By Ms. Callahan of Sutton, petition (accompanied by bill, House, No. 727) of Jennifer M. Callahan and others relative to establishing protective measures for abused animals.  Environment, Natural Resources and Agriculture.

The Commonwealth of Massachusetts

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PETITION OF:

Jennifer M. Callahan

Kathi-Anne Reinstein

Christine E. Canavan

John W. Scibak

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In the Year Two Thousand and Seven.

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An Act establishing protective measures for abused animals in cases of domestic abuse.

    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. Breeding Kennel

Section  136A  of chapter  140 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by adding after the definition for "adoption" the following new definition: 

"Breeding kennel", a facility where 5 or more dogs, or cats are kept in a single location for the purpose of breeding or buying, selling or

in any way exchanging dogs or cats for value.”

SECTION  2. Companion Animal

Section 136A of Chapter 140 of the  General Laws, as appearing in the 2002 Official Edition,  is hereby amended by adding after the definition for "commissioner" the following new definition:

"Companion animal", a cat, dog or any animal kept as a pet.

SECTION  3. Companion Livestock

Section 136A of Chapter 140 of the General Laws, as appearing in the 2002 Official Edition,  is hereby amended by adding after the definition for "commissioner" the following new definition:

"Companion livestock", livestock treated as pets and not used, possessed or kept for commercial or agricultural purposes.”

SECTION  4. Foster Home

Section 136A of Chapter 140 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by adding after the definition for "dog officer" the following new definition:

Foster home "means a facility or private residence that provides temporary shelter for up to 4 companion animals or 3 companion animals and 3 unweaned litters of stray, abandoned, abused or owner-surrendered companion animals in a calendar year.

SECTION  5. Endangerment

Chapter 272 of the General Laws, as appearing in the 2002 Official Edition,  is hereby amended in Section 77 by adding the following new section:

Section 77A. Endangerment

A person is guilty of endangering the welfare of a companion animal or companion livestock if that person: 

A. Knowingly or recklessly acts in a manner likely to be injurious to the physical welfare of a companion animal or companion livestock as defined in section 136A of chapter 140 of the general laws; or 

B. Is an owner or keeper legally charged with the care or custody of a companion animal or companion livestock and fails or refuses to exercise reasonable diligence, care or control in any action that places in jeopardy the physical

well-being of the companion animal or companion livestock.

C. Penalties: Endangering the welfare of a companion animal or

companion livestock is punishable pursuant to section 77 of chapter 272 of the general laws.

SECTION 6. Abuse prevention: Remedies/Orders

Section 3 of chapter 209A of the General Laws, as appearing in the 2002 Official Edition, is hereby amended after section (i) by adding the following new section:

(j) Ordering the care, custody or control of any companion animal or companion livestock owned, possessed, leased, kept or held by either party or a minor child residing in the household.