SENATE . . . . . . . . . . . . . . No. 2332
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The Commonwealth of Massachusetts
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In the One Hundred and Ninetieth General Court
(2017-2018)
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SENATE, Friday, March 9, 2018
The committee on Rules to whom was referred the Senate to protect animal welfare and safety in cities and towns (Senate, No. 1159),-- reports, recommending that the same ought to pass with an amendment substituting a new draft with the same title (Senate, No. 2332).
For the committee,
Mark C. Montigny
SENATE . . . . . . . . . . . . . . No. 2332
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The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninetieth General Court
(2017-2018)
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An Act to protect animal welfare and safety in cities and towns.
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 178C of chapter 6 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the figure “272”, in line 96, the following words:- ; engaging in sexual contact with an animal under section 77C of said chapter 272.
SECTION 2. Section 15 of chapter 19A of the General Laws, as so appearing, is hereby amended by inserting after the word “technician”, in line 3, the following words :- , animal control officer.
SECTION 3. Said chapter 19A is hereby further amended by adding the following section:-
Section 42. (a) A person employed by the department or employed pursuant to a contract with the department who, when acting in the person’s professional capacity or within the scope of the person’s employment, has knowledge of or observes an animal that the person knows or reasonably suspects has been the victim of animal cruelty, abuse or neglect shall report the known or suspected animal cruelty, abuse or neglect to a police officer or a special state police officer appointed pursuant to section 57 of chapter 22C. The report shall be made not more than 2 working days after the person receives the information concerning the animal. The report shall be made by facsimile transmission, by a written report or by telephone. If an immediate response is necessary to protect the health and safety of the animal, the report shall be made as soon as possible.
(b) If 2 or more persons who are employed by the department or employed pursuant to a contract with the department are present and jointly have knowledge of known or reasonably suspected animal cruelty, abuse or neglect, those persons may agree to designate 1 person to make the report required under subsection (a). If the designated person fails to report the suspected animal cruelty, abuse or neglect as required under said subsection (a), a reporter who has knowledge of the designated person’s failure to report may thereafter make the report.
(c) No person who makes a report pursuant to this section shall be liable in a civil or criminal action for the report if it was made in good faith. A privilege established by section 135A or 135B of chapter 112 or section 20B of chapter 233 that relates to confidential communications shall not prohibit the filing of a report pursuant to this section.
(d) Nothing in this section shall impose a duty on the department to investigate known or reasonably suspected animal cruelty, abuse or neglect.
(e) Nothing in this section shall prevent the department, area office or subdivision from entering into an agreement, contract or memorandum of understanding with an entity that investigates reports of animal cruelty, abuse or neglect that is listed in section 57 of chapter 22C to require such reports or to engage in training for the identification and reporting of animal abuse, cruelty and neglect.
SECTION 4. Section 1 of chapter 19C of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the word “officer”, in line 28, the first time it appears, the following words:- , animal control officer.
SECTION 5. Said chapter 19C is hereby further amended by adding the following section:-
Section 14. (a) Any investigator acting pursuant to section 5 of this chapter, who has knowledge of or observes an animal that the person knows or reasonably suspects has been the victim of animal cruelty, abuse or neglect shall report the known or suspected animal cruelty, abuse or neglect to a police officer or a special state police officer appointed pursuant to section 57 of chapter 22C. The report shall be made not more than 2 working days after the person receives the information concerning the animal. The report shall be made by facsimile transmission, by a written report or by telephone. If an immediate response is necessary to protect the health and safety of the animal, the report shall be made as soon as possible.
(b) If 2 or more investigators are present and jointly have knowledge of known or reasonably suspected animal cruelty, abuse or neglect, those persons may agree to designate 1 person to make the report required under said subsection (a). If the designated person fails to report the suspected animal cruelty, abuse or neglect as required under said subsection (a), a reporter who has knowledge of the designated person’s failure to report may thereafter make the report.
