Bill Sponsors
Urso, Appollonio, Tikoian, LaMountain, Patalano, Thompson, Bell, Gu, Euer, and Dimitri
Committee
Senate Judiciary
Summary
Select
This legislation updates Rhode Island's animal cruelty laws to explicitly extend authority to city and town animal control officers and shelters, rather than just the Rhode Island Society for the Prevention of Cruelty to Animals (RISPCA). It authorizes municipal officers to seize neglected or abused animals and requires the owner to pay for the animal's care while in custody. The bill outlines specific legal procedures for owners to petition for the return of their animals and establishes that failure to pay for care or petition the court within 60 days can result in the forfeiture of ownership to the shelter.
Sponsor
Analysis
Pros for Progressives
- Expands the safety net for vulnerable animals by empowering local municipal officers to intervene in cases of abuse and neglect, ensuring a faster response time than relying solely on a centralized state society.
- Promotes community welfare by addressing "hazardous accumulation" (hoarding) and neglect, which often pose sanitation and health risks to the immediate neighborhood and the animals involved.
- Ensures that those who abuse or neglect animals are held financially accountable for the rehabilitation and care of the victims, rather than shifting that financial burden entirely onto non-profits or the taxpayer.
Cons for Progressives
- The requirement for owners to pay for care costs before a final criminal conviction could disproportionately affect low-income individuals who may be innocent or struggling financially, essentially criminalizing poverty.
- The definition of "neglect" or "unfit for labor" can be subjective, potentially leading to the seizure of beloved pets from disadvantaged families who love their animals but struggle to afford premium veterinary care.
- The 60-day window to petition or pay might be insufficient for individuals facing mental health crises or housing instability, leading to the permanent loss of their animal companions without adequate support systems in place.
Pros for Conservatives
- Enforces personal responsibility by mandating that animal owners, not the taxpayers, bear the financial burden for the food, boarding, and medical care of animals taken into custody due to the owner's actions.
- Strengthens local control by granting authority to city and town officials to manage animal control issues within their own jurisdictions, rather than relying on an outside organization.
- Upholds the rule of law by establishing clear consequences and forfeiture procedures for those who violate statutes regarding the treatment of animals and hazardous accumulation.
Cons for Conservatives
- Empowers government agents to seize private property (animals) based on the "opinion" of an officer regarding the animal's fitness or health, which raises concerns about government overreach and property rights.
- Allows the government to demand payment for expenses and initiate civil actions against citizens before they have been convicted of a crime, which may be viewed as a violation of due process principles.
- Increases the size and scope of local government bureaucracy by formalizing the role of municipal shelters in long-term custody and litigation processes.
Constitutional Concerns
None Likely
Impact Overview
Groups Affected
- Pet Owners
- City and Town Animal Control Officers
- Municipal Animal Shelters
- Rhode Island Society for the Prevention of Cruelty to Animals (RISPCA)
- Veterinarians
Towns Affected
All
Cost to Taxpayers
Amount unknown
Revenue Generated
None
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Regulatory
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Bill Status
Current Status
Held
Comm Passed
Floor Passed
Law
History
• 01/16/2026 Introduced, referred to Senate Judiciary
Bill Text
SECTION 1. Section 4-1-22 of the General Laws in Chapter 4-1 entitled "Cruelty to Animals" is hereby amended to read as follows:
4-1-22. Care of neglected animals by society — Forfeiture of owner’s rights — Expenses.
(a) An animal control officer of a city or town, or an officer or agent of the Rhode Island Society for the Prevention of Cruelty to Animals may lawfully take charge of and shall provide adequate care to any animal found abandoned or neglected or hazardously accumulated as defined in § 4-1-1, or that in the opinion of that officer or agent, is aged, maimed, disabled, lame, sick, diseased, injured, unfit for the labor it is performing, or cruelly treated, and shall give notice to the owner or guardian, if known.
(b) Every owner or guardian, upon conviction, plea of guilty, or plea of nolo contendere, of abandonment, neglect, hazardous accumulation as defined in § 4-1-1, or otherwise cruel treatment of any animal taken charge of by an animal control officer of a city or town, or an agent of the Rhode Island Society for the Prevention of Cruelty to Animals under this section, forfeits the rights to ownership or control of that animal to the Society for disposition in any manner deemed suitable for that animal.
(c) Whenever any animal control officer of a city or town, or an officer or agent of the Rhode Island Society for the Prevention of Cruelty to Animals lawfully takes charge of any animal under this section, all reasonable expenses for the care and treatment of the animal(s), while in the custody of the city or town animal shelter, or the Society during this time, shall be paid for by the owner or guardian. The city or town animal shelter, or the Society has the authority to commence a civil action for damages against the owner or guardian thirty (30) days after a written demand for payment of the expense of the suitable care of that animal has been sent and no payment has been received. The written demand shall state that the failure to pay or make arrangements to pay for the care of that animal may result in forfeiture of ownership of the animal. The cost of the care and treatment that is billed to the owner or guardian shall be reasonable and related to equivalent services provided by veterinary care and animal sheltering, feeding, and boarding services in this state.
(d) The owner or guardian of any animal that is in the charge of the city or town animal shelter, or the Rhode Island Society for the Prevention of Cruelty to Animals pursuant to the authority granted in this section may, within sixty (60) days following the date that thesociety city or town animal shelter, or the Society gives notice of the taking of possession of the animal, petition the district court for an order to return custody of the animal to the owner or guardian.
(e) Upon the filing of the petition, the court shall cause a summons to be issued requiring an authorized representative of the city or town animal shelter, or the Society for the Prevention of Cruelty to Animals to appear in court at the time and place named, which summons shall be served not less than fourteen (14) days before the date of the hearing.
