FILED ON: 1/31/2020

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2494

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act relative to the ownership of pets by convicted animal abusers.

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. Section 77 of chapter 272 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding the following paragraph:-

A person convicted of a violation of this section or of sections 77A, 77C, 80 ½, 94 or 95 shall not harbor, own, possess, exercise control over, adopt, or foster an animal for any length of time that the court deems reasonable for the protection of all animals; provided, however, that the length of time shall not be less than 5 years after the person’s release from custody. Any person found in violation of an order incorporating the provisions of this paragraph may, in addition to any other punishment provided by law, be fined in an amount not exceeding $1,000 for each animal held in unlawful ownership or possession and shall forfeit custody of any animal involved in a violation of this paragraph to the custody of an entity incorporated under the laws of the commonwealth for the prevention of cruelty to animals or for the care and protection of homeless or suffering animals.

SECTION 2. Section 35WW of chapter 10 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the figure “62”, in line 17, the following words:- , fines collected pursuant to section 37 of chapter 129.

SECTION 3. Section 37 of said chapter 129, as so appearing, is hereby amended by inserting after the fourth sentence the following sentence:- A fine assessed under this section shall be deposited into the Homeless Animal Prevention and Care Fund established in section 35WW of chapter 10.