Animal Cruelty and Veterinary Care

An Act to Ensure Adequate Care of Animals in Cities and Towns
H. 2326
Update: Passed the House on May 17, 2012

Sponsor:  Representative Kafka

 
Co-sponsors:     

MSPCA position: Support 

This bill would clarify the already existing parameters of the Massachusetts’ animal cruelty laws.  It would explain, rather than expand, the current law.
 
The amendment was carefully drafted with specific language to distinguish the more egregious cases where it is obvious that veterinary care is necessary to relieve an animal’s unnecessary suffering, and not to other circumstances where an animal’s suffering may not be reasonably obvious or apparent.

The proposed amendment will eliminate any uncertainty that might be alleged or exist, and would obviate the temptation to judicially parse some of the broad language of the established animal cruelty statute.  Enacting the proposed amendment would clarify the existing animal cruelty laws and will give unequivocal clarification to animal owners that they have an obligation to address their animals’ unnecessary suffering.

While the wording varies from state to state, over twenty states have some kind of provision in their animal cruelty statutes mandating that pet owners and caregivers provide necessary medical or veterinary care.  Some statutes create more defined responsibilities than others. For example, both Maine and Vermont expressly define depriving an animal of “necessary medical attention” as violations of their animal cruelty statutes.

Cases of this nature do occur.  For example, in one case, MSPCA law enforcement officers discovered a dog that had a tumor growing from her external genitalia that had been ignored by her owner, and had actually grown to the size of a small grapefruit.  The tumor dragged on the ground and interfered with the dog’s ambulation. Although this case was resolved in the dog’s best interest without criminal prosecution, this particular factual scenario, and others like it, regrettably is not unique.  If this bill is enacted, cases involving extreme neglect will occur less frequently as a result of express responsibilities clarified for animal caregivers.

Additionally, this bill will require the animal control officer to maintain a list of resources to residents (many already do) who are unable to care for animal to help prevent these types of cases.

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