(c) No person who makes a report pursuant to this section shall be liable in a civil or criminal action for the report if it was made in good faith. Any applicable privilege that relates to confidential communications made to the commission shall not prohibit the filing of a report pursuant to this section.
(d) Nothing in this section shall impose a duty on the commission to investigate known or reasonably suspected animal cruelty, abuse or neglect.
(e) Nothing in this section shall prevent the commission, area office or subdivision from entering into an agreement, contract or memorandum of understanding with an entity that investigates reports of animal cruelty, abuse or neglect that is listed in section 57 of chapter 22C to require such reports or to engage in training for the identification and reporting of animal abuse, cruelty and neglect.
SECTION 6. Section 21 of chapter 119 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the word “officer”, in line 64, the following words:- or animal control officer.
SECTION 7. Section 54 of said chapter 119, as so appearing, is hereby amended by inserting after the word “harm”, in line 25, the following words:- to a person or an animal.
SECTION 8. Section 85 of said chapter 119, as so appearing, is hereby amended by striking out, in line 1, the words “During any investigation or evaluation reported under section 51A, any” and inserting in place thereof the following word:- An.
SECTION 9. Said section 85 of said chapter 119, as so appearing, is hereby further amended by striking out, in line 7, the word “may” and inserting in place thereof the following word:- shall.
SECTION 10. Said section 85 of said chapter 119, as so appearing, is hereby further amended by striking out, in lines 8 to 10, inclusive, the words “the entities that investigate reports of animal cruelty, abuse or neglect, as described in section 57 of chapter 22C, or any local animal control authority” and inserting in place thereof the following words:- a police officer or a special state police officer appointed pursuant to section 57 of chapter 22C.
SECTION 11. Said section 85 of said chapter 119, as so appearing, is hereby further amended by striking out, in line 11, the word “may” and inserting in place thereof the following word:- shall.
SECTION 12. Said section 85 of said chapter 119, as so appearing, is hereby further amended by striking out, in line 15, the words “should be made by telephone” and inserting in place thereof the following words:- shall be made.
SECTION 13. Section 19B of chapter 131 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-
A person authorized under this chapter to take and possess birds, reptiles, amphibians or mammals shall not put an animal to death by the use of drowning. Any such person who puts an animal to death by the use of drowning shall, for a first offense, be punished by imprisonment in the state prison for not more than 7 years or in a jail or house of correction for not more than 2½ years, by a fine of not more than $5,000 or by both such fine and imprisonment and, for a second or subsequent offense, by imprisonment in the state prison for not more than 10 years, by a fine of not more than $10,000 or by both such fine and imprisonment.
SECTION 14. Section 136A of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in lines 2 and 7, the figure “174E” and inserting in place thereof, in each instance, the following figure:- 174F.
SECTION 15. Section 137A of said chapter 140, as so appearing, is hereby amended by adding the following subsection:-
(d) A person who violates this section shall be assessed a penalty of $500 for a first offense and a fine of not more than $1,000 for a second or subsequent offense.
SECTION 16. Section 137C of said chapter 140, as so appearing, is hereby amended by striking out, in line 35, the figure “$250” and inserting in place thereof the following:- $500 for a first offense and a fine of not more than $1,000 for a second or subsequent offense
SECTION 17. Section 141 of said chapter 140, as so appearing, is hereby amended by striking out, in line 1, the figure “, 137A”.
SECTION 18. Section 173 of said chapter 140, as so appearing, is hereby amended by striking out, in line 3, the figure “174E” and inserting in place thereof the following figure:- 174F.
