By Mr. Montigny, a petition (accompanied by bill, Senate, No. 1459) of Mark C. Montigny, Mark D. Sylvia, Michael O. Moore, James K. Hawkins and other members of the General Court for legislation to impound dangerous dogs pending a public hearing. Municipalities and Regional Government.
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Date
Branch
Action
11/19/2025
Senate
11/19/2025 SenateBill reported favorably by committee and referred to the committee on Senate Rules
6/3/2025
Joint
6/3/2025 JointHearing scheduled for 06/10/2025 from 01:00 PM-05:00 PM in B-1
2/27/2025
House
2/27/2025 HouseHouse concurred
2/27/2025
Senate
2/27/2025 SenateReferred to the committee on Municipalities and Regional Government
Section 157 of chapter 140 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting in subsection (a), in line 26, the following paragraph:-
If a hearing authority, as defined in section 136A of this chapter, seeks that a dog be impounded pending the public hearing following: (i) a complaint for a dangerous dog or (ii) a notice of violation that a dog is being kept in violation of this section or in violation of an order issued under this section by a hearing authority or a court, the hearing authority shall file a petition in the district court to request an order of impoundment at a facility the municipality uses to shelter animals. Should the hearing authority seek to impound any dog, who has bitten and broken the skin of a human or animal, for any length of time beyond any state mandated quarantine period, an order of impoundment must be requested. A municipality shall not incur liability for failure to request impoundment of a dog under this subsection. A justice of a district court, upon probable cause to believe that a dog is a dangerous dog or that a dog is being kept in violation of this section or in violation of an order issued under this section by a hearing authority or a court, may issue an order:
(i) of restraint;
(ii) of confinement of the dog as considered necessary for the safety of other animals and the public; provided, however, that if an order of confinement is issued, the person to whom the order is issued shall confine the dog in accordance with clause (ii) of subsection (d);
(iii) of impoundment in a humane place of detention that the municipality uses to shelter animals; or
(iv) any other action as the court deems necessary to protect other animals and the public from the dog.
▸SECTION 2
Section 157 of chapter 140 of the General Laws is hereby further amended by inserting, in line 27, after the word "complaint” the following words:- and of any violations of orders issued under this section
▸SECTION 3
Section 157 of chapter 140 of the General Laws is hereby further amended by striking out the words “or a dangerous dog” and inserting in place thereof the following words:- , a dangerous dog or whether a violation of an order issued under this section has been found
▸SECTION 4
Section 157 of chapter 140 of the General Laws hereby further amended in subsection (a)(4), in line 29, by inserting after the first sentence of the second paragraph, the following 3 sentences:-
If the biting dog has broken skin of a human or domestic animal, then an animal control officer, police officer, or hearing authority may order the dog, while outside of an enclosed structure, be leashed and wear a humane basket or basket-type muzzle until the hearing. The hearing authority shall hold the public hearing within 30 days of the complaint after adequate notice, unless continued by agreement of both parties. Failure to provide such notice shall result in a dismissal with prejudice.
▸SECTION 5
Section 157 of chapter 140 of the General Laws is hereby further amended by inserting, in line 30, after the word "hearing,” the following words:- for a complaint, which shall be limited to the issues in the hearing notice
▸SECTION 6
Section 157 of chapter 140 of the General Laws is hereby further amended by inserting at the end of the second paragraph, in line 35, following sentence:- Based on credible evidence and testimony presented at the public hearing for a violation, which shall be limited to the issues in the violation notice, the hearing authority shall: (i) dismiss the violation; or (ii) make a finding that the violation has occurred. Following a finding that a violation has occurred, the hearing authority may order additional requirements pursuant to subsections (b) and (c) of this section.
