HOUSE DOCKET, NO. 1353        FILED ON: 1/13/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1268

The Commonwealth of Massachusetts

_______________

In the Year Two Thousand Nine

_______________

An Act relative to the penalty for killing, maiming or poisoning of animals..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 266 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out section 112 and inserting in place thereof the following new section:—

Section 112. Whoever willfully or maliciously kills, maims, tortures or disfigures any horse, cattle, dog, cat or other animal of another person, or willfully or maliciously, administers or exposes poison with intent that it shall be taken or swallowed by any such animal, shall be punished by imprisonment in the state prison for not more than 5 years and by a fine of not more than $5000 or imprisonment in jail for not more than two and one-half years and a fine of not more than $1000.

SECTION 2. Section 77 of chapter 272 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking in line 2 the word “tortures”; by striking in line 3 the words “mutilates or kills an animal”; by striking in line 4 the word “tortured”; and by striking in lines 5 and 6 the words “mutilated or killed.”

SECTION 4. Section 77 of chapter 272 of the General Laws, as appearing in the 2004 Official Edition, is hereby further amended by inserting at the end of the first paragraph the following:—

“Whoever as owner, possessor or person having the charge or custody of an animal, willfully or maliciously kills, maims, mutilates, tortures or disfigures said animal shall be punished by imprisonment in the state prison for not more than 5 years and by a fine of not more than $5000 or by imprisonment in jail for not more than two and one-half years and by a fine of not more than $2500.”