SECTION 19. The first paragraph of section 173A of said chapter 140, as so appearing, is hereby amended by striking out the second to seventh sentences, inclusive, and inserting in place thereof the following 6 sentences:-
The fine for the first offense committed by a person shall be $50. The fine for a second offense shall be $100. The fine for a third offense shall be $300. For a fourth or subsequent offense, the fine shall be $500 and the municipality may order the animal spayed or neutered. Payment shall be made only by postal note, money order or check. Notwithstanding the foregoing procedure and schedule of fines, but subject to all other provisions of this section, a city or town may, by ordinance or by-law, provide for an alternative procedure and a different schedule of fines; provided, however, that the fines shall not be lower than those stated in this section. Notwithstanding this section, a municipality may seek a remedy under section 157 for a nuisance dog.
SECTION 20. Section 174E of said chapter 140, as so appearing, is hereby amended by adding the following subsection:-
(i) A city or town shall enforce this section through its animal control officers or police officers in a manner consistent with the disposition provisions in section 21D of chapter 40.
SECTION 21. Section 174F of said chapter 140, as so appearing, is hereby amended by adding the following subsection:-
(i) A city or town shall enforce this section through its animal control officers or police officers in a manner consistent with the disposition provisions in section 21D of chapter 40.
SECTION 22. Chapter 175 of the General Laws is hereby amended by adding the following section:-
Section 231. An insurance company offering homeowners insurance coverage or renters insurance coverage that issues a policy or contract insuring against liability for injury to a person or injury to or destruction of property arising out of the ownership or lease of residential property shall not refuse to issue or renew, cancel or charge or impose an increased premium or rate of such a policy or contract based in whole or in part upon the harboring of a specific breed of dog upon the property.
Nothing in this section shall not prohibit an insurer from refusing to issue or renew or from canceling a contract or policy or from imposing an increased premium or rate for a policy or contract if any such dog being harbored on the property has been designated as a dangerous dog pursuant to law.
SECTION 23. Chapter 186 of the General Laws is hereby amended by adding the following section:-
Section 30. Not more than 3 days after a property owner or a lessor knew or should have known that a property has been vacated through termination of tenancy, abandonment or other removal or exclusion of a tenant from the premises under this chapter or chapter 186A, the property owner, lessor or a designee shall inspect the property for the presence of abandoned animals.
If the property owner, lessor or a designee encounters an abandoned animal, that person shall immediately notify an animal control officer as defined in section 136A of chapter 140, a police officer or other authorized agent of the presence and condition of the animal.
The property owner, lessor or a designee who encounters an abandoned animal under this section shall not be considered the owner, possessor or person having charge or custody of the animal under section 77 of chapter 272.
For the purposes of this section, an animal shall be considered abandoned if it is found on or in a property vacated through termination of tenancy, abandonment or other removal or exclusion of a tenant from the premises under this chapter or said chapter 186A.
If the property owner, lessor or designee fails to comply with this section, the lessor or property owner shall be subject to a civil penalty of not more than $500 for a first offense and not more than $1,000 for a second or subsequent offense. Funds collected under this section shall be deposited into the Homeless Animal Prevention and Care Fund established in section 35WW of chapter 10.
SECTION 24. Section 4 of chapter 239 of the General Laws is hereby amended by inserting after the word “thereof”, in line 5, as appearing in the 2016 Official Edition, the following words:- ; provided, however, that if an animal is found on the land or in the tenement, the officer shall immediately notify an animal control officer as defined in section 136A of chapter 140, a police officer or other authorized agent of the presence and condition of the animal.
SECTION 25. Subsection (a) of said section 4 of said chapter 239, as so appearing, is hereby amended by adding the following sentence:- This section shall not apply to an animal removed under section 30 of chapter 186, section 14 of this chapter or section 41 of chapter 244.
SECTION 26. Said chapter 239 is hereby further amended by adding the following section:-
Section 14. Not more than 3 days after a property owner or a lessor knew or should have known that a property has been vacated as a result of summary process, the property owner, lessor or a designee shall inspect the property for the presence of abandoned animals.
If the property owner, lessor or a designee encounters an abandoned animal under this section or section 4, the property owner, lessor or a designee shall immediately notify an animal control officer as defined in section 136A of chapter 140, a police officer or other authorized agent of the presence and condition of the animal.