▸SECTION 7
Subsection (c) of section 157 of chapter 140 of the General Laws is hereby further amended by striking out the entirety of subsection (c)(ii) and inserting in place thereof the following subsection-
(ii) that the dog be confined to the premises of the keeper of the dog; provided, however, that ''confined'' shall mean securely confined indoors or confined outdoors; a dog confined outdoors must be kept in a fenced-in area that includes an egress to the indoors and a locked gate and is surrounded with at least a 6-foot high fence with a privacy barrier, or in a securely enclosed and locked pen; the owner or keeper shall ensure that the dog cannot escape by digging and that no natural or artificial items near the edges of the fenced-in area or locked pen would permit a dog to jump or climb over the fence or pen; the dog must be able to move freely and the dog’s food must be able to be placed eight feet from where the dog can urinate or defecate, provided such excretions shall be removed daily; and provided further that within the confines of such pen or dog run, a dog house or proper shelter from the elements shall be provided to protect the dog;
▸SECTION 8
Section 157 of chapter 140 of the General Laws is hereby further amended by inserting in subsection (c)(iii), in line 58, after the word "muzzle” the following words:- with a basket or basket-type muzzle
▸SECTION 9
Section 157 of chapter 140 of the General Laws is hereby further amended by striking, in line 82, the word “or” and inserting in place thereof the following:-
(vii) that the owner or keeper of the dog consults with a veterinarian, behaviorist, or trainer to develop a public safety and behavior modification plan that exclusively employs evidence-based training techniques that do not result in pain, discomfort, fear or anxiety; provided that electric, prong or choke collars shall not be used as part of this modification plan; further all professionals involved in said modification plan shall be educated in and employ methods that adhere to the principles of the American Veterinary Society of Animal Behavior and the American College of Veterinary Behaviorists; or
▸SECTION 10
Section 157 of chapter 140 of the General Laws is hereby amended by striking out in subsection (c), in line 83, the number “(vii)” and inserting in place thereof the following number:- (viii)
▸SECTION 11
Section 157 of chapter 140 of the General Laws is hereby further amended by inserting, in line 84, before the word “No”, the following figure:- (d)
▸SECTION 12
Section 157 of chapter 140 of the General Laws is hereby further amended by inserting, in line 85, after the word "removed” the following words:- or excluded
▸SECTION 13
Section 157 of chapter 140 of the General Laws is hereby further amended by inserting, in line 88, the following subsection:- (e) Once the complaint has been filed and the owner or keeper notified, the owner or keeper shall not transfer ownership of the dog.
▸SECTION 14
Section 157 of chapter 140 of the General Laws is hereby further amended by striking, in line 88, the figure “(d)” and inserting in place thereof the following figure:- (f)
▸SECTION 15
Section 157 of chapter 140 of the General Laws is hereby further amended by striking, in line 88, the word “an” and inserting in place thereof the following words:- receipt of a written
▸SECTION 16
Section 157 of chapter 140 of the General Laws is hereby further amended by striking, in line 89, the word "inclusive” and by inserting the following words:- inclusive, or (j)
▸SECTION 17
Section 157 of chapter 140 of the General Laws is hereby further amended by striking, in line 89, the word “a” and inserting in place thereof the following word:- the
▸SECTION 18
Section 157 of chapter 140 of the General Laws is hereby further amended by inserting, in line 89, after the word "dog” the following words:- or the complainant
▸SECTION 19
Section 157 of chapter 140 of the General Laws is hereby further amended by inserting, in line 95, after the word "affirm” the following words:- or otherwise resolve
▸SECTION 20
Section 157 of chapter 140 of the General Laws is hereby further amended by striking, in line 97, the word “A” and inserting in place thereof the following word:- Either
▸SECTION 21
Section 157 of chapter 140 of the General Laws is hereby further amended by striking, in line 99, the word "court” and inserting in place thereof the following:- court, provided such request must be made within 10 days after receipt of the written decision of the magistrate
▸SECTION 22
Section 157 of chapter 140 of the General Laws is hereby further amended by striking, in line 100, the figure “(e)” and inserting in place thereof the following figure:- (g)
▸SECTION 23
Section 157 of chapter 140 of the General Laws is hereby further amended by striking, in line 100, the number “(1)”.
▸SECTION 24
Section 157 of chapter 140 of the General Laws is hereby further amended by striking, in line 100, the phrase “an owner or keeper” and inserting in place thereof the following words:- either party
▸SECTION 25
Section 157 of chapter 140 of the General Laws is hereby further amended by striking, in line 101, the figure “(d)” and inserting in place thereof the following figure: - (f)
▸SECTION 26
Section 157 of chapter 140 of the General Laws is hereby further amended by striking, in line 106, the number “(2)”.
