Massachusetts S 1277: An Act relative to military grade controlled property

Bill Text

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SENATE DOCKET, NO. 1108 FILED ON: 1/15/2025
SENATE . . . . . . . . . . . . . . No. 1277

The Commonwealth of Massachusetts
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PRESENTED BY:
John C. Velis
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to the humane protection of animals.
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PETITION OF:

NAME: DISTRICT/ADDRESS:
John C. Velis Hampden and Hampshire
Joanne M. Comerford Hampshire, Franklin and Worcester 1/29/2025
Michael O. Moore Second Worcester 2/3/2025
Michael D. Brady Second Plymouth and Norfolk 2/11/2025
James K. Hawkins 2nd Bristol 2/11/2025
Jacob R. Oliveira Hampden, Hampshire and Worcester 2/11/2025
James B. Eldridge Middlesex and Worcester 2/11/2025
Vanna Howard 17th Middlesex 2/14/2025
Bruce E. Tarr First Essex and Middlesex 2/26/2025
Adam J. Scanlon 14th Bristol 3/5/2025
Paul W. Mark Berkshire, Hampden, Franklin and
Hampshire
3/14/2025
Patrick M. O'Connor First Plymouth and Norfolk 3/21/2025
Manny Cruz 7th Essex 3/25/2025
Rebecca L. Rausch Norfolk, Worcester and Middlesex 4/8/2025
John J. Cronin Worcester and Middlesex 4/25/2025
Paul R. Feeney Bristol and Norfolk 4/28/2025
Pavel M. Payano First Essex 7/2/2025

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SENATE DOCKET, NO. 1108 FILED ON: 1/15/2025
SENATE . . . . . . . . . . . . . . No. 1277
By Mr. Velis, a petition (accompanied by bill, Senate, No. 1277) of John C. Velis, Joanne M.
Comerford, Michael O. Moore, Michael D. Brady and other members of the General Court for
legislation relative to the humane protection of animals. The Judiciary.

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1142 OF 2023-2024.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act relative to the humane protection 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:

1 Chapter 140 of the General Laws, as appearing in the 2022 Official Edition, is hereby
2 amended by inserting after section 151C the following section:-
3 Section 151D. (a) For the purposes of this section:-
4 “Enforcing authority” shall include: any law enforcement officer, animal control officer
5 certified under section 151 of chapter 140, special state police officer duly appointed by the
6 colonel of the state police at the request of the Massachusetts Society for the Prevention of
7 Cruelty to Animals or the Animal Rescue League of Boston under section 57 of chapter 22C,
8 sheriff or deputy sheriff.

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9 “Neglected” shall include, but not be limited to the following: (i) depriving the animal of
10 necessary sustenance; (ii) failing to provide the animal with proper food, drink, shelter, sanitary
11 environment, or protection from the weather; or (iii) allowing or permitting the animal to be
12 subjected to unnecessary suffering.
13 (b) To humanely protect any neglected animal, the enforcing authority may, upon
14 probable cause to be believe an animal has been neglected:
15 (1) Immediately remove an animal in an emergency situation from the animal’s present
16 location in order to take custody of the animal if the enforcing authority has an objectively
17 reasonable basis to believe that the animal is injured or in imminent danger of physical harm,
18 provided the enforcing authority’s conduct following entry for removal is reasonable under the
19 circumstances. A petition pursuant to this section shall be filed with the district court of the
20 county in which the animal is located within 10 calendar days of removal of the animal seeking
21 relief under this section;
22 (2) File a petition with the district court of the county in which the animal is located
23 seeking authority to order the owner or keeper of any animal found neglected to provide certain
24 care to such animal at the expense of the owner or keeper without removal of the animal from its
25 present location; or
26 (3) File a petition with the district court of the county in which the animal is located
27 seeking authority to seize the animal.
28 (c) Upon the filing of a petition pursuant to this section, wherein the enforcing authority
29 is seeking relief pursuant to this section, the clerk magistrate of the district court shall schedule
30 and commence a hearing on the petition before the justice of the district court within 10 calendar

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31 days of the date the petition is filed to determine whether the animal is neglected and whether the
32 owner or keeper, if known, is able to humanely care for the animal. If there is any period of delay
33 beyond the initial 10 calendar days before a hearing can commence, and that delay is attributable
34 to the enforcing authority, the owner or keeper shall not be required to cover the cost of animal
35 care for such period of