The property owner, lessor or designee who encounters an abandoned animal pursuant to this section shall not be considered the owner, possessor or person having the charge or custody of the animal under section 77 of chapter 272.
For the purposes of this section, an animal shall be considered abandoned if it is found on or in a property vacated as a result of summary process.
If the property owner, lessor or a designee fails to comply with this section, the lessor or property owner shall be subject to a civil penalty of not more than $500 for a first offense and not more than $1,000 for a second or subsequent offense. Funds collected under this section shall be deposited into the Homeless Animal Prevention and Care Fund established in section 35WW of chapter 10.
SECTION 27. Chapter 244 of the General Laws is hereby amended by adding the following section:-
Section 41. Not more than 3 days after the property owner knew or should have known that a property was vacated through a mortgage foreclosure, the person in control of the property or a designee shall inspect the property for the presence of abandoned animals. If the person in control of the property or a designee encounters an abandoned animal under this section, such person shall immediately notify an animal control officer as defined in section 136A of chapter 140, a police officer or other authorized agent of the presence and condition of the animal.
The person in control of the property or a designee who encounters an abandoned animal pursuant to this section shall not be considered the owner, possessor or person having the charge or custody of the animal under section 77 of chapter 272.
For the purposes of this section, an animal shall be considered abandoned if it is found in a property vacated through mortgage foreclosure.
If the person in control of the property fails to comply with this section, such person shall be subject to a civil penalty of not more than $500 for a first offense and not more than $1,000 for a second or subsequent offense. Funds collected under this section shall be deposited into the Homeless Animal Prevention and Care Fund established in section 35WW of chapter 10.
SECTION 28. Section 77 of chapter 272 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in lines 32 to 35, inclusive, the words “seventy-seven A, seventy-eight, seventy-eight A, seventy-nine A, seventy-nine B, eighty A, eighty B, eighty C, eighty D, eighty F, eighty-six, eighty-six A, eighty-six B or ninety-four” and inserting in place thereof the following figures:- 77A, 77C, 78, 78A, 79A, 79B, 80A, 80B, 80C, 80D, 80E, 80F, 86, 86A, 86B or 94.
SECTION 29. Said chapter 272 is hereby further amended by inserting after section 77B the following section:-
Section 77C. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Animal”, a nonhuman mammal, bird, reptile, amphibian, fish or invertebrate, either alive or dead.
“Sexual contact”, (i) any act between a person and an animal that involves contact between the sex organs or anus of 1 and the mouth, anus or sex organs of the other; (ii) touching or fondling by a person of the sex organs or anus of an animal, either directly or through clothing, without a bona fide veterinary or animal husbandry purpose; (iii) any transfer or transmission of semen by the person upon any part of the animal; or (iv) the insertion, however slight, of any part of a person’s body or any object into the vaginal or anal opening of an animal or the insertion of any part of the animal’s body into the vaginal or anal opening of the person.
(b) A person who: (i) engages in sexual contact with an animal or advertises, offers, accepts an offer for, sells, transfers, purchases or otherwise obtains an animal with the intent that the animal be used for sexual contact; (ii) organizes, promotes, conducts or knowingly participates in as an observer an act involving sexual contact with an animal; (iii) causes, aids or abets another person to engage in sexual contact with an animal; (iv) knowingly permits sexual contact with an animal to be conducted on any premises under the person’s control; (v) forces, induces or otherwise entices a child younger than 18 years of age to engage in sexual contact with an animal or engages in sexual contact with an animal in the presence of a child younger than 18 years of age; or (vi) disseminates photographs, videotapes or other depicts prohibited sexual contact with an animal shall, for a first offense, be punished by imprisonment in the state prison for not more than 7 years or by imprisonment in a jail or house of correction for not more than 2½ years, by a fine of not more than $5,000 or by both such fine and imprisonment and, for a second or subsequent offense, by imprisonment in the state prison for not more than 10 years, by a fine of not more than $10,000 or by both such fine and imprisonment.