▸SECTION 27
Section 157 of chapter 140 of the General Laws is hereby further amended by striking, in line 118, the figure “(f)” and inserting in place thereof the following figure: - (h)
▸SECTION 28
Section 157 of chapter 140 of the General Laws is hereby further amended by striking, in line 119, the figure “(d)” and inserting in place thereof the following figure: - (f)
▸SECTION 29
Section 157 of chapter 140 of the General Laws is hereby further amended by inserting, in line 124, after the word "parties” the following words:- except for the provisions outlined in section 4 of chapter 249
▸SECTION 30
Section 157 of chapter 140 of the General Laws is hereby further amended by striking, in line 125, the figure “(g)” and inserting in place thereof the following figure:- (i)
▸SECTION 31
Section 157 of chapter 140 of the General Laws is hereby further amended by striking, in line 144, the figure “(h)” and inserting in place thereof the following figure: - (j)
▸SECTION 32
Section 157 of chapter 140 of the General Laws is hereby further amended by inserting, in line 145, after the word "section,” the following words:- after obtaining a court order,
▸SECTION 33
Section 157 of chapter 140 of the General Laws is hereby further amended by inserting, in line 146, after the word "officer” the following words:- pursuant to section 158 of chapter 140
▸SECTION 34
Section 157 of chapter 140 of the General Laws is hereby further amended by inserting, in line 146, after the word "the” the following words:- owner or
▸SECTION 35
Section 157 of chapter 140 of the General Laws is hereby further amended by inserting, in line 149, after the word "seizure” the following words:- in writing
▸SECTION 36
Section 157 of chapter 140 of the General Laws is hereby further amended by inserting, in line 149, after the word "such” the following words:- written
▸SECTION 37
Section 157 of chapter 140 of the General Laws is hereby further amended by inserting, in line 150, after the word "authority” the following words:- for a public hearing
▸SECTION 38
Section 157 of chapter 140 of the General Laws is hereby further amended by striking, in line 151, the words “shall” and inserting in place thereof the following words:- may
▸SECTION 39
Section 157 of chapter 140 of the General Laws is hereby further amended by striking, in line 152, the words “in the person’s possession” and inserting in place thereof the following words:- of the dog that is the subject of the violation
▸SECTION 40
Section 157 of chapter 140 of the General Laws is hereby further amended by striking, in line 153, the word “shall” and inserting in place thereof the following word:- may
▸SECTION 41
Section 157 of chapter 140 of the General Laws is hereby further amended in subsection (h) by striking the last sentence.
▸SECTION 42
Section 157 of chapter 140 of the General Laws is hereby further amended by striking subsection (i).
▸SECTION 43
Section 157 of chapter 140 of the General Laws is hereby further amended by inserting the following new subsection:-
(k) A hearing authority that determines that a dog is dangerous or a nuisance or that a dog owner or keeper has violated an order issued under this section shall report such violations to the issuing licensing authority within 30 days. Orders issued by a hearing authority shall be valid throughout the commonwealth unless overturned under subsection (f) or (h).
Show raw text
SECTION 1. Section 157 of chapter 140 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting in subsection (a), in line 26, the following paragraph:-
If a hearing authority, as defined in section 136A of this chapter, seeks that a dog be impounded pending the public hearing following: (i) a complaint for a dangerous dog or (ii) a notice of violation that a dog is being kept in violation of this section or in violation of an order issued under this section by a hearing authority or a court, the hearing authority shall file a petition in the district court to request an order of impoundment at a facility the municipality uses to shelter animals. Should the hearing authority seek to impound any dog, who has bitten and broken the skin of a human or animal, for any length of time beyond any state mandated quarantine period, an order of impoundment must be requested. A municipality shall not incur liability for failure to request impoundment of a dog under this subsection. A justice of a district court, upon probable cause to believe that a dog is a dangerous dog or that a dog is being kept in violation of this section or in violation of an order issued under this section by a hearing authority or a court, may issue an order:
(i) of restraint;
(ii) of confinement of the dog as considered necessary for the safety of other animals and the public; provided, however, that if an order of confinement is issued, the person to whom the order is issued shall confine the dog in accordance with clause (ii) of subsection (d);
(iii) of impoundment in a humane place of detention that the municipality uses to shelter animals; or
(iv) any other action as the court deems necessary to protect other animals and the public from the dog.
