S. 1277/H. 1934: An Act Preventing Animal Cruelty
MSPCA Position: Support
Sponsor: Senator John Velis; Representatives Ted Philips
Status: Referred to Joint Committee on the Judiciary
These bills create a civil process to allow for the removal of an animal or obtain orders to ameliorate specific types of neglect to ensure an animal is safe without requiring criminal charges. Massachusetts only has a felony animal cruelty offense. However, there are times when such a penalty may not be appropriate or helpful (when mental health may be an issue, for example) but animals are still suffering or otherwise kept in violation of the animal cruelty statute. The goal of these bills is to ensure animals are safe from cruel situations – allowing the need for animal cruelty charges to be evaluated depending on the situation and what would be most effective and just for both animals and people.
While nothing in this measure would prevent the pursuit of criminal charges for any situation regarding suspected animal cruelty when warranted, the establishment of a civil process option — where a court can render a decision, based on the evidence, regarding a lack of care for a companion animal — is good for law enforcement, good for shelters, good for social justice and of course good for companion animals. This procedure is not a new concept; it is used successfully in other states where, when appropriate, it provides a sound and fair means to move animals from harm’s way without having to charge the owner with a felony-level crime.
