contendere to, any misdemeanor violation

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under the provisions of this chapter may, based on the discretion of the sentencing judge, not

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possess or reside with any animal for a period of up to five (5) years following entry of the

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conviction or upon acceptance of a plea of nolo contendere by the court. Any offense under this

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subsection is a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000),

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by imprisonment for a term not more than one year, or both, and forfeiture of the animal(s).

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     (b) In addition to any other penalty imposed by law, a person convicted of, or who

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entered a plea of nolo contendere to, any felony violation under the provisions of this chapter

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may, based on the discretion of the sentencing judge, not possess or reside with any animal for a

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period of up to fifteen (15) years following entry of the conviction or upon acceptance of a plea of

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nolo contendere by the court. An offense under this subsection is a felony punishable by a fine of

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more than one thousand dollars ($1000), imprisonment for a term of more than one year, or both,

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and forfeiture of the animal(s).

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     SECTION 2. 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 -- ANIMAL ABUSE OFFENDERS

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     This act would provide for additional penalties for animal cruelty, and would give

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discretion to a sentencing judge to prohibit persons convicted of or who enter a plea of nolo

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contendere to a charge of animal cruelty from possessing or residing with animals.

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     This act would take effect upon passage.

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LC00476/SUB A/3

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