SECTION 2. Section 157 of chapter 140 of the General Laws is hereby further amended by inserting, in line 27, after the word "complaint” the following words:- and of any violations of orders issued under this section
SECTION 3. Section 157 of chapter 140 of the General Laws is hereby further amended by striking out the words “or a dangerous dog” and inserting in place thereof the following words:- , a dangerous dog or whether a violation of an order issued under this section has been found
SECTION 4. Section 157 of chapter 140 of the General Laws hereby further amended in subsection (a)(4), in line 29, by inserting after the first sentence of the second paragraph, the following 3 sentences:-
If the biting dog has broken skin of a human or domestic animal, then an animal control officer, police officer, or hearing authority may order the dog, while outside of an enclosed structure, be leashed and wear a humane basket or basket-type muzzle until the hearing. The hearing authority shall hold the public hearing within 30 days of the complaint after adequate notice, unless continued by agreement of both parties. Failure to provide such notice shall result in a dismissal with prejudice.
SECTION 5. Section 157 of chapter 140 of the General Laws is hereby further amended by inserting, in line 30, after the word "hearing,” the following words:- for a complaint, which shall be limited to the issues in the hearing notice
SECTION 6. Section 157 of chapter 140 of the General Laws is hereby further amended by inserting at the end of the second paragraph, in line 35, following sentence:- Based on credible evidence and testimony presented at the public hearing for a violation, which shall be limited to the issues in the violation notice, the hearing authority shall: (i) dismiss the violation; or (ii) make a finding that the violation has occurred. Following a finding that a violation has occurred, the hearing authority may order additional requirements pursuant to subsections (b) and (c) of this section.
SECTION 7. Subsection (c) of section 157 of chapter 140 of the General Laws is hereby further amended by striking out the entirety of subsection (c)(ii) and inserting in place thereof the following subsection-
(ii) that the dog be confined to the premises of the keeper of the dog; provided, however, that ''confined'' shall mean securely confined indoors or confined outdoors; a dog confined outdoors must be kept in a fenced-in area that includes an egress to the indoors and a locked gate and is surrounded with at least a 6-foot high fence with a privacy barrier, or in a securely enclosed and locked pen; the owner or keeper shall ensure that the dog cannot escape by digging and that no natural or artificial items near the edges of the fenced-in area or locked pen would permit a dog to jump or climb over the fence or pen; the dog must be able to move freely and the dog’s food must be able to be placed eight feet from where the dog can urinate or defecate, provided such excretions shall be removed daily; and provided further that within the confines of such pen or dog run, a dog house or proper shelter from the elements shall be provided to protect the dog;
SECTION 8. Section 157 of chapter 140 of the General Laws is hereby further amended by inserting in subsection (c)(iii), in line 58, after the word "muzzle” the following words:- with a basket or basket-type muzzle
SECTION 9. Section 157 of chapter 140 of the General Laws is hereby further amended by striking, in line 82, the word “or” and inserting in place thereof the following:-
(vii) that the owner or keeper of the dog consults with a veterinarian, behaviorist, or trainer to develop a public safety and behavior modification plan that exclusively employs evidence-based training techniques that do not result in pain, discomfort, fear or anxiety; provided that electric, prong or choke collars shall not be used as part of this modification plan; further all professionals involved in said modification plan shall be educated in and employ methods that adhere to the principles of the American Veterinary Society of Animal Behavior and the American College of Veterinary Behaviorists; or
SECTION 10. Section 157 of chapter 140 of the General Laws is hereby amended by striking out in subsection (c), in line 83, the number “(vii)” and inserting in place thereof the following number:- (viii)
SECTION 11. Section 157 of chapter 140 of the General Laws is hereby further amended by inserting, in line 84, before the word “No”, the following figure:- (d)
SECTION 12. Section 157 of chapter 140 of the General Laws is hereby further amended by inserting, in line 85, after the word "removed” the following words:- or excluded
SECTION 13. Section 157 of chapter 140 of the General Laws is hereby further amended by inserting, in line 88, the following subsection:- (e) Once the complaint has been filed and the owner or keeper notified, the owner or keeper shall not transfer ownership of the dog.