(f) At the hearing on the petition, the court shall consider:
(1) The animal’s condition;
(2) The care required to maintain the animal safely and in an appropriate environment; and
(3) The ability of the petitioner to provide or arrange for the adequate care of the animal, including during the time any criminal charges related to or arising from the seizure are pending.
(g) If, after hearing, the court finds that the owner or guardian of the animal has the ability to properly care for or arrange for the adequate care of the animal during the pendency of the criminal charges, the court may allow the owner or guardian of the animal to have or arrange for the adequate care, custody, and control of the animal pending the final determination of the related criminal charges subject to such restrictions and conditions as the court determines to be reasonable or necessary.
(h) All issues will be decided upon a preponderance of the evidence.
(i) In the event that the court orders an animal returned to the owner or guardian following the hearing, the owner or guardian will not be required to pay for the cost of care incurred prior to the date of the hearing unless and until such time as there has been a conviction, plea of guilty, or plea of nolo contendere, of abandonment, neglect, hazardous accumulation as defined in § 4-1-1, LC003222 - Page 2 of 4 or otherwise cruel treatment in the related criminal proceeding.
(j) In the event that the owner or guardian fails to petition for custody of the animal within sixty (60) days of notice of the taking or fails to pay within sixty (60) days of the written demand for payment, the city or town animal shelter, or the Rhode Island Society for the Prevention of Cruelty to Animals may petition the court for transfer of ownership of the animal to the city or town animal shelter, or the Rhode Island Society for the Prevention of Cruelty to Animals. If the owner or guardian fails to respond to the petition for transfer of ownership the court shall transfer ownership to thesociety Society.
SECTION 2. This act shall take effect upon passage.
4-1-22. Care of neglected animals by society — Forfeiture of owner’s rights — Expenses.
(a) An animal control officer of a city or town, or an officer or agent of the Rhode Island Society for the Prevention of Cruelty to Animals may lawfully take charge of and shall provide adequate care to any animal found abandoned or neglected or hazardously accumulated as defined in § 4-1-1, or that in the opinion of that officer or agent, is aged, maimed, disabled, lame, sick, diseased, injured, unfit for the labor it is performing, or cruelly treated, and shall give notice to the owner or guardian, if known.
(b) Every owner or guardian, upon conviction, plea of guilty, or plea of nolo contendere, of abandonment, neglect, hazardous accumulation as defined in § 4-1-1, or otherwise cruel treatment of any animal taken charge of by an animal control officer of a city or town, or an agent of the Rhode Island Society for the Prevention of Cruelty to Animals under this section, forfeits the rights to ownership or control of that animal to the Society for disposition in any manner deemed suitable for that animal.
(c) Whenever any animal control officer of a city or town, or an officer or agent of the Rhode Island Society for the Prevention of Cruelty to Animals lawfully takes charge of any animal under this section, all reasonable expenses for the care and treatment of the animal(s), while in the custody of the city or town animal shelter, or the Society during this time, shall be paid for by the owner or guardian. The city or town animal shelter, or the Society has the authority to commence a civil action for damages against the owner or guardian thirty (30) days after a written demand for payment of the expense of the suitable care of that animal has been sent and no payment has been received. The written demand shall state that the failure to pay or make arrangements to pay for the care of that animal may result in forfeiture of ownership of the animal. The cost of the care and treatment that is billed to the owner or guardian shall be reasonable and related to equivalent services provided by veterinary care and animal sheltering, feeding, and boarding services in this state.
(d) The owner or guardian of any animal that is in the charge of the city or town animal shelter, or the Rhode Island Society for the Prevention of Cruelty to Animals pursuant to the authority granted in this section may, within sixty (60) days following the date that the
(e) Upon the filing of the petition, the court shall cause a summons to be issued requiring an authorized representative of the city or town animal shelter, or the Society for the Prevention of Cruelty to Animals to appear in court at the time and place named, which summons shall be served not less than fourteen (14) days before the date of the hearing.
(f) At the hearing on the petition, the court shall consider:
(1) The animal’s condition;
(2) The care required to maintain the animal safely and in an appropriate environment; and
(3) The ability of the petitioner to provide or arrange for the adequate care of the animal, including during the time any criminal charges related to or arising from the seizure are pending.
(g) If, after hearing, the court finds that the owner or guardian of the animal has the ability to properly care for or arrange for the adequate care of the animal during the pendency of the criminal charges, the court may allow the owner or guardian of the animal to have or arrange for the adequate care, custody, and control of the animal pending the final determination of the related criminal charges subject to such restrictions and conditions as the court determines to be reasonable or necessary.
(h) All issues will be decided upon a preponderance of the evidence.
(i) In the event that the court orders an animal returned to the owner or guardian following the hearing, the owner or guardian will not be required to pay for the cost of care incurred prior to the date of the hearing unless and until such time as there has been a conviction, plea of guilty, or plea of nolo contendere, of abandonment, neglect, hazardous accumulation as defined in § 4-1-1, LC003222 - Page 2 of 4 or otherwise cruel treatment in the related criminal proceeding.
(j) In the event that the owner or guardian fails to petition for custody of the animal within sixty (60) days of notice of the taking or fails to pay within sixty (60) days of the written demand for payment, the city or town animal shelter, or the Rhode Island Society for the Prevention of Cruelty to Animals may petition the court for transfer of ownership of the animal to the city or town animal shelter, or the Rhode Island Society for the Prevention of Cruelty to Animals. If the owner or guardian fails to respond to the petition for transfer of ownership the court shall transfer ownership to the
SECTION 2. This act shall take effect upon passage.