(c) Notwithstanding section 26 of chapter 218 or any other general or special law to the contrary, the district courts and the divisions of the Boston municipal court department shall have original jurisdiction, concurrent with the superior court, of a violation of this section.
(d) Upon a conviction for a violation of this section and in addition to any other penalties as may be provided by law, the defendant shall forfeit the animal whose treatment was the basis of the conviction 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.
Upon a conviction for a violation of this section, the defendant shall not: (i) work in any capacity that requires the person to be in contact with an animal, including a commercial boarding or training establishment, shelter, animal control facility, pet shop, grooming facility, commercial breeder service, veterinary hospital or clinic or animal welfare society or other nonprofit organization incorporated for the purpose of providing for and promoting the welfare, protection and humane treatment of animals; or (ii) harbor, own, possess or exercise control over an animal, reside in a household where any animals are present or engage in an occupation, whether paid or unpaid, or participate in a volunteer position at any establishment where animals are present 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. The defendant shall submit to a psychological assessment and participate in appropriate counseling at the defendant’s expense.
(e) This section shall not apply to lawful and accepted practices that relate to veterinary medicine performed by a licensed veterinarian or a certified veterinary technician under the guidance of a licensed veterinarian, artificial insemination of animals for the purpose of procreation, accepted animal husbandry practices, including raising, breeding or assisting with the birthing process of animals or any other practice that provides care for animals, or conformation judging.
SECTION 30. Section 79 of said chapter 272, as appearing in the 2016 Official Edition, is hereby amended by striking out, in lines 1 and 2, the words “corporation violating either of the two preceding sections” and inserting in place thereof the following words:- for-profit corporation, nonprofit corporation, business, professional corporation, partnership, limited liability company, limited partnership, limited liability partnership or any other business entity violating section 112 of chapter 266 or section 77, 77A, 77B, 78, 78A, 79A, 80½, 80A, 80B, 80C, 80D, 80E, 80F, 80G, 80H, 80I, 81, 85A, 85B, 87, 94 or 95 of this chapter.
SECTION 31. Section 80E of said chapter 272, as so appearing, is hereby amended by adding the following paragraph:-
A person who puts an animal to death by the use of drowning shall, for a first offense, be punished by imprisonment in the state prison for not more than 7 years in state prison or imprisonment in a jail or house of correction for not more than 2½ years, by a fine of not more than $5,000 or by both such fine and imprisonment and, for a second or subsequent offense, by imprisonment in the state prison for not more than 10 years, by a fine of not more than $10,000 or by both such fine and imprisonment.
SECTION 32. Section 91 of said chapter 272, as so appearing, is hereby amended by striking out, in line 3, the words “district court” and inserting in place thereof the following words:- court having jurisdiction over the offense.
SECTION 33. Said section 91 of said chapter 272, as so appearing, is hereby further amended by striking out the second to fourth sentences, inclusive, and inserting in place thereof the following 2 sentences:- If after a hearing on the application, notice thereof having been previously given as the court orders, it shall be found that the animals, at the time of seizure, were engaged in or were intended to be engaged in fighting at an exhibition thereof or the animals were owned, possessed, kept, trained, bred, loaned, sold, exported or otherwise transferred in violation of section 94, such animals shall be adjudged forfeited. A forfeited animal shall be individually assessed by the organization to which it is forfeited to determine the animal’s suitability for adoption or the organization shall transfer it to another organization or for another disposition.
SECTION 34. Section 104 of said chapter 272, as so appearing, is hereby amended by inserting after the figure “77”, in line 6, the following figure:- , 77C.
SECTION 35. Section 58A of chapter 276 of the General Laws, as so appearing, is hereby amended by inserting after the figure “269”, in line 23, the following words:- , section 112 of chapter 266 or section 77 or 94 of chapter 272.