Stakeholders Laud Representative Linda Dean Campbell’s Efforts
Methuen, January 27, 2017 – Animal protection organizations, District Attorneys and municipal officials lauded Representative Linda Dean Campbell for passing a bill that will remedy problems that occur when animals must be seized as the result of animal cruelty investigations
An Act relative to the posting of a security for seized animals in cruelty cases, sponsored by Representative Linda Dean Campbell (D-Methuen) was signed Governor Baker on January 13. It will become effective on April 14.
The seizure of an animal by authorities can be a complicated issue because law enforcement officials must hold seized animals as evidence and thus the animals cannot be adopted or returned to an owner until the case has been resolved by a court, which may be quite a long time. Animals are different than other seized property– they must receive food, water, board, and often-extensive medical care. This can become an extreme financial hardship for authorities – which include cities and towns – that have rescued animals from a cruel or neglectful situation.
Animals kept in confinement for long periods of time are subject to many behavioral and medical problems. For dogs and cats these can manifest as aggression, the loss of house or litterbox training, or obsessive behaviors such as chewing and gnawing on themselves. And, medically, stress can result in a suppressed immune system, making animals susceptible to infectious diseases.
Past law has allowed for an authority that seizes an animal under animal cruelty or fighting statutes to request the court to order a defendant to post a bond to cover the costs of caring for the animal during the time the animal is held until the case is adjudicated. This new law will help entities – including cities and towns – that shoulder the cost of often large-scale seizures. H. 1220 allows the district attorney to file the petition for the bond, streamlining the process. In addition, since animal cruelty became a felony in 2004, some of the language in the statute is now outdated and has now been fixed with this bill.
“I am very optimistic about the positive impact this bill will have to expedite animal cruelty cases, promote better treatment of animals, and remove a financial and administrative burden on cities and towns” said Representative Linda Dean Campbell.”
“This bill contained important amendments to improve upon a law enacted more than a decade ago and that became clearly needed. These changes will help entities that must seize animals in the worst cruelty situations.” said Kara Holmquist, director of advocacy at the MSPCA.
“The organizations that care for and shelter the animals currently can request the court to order the accused to post a bond to cover the costs of sheltering the animal,” said Nadine Pellegrini, ARL’s Director of Advocacy. “Allowing the Attorney General and District Attorneys to also file the petition for a bond will be an addition, and hopefully, more efficient tool which will streamline the procedure during the course of the case and lead to a quicker resolution.”
With the passage of this bill, prosecutors will have another tool to ensure that animals that are the subject of cruelty charges will be able to receive appropriate and timely care,” said District Attorney Ryan. “This is an important step to ensure the costs of caring for an alleged abused animal will not fall on those trying to assist the animal, but rather on the individual responsible for causing the animal harm.”
“As an organization that cares for thousands of animals each year, we know how much care the animals that have been seized in cruelty cases need. We are thankful that Representative Campbell’s bill will help animals in these situations,” stated Carter Luke, president of the MSPCA-Angell.
The new law has the support of the Massachusetts District Attorney Association (MDAA), many police departments and animal control officers, and animal protection organizations.
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