The Rhode Island Senate has approved legislation that would “help protect the interest of pets that become part of a court proceeding,” according to a press release issued by the Rhode Island General Assembly on May 9.
Rhode Island state Sen. John Tassoni Jr., the bill’s primary sponsor, was quoted in the press release as saying, “If the eventual welfare of a pet is being determined by a human being sitting on a court bench, those dogs or cats need a human to recommend how they should be treated. … Abuse or abandonment of animals is a horrible thing. … I would feel better knowing that a (Department of Environmental Management) veterinarian or a representative of the (Society for the Prevention of Cruelty to Animals) is there (in) court, speaking for any pet that relies on humans for its well-being.”
Relevant text in the bill reads: “The director of the Department of Environmental Management may designate a department veterinarian or veterinarians to act as animal advocates. A general agent or special agent from the Rhode Island Society for the Prevention of Cruelty to Animals may also act in that capacity. The animal advocate shall make recommendations to any court before which the custody or well-being of an animal is at issue.”
The bill, which was co-sponsored by Rhode Island state Sens. Erin Lynch, Rhoda Perry, and Michael Pinga, was approved by a 37-1 vote. Rhode Island state Sen. Nicholas Kettle — whose biography indicates that he’s a 21-year-old college student, was elected in 2010, and has worked at Cracker Barrel — voted against the legislation.
According to an Associated Press report in the Providence Journal, the bill “now moves to the (Rhode Island House of Representatives), which is already considering its own version of the bill.”
Would that I could feel totally assured that Rhode Island lawmakers will — if this legislation is enacted — make good on their legislative promise to “protect the interest of pets that become part of a court proceeding.”
In an e-mail to Dennis Tabella, co-founder and director of Defenders of Animals, and Lee Hall, vice president for legal affairs at Friends of Animals, I wrote, “While the bill seems like a positive piece of legislation, we all know that state agencies don’t always have animals’ best interests in mind, even when we expect them to. While the bill would provide more protection and advocacy than is currently offered in Rhode Island statutorily, I worry about its implementation — about who would be designated an animal’s advocate, etc.”
In his response, Tabella, whose organization, Defenders of Animals, is based in Providence, Rhode Island, wrote, “We think that the proposed legislation should have included other individuals.”
Tabella told me that “the (Rhode Island) state veterinarian has not always taken positions in the best interest of animals.” He also expressed concern about the character of the director of the Rhode Island SPCA. (He was more specific, but I’ll leave it at that, for now.) Tabella also told me that Defenders of Animals has in the past taken advantage of a state law pertaining to victims’ rights to speak on behalf of animals in court.
Per Rhode Island law, “the victim of the criminal offense shall be afforded the opportunity to address the court regarding the impact which the defendant’s criminal conduct has had upon the victim. … any person, association or other group of persons may file a community impact statement with the court prior to the imposition of sentence on a defendant.”
Responding to my e-mail on behalf of Friends of Animals, Hall wrote, “What stands out to me is the overly dramatic description of this proposal. This legislation has been glorified as a means to ‘give animals a voice before the courts.’ I’d like to see the proposal discussed in a sober manner. As we understand it, the law will ensure that a person selected by the Department of Environmental Management will offer the court more information than a prosecutor normally would. Prosecutions for animal maltreatment without genuine investigations can devastate decent pet owners, so this second-opinion concept could be beneficial if the DEM veterinarian or representative of the Rhode Island SPCA acts and speaks with pure motivations. Thus, though the law could be helpful if it’s followed with integrity, let’s be clear: The state-designated person — not the animal — would be the one with the voice.”





