Pet Custody, Cruelty Bills Aim to Aid Animals

STATE HOUSE — Four bills submitted before the RI House would establish pet custody process for separated couples, create an animal cruelty registry, and award pets to victims in domestic abuse cases.

Dennis Tarbella, Director of Defenders of Animals, a non-profit dedicated to the protection, care and advocacy of sick, injured and homeless animals, listed four bills before the House during the current legislation, two that would create a pet custody process for separating spouses and couples, one that would create a registry of felons convicted of animal cruelty, and a fourth that would award custody of pets to the plaintiff in domestic violence cases.

In 2019, Rhode Island added language to its law on protection orders in domestic abuse circumstances that protects household pets. Upon petition, a judge may order that a defendant vacate the household immediately, and “further provide in the order for the safety and welfare of all household animals and pets,” Animallaw.info reports.

One House Bill, 7088, introduced by Rep. William W. O’Brien, (D-Dist. 54, North Providence) goes further, creating a custody procedure for pets in divorce and separation proceedings based on the best interests of the animal. Service animals would not be affected.

The bill was recommended held for further study Jan. 25, and has been tabled in lieu of  a similar bill, House Bill 7087, introduced by Rep. Charlene Lima (D-Dist. 14, Cranston, Providence) That bill was passed in the House March 22 and sent to the Senate Judiciary Committee for consideration March 24.

When reached for comment Tuesday, O’Brien said the bill establishes pet ownership as a custody decision, rather than a property decision.

“I think it has a good chance of passing on the Senate side,” O’Brien said, noting that the Senate President, Dominick J. Ruggerio (D-Dist. 4, North Providence, Providence) is an animal lover. Also, he said, “He did say he was willing to pass it.”

That’s good news for one domestic abuse survivor, Jane, (a pseudonym to protect her identity), who recently extricated herself and her 10-year-old son from an abusive relationship.

“For a year I almost died, I lost so much weight trying to find a way out,” Jane said.

Her dog, a small white and brown beagle mix, was not so lucky. He still remains with her abuser, Jane said.

“The judge gave me a year protection, an extra year restraining order, but no protection for my dog,” she said.

“This is what this bill is designed to stop,” said O’Brien, who is familiar with Jane’s struggles and her dog’s dangerous home. “We have proof that he’s cruel to animals,” O’Brien said.

Lima’s bill gives people like Jane legal recourse to get their pets out of abusive homes along with the rest of their family.

“I’m so ecstatic and determined he will be back with me and saved from neglect, abuse and being used for control,” Jane said.

O’Brien said the only thing working against the bill passing is the enormous, though understandable, focus on gun control legislation in the General Assembly at the moment. There are only a few weeks left in this year’s legislative session, he said, so it will take effort to keep legislators’ attention focused on other bills for the balance of the session.

“So it’s going to be tough, but it’s not impossible, O’Brien said.

House Bill No. 7087

BY  C Lima, Knight, Bennett, Casimiro, Solomon, Azzinaro, S Lima

ENTITLED, AN ACT RELATING TO DOMESTIC RELATIONS — DIVORCE AND SEPARATION

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01/12/2022 Introduced, referred to House Judiciary

01/21/2022 Scheduled for hearing and/or consideration (01/25/2022)

01/25/2022 Committee recommended measure be held for further study

03/04/2022 Scheduled for consideration (03/10/2022)

03/10/2022 Committee recommends passage

03/18/2022 Placed on House Calendar (03/22/2022)

03/22/2022 House read and passed

03/24/2022 Referred to Senate Judiciary

House Bill No. 7088 

BY  J Lombardi, Hull, Cassar, Morales

ENTITLED, AN ACT RELATING TO DOMESTIC RELATIONS — DOMESTIC ABUSE PREVENTION (Permits the family court to award custody of household pets to the plaintiff in a domestic abuse complaint.)

{LC3739/1}

01/12/2022 Introduced, referred to House Judiciary

01/21/2022 Scheduled for hearing and/or consideration (01/25/2022)

01/25/2022 Committee recommended measure be held for further study

House Bill No. 6624 

BY  Corvese

ENTITLED, AN ACT RELATING TO ANIMALS AND ANIMAL HUSBANDRY — ANIMAL ABUSER REGISTRY ACT (Same as 21H-5040 –Creates the “animal abuser registry act” which would require all persons convicted of felonies involving animal abuse, to register with an online registry to be established and maintained by the department of public safety.)

{LC3169/1}

01/06/2022 Introduced, referred to House Judiciary

01/21/2022 Scheduled for hearing and/or consideration (01/25/2022)

01/25/2022 Committee recommended measure be held for further study