SECTION 14. Section 157 of chapter 140 of the General Laws is hereby further amended by striking, in line 88, the figure “(d)” and inserting in place thereof the following figure:- (f)
SECTION 15. Section 157 of chapter 140 of the General Laws is hereby further amended by striking, in line 88, the word “an” and inserting in place thereof the following words:- receipt of a written
SECTION 16. Section 157 of chapter 140 of the General Laws is hereby further amended by striking, in line 89, the word "inclusive” and by inserting the following words:- inclusive, or (j)
SECTION 17. Section 157 of chapter 140 of the General Laws is hereby further amended by striking, in line 89, the word “a” and inserting in place thereof the following word:- the
SECTION 18. Section 157 of chapter 140 of the General Laws is hereby further amended by inserting, in line 89, after the word "dog” the following words:- or the complainant
SECTION 19. Section 157 of chapter 140 of the General Laws is hereby further amended by inserting, in line 95, after the word "affirm” the following words:- or otherwise resolve
SECTION 20. Section 157 of chapter 140 of the General Laws is hereby further amended by striking, in line 97, the word “A” and inserting in place thereof the following word:- Either
SECTION 21. Section 157 of chapter 140 of the General Laws is hereby further amended by striking, in line 99, the word "court” and inserting in place thereof the following:- court, provided such request must be made within 10 days after receipt of the written decision of the magistrate
SECTION 22. Section 157 of chapter 140 of the General Laws is hereby further amended by striking, in line 100, the figure “(e)” and inserting in place thereof the following figure:- (g)
SECTION 23. Section 157 of chapter 140 of the General Laws is hereby further amended by striking, in line 100, the number “(1)”.
SECTION 24. Section 157 of chapter 140 of the General Laws is hereby further amended by striking, in line 100, the phrase “an owner or keeper” and inserting in place thereof the following words:- either party
SECTION 25. Section 157 of chapter 140 of the General Laws is hereby further amended by striking, in line 101, the figure “(d)” and inserting in place thereof the following figure: - (f)
SECTION 26. Section 157 of chapter 140 of the General Laws is hereby further amended by striking, in line 106, the number “(2)”.
SECTION 27. Section 157 of chapter 140 of the General Laws is hereby further amended by striking, in line 118, the figure “(f)” and inserting in place thereof the following figure: - (h)
SECTION 28. Section 157 of chapter 140 of the General Laws is hereby further amended by striking, in line 119, the figure “(d)” and inserting in place thereof the following figure: - (f)
SECTION 29. Section 157 of chapter 140 of the General Laws is hereby further amended by inserting, in line 124, after the word "parties” the following words:- except for the provisions outlined in section 4 of chapter 249
SECTION 30. Section 157 of chapter 140 of the General Laws is hereby further amended by striking, in line 125, the figure “(g)” and inserting in place thereof the following figure:- (i)
SECTION 31. Section 157 of chapter 140 of the General Laws is hereby further amended by striking, in line 144, the figure “(h)” and inserting in place thereof the following figure: - (j)
SECTION 32. Section 157 of chapter 140 of the General Laws is hereby further amended by inserting, in line 145, after the word "section,” the following words:- after obtaining a court order,
SECTION 33. Section 157 of chapter 140 of the General Laws is hereby further amended by inserting, in line 146, after the word "officer” the following words:- pursuant to section 158 of chapter 140
SECTION 34. Section 157 of chapter 140 of the General Laws is hereby further amended by inserting, in line 146, after the word "the” the following words:- owner or
SECTION 35. Section 157 of chapter 140 of the General Laws is hereby further amended by inserting, in line 149, after the word "seizure” the following words:- in writing
SECTION 36. Section 157 of chapter 140 of the General Laws is hereby further amended by inserting, in line 149, after the word "such” the following words:- written
SECTION 37. Section 157 of chapter 140 of the General Laws is hereby further amended by inserting, in line 150, after the word "authority” the following words:- for a public hearing
SECTION 38. Section 157 of chapter 140 of the General Laws is hereby further amended by striking, in line 151, the words “shall” and inserting in place thereof the following words:- may
SECTION 39. Section 157 of chapter 140 of the General Laws is hereby further amended by striking, in line 152, the words “in the person’s possession” and inserting in place thereof the following words:- of the dog that is the subject of the violation
SECTION 40. Section 157 of chapter 140 of the General Laws is hereby further amended by striking, in line 153, the word “shall” and inserting in place thereof the following word:- may
SECTION 41. Section 157 of chapter 140 of the General Laws is hereby further amended in subsection (h) by striking the last sentence.
SECTION 42. Section 157 of chapter 140 of the General Laws is hereby further amended by striking subsection (i).
SECTION 43. Section 157 of chapter 140 of the General Laws is hereby further amended by inserting the following new subsection:-
(k) A hearing authority that determines that a dog is dangerous or a nuisance or that a dog owner or keeper has violated an order issued under this section shall report such violations to the issuing licensing authority within 30 days. Orders issued by a hearing authority shall be valid throughout the commonwealth unless overturned under subsection (f) or (h).