I rec'd this from another group. It is from Stan Domozyk. He is an attorney and sometime show photographer... NJ people contact your Assembly person NOW! Ginger Cleary,Rome, GA ww.rihadin.com Those who expect to reap the blessings of freedom, must, like men, undergo the fatigue of supporting it. ~Thomas Paine Member GSDCA Member Sawnee Mtn Kennel Club GA Director Responsible Dog Owners of the Eastern States. ------------------------------------- >> I doubt you remember me, but I like to photograph dog shows and took some >> photographs at your club's Match Show when you invited Jim Deppen to >> judge >> ( I emailed you the photos for the club ). I am also involved with dogs >> through the New Jersey Skylands Labrador Retriever Club, and through that >> club, with the N. J. Federation of Dog Clubs. >> >> Long story short, since my "day job " is being an attorney and because of >> the buzz I heard, I reviewed the proposed new animal cruelty law for New >> Jersey ( Assembly bill #A2649 ). While there are some needed provisions >> in it concerning actual acts of animal cruelty, the bill is packed with >> other provisions which are anti-pet owner and anti-dog breeder. As it reads >> now, its provisions will end dog shows in New Jersey, and make it extremely >> hard for breeders to continue as well. It will allow anyone to accuse anyone >> of animal cruelty, whether true or not, and the accused individuals will >> have absolutely no legal recourse against those making the complaints, even >> when the complaints are later shown to be absolutely without any factual >> basis! >> >> This bill is "flying under the radar" because its original focus was only >> meant to deal with preventing animal cruelty, and people think its >> provisions still deal with those issues alone. The American Kennel Club, >> after reviewing what was in this bill, actually came out with a statement >> on June 6, 2007, opposing the bill. Now how many times do you think the AKC >> has actually come out AGAINST a bill which is to prevent animal cruelty? That >> alone says something. >> >> My point is people concerned about dog owners and dog breeders in New >> Jersey, absolutely need to write their Assembly persons immediately and >> tell them to vote no against this bill as currently written. I have already >> written both my Assembly people, but unless more people start writing >> ASAP, this bill will pass in the very near future and the dog fancy in this >> state will be dealt a death blow. >> >> I have attached the legal analysis I did for the President of the N.J. >> Federation of Dog Clubs' President, so you can see some of the provisions >> I am talking about. I have also attached a copy of the actual bill itself >> in Adobe PDF format, so you can read it directly if you wish. >> >> Please forward this information on to your membership and encourage each >> and every one to contact their N.J. Assembly persons as quickly as possible >> and tell them to oppose this bill. >> >> Ann, thank you for your kind attention to this letter's content. >> >> Best regards, >> >> Stan Domozyk, Esq. (aka the match show photographer) >> ====================== Below are Stan's comments about this bill....remember he IS a lawyer... The following is a summary of certain provisions found in proposed N.J. Assembly Bill 2649. I found these provisions to be of interest because they would probably have a direct impact on those who keep dogs as pets, or who are interested in dogs as a hobby and may breed them. The opinions about these provisions' meeting are strictly my own interpretation and other lawyers may differ as to their legal ramifications. Information given in double brackets refers to the page in the proposed Assembly bill where this provision can be found. Language which is in italics or bold lettering or both, are done by the author to emphasize certain language. The following provisions are of interest: The touching of a dog's "intimate parts" is considered "sexual contact" under this proposed new law. This touching is considered "Aggravated animal abuse". This will become a crime of the 4th degree under the proposed new law. [[ pp.4-6 ]] What this means, since there is no exceptions to these provisions under the current proposed law, is that when a stud dog owner collects his dog, he is committing a crime, when a bitch owner inseminates her bitch, she is committing a crime, when the judge at a dog show examines the males to make sure their testicles have descended, they are committing a crime. For the record, the dog show judge commits a separate crime with each dog he or she examines. [[p.7]] Under the proposed law there is now a separate crime for committing animal cruelty in the presence of a child. So all of the above mentioned acts; collecting, inseminating or judging in front of a minor, is a separate crime in and of itself each and every time it is done. Pity the poor judge who is handling juniors. [[pp.7-8]] A person under the proposed new law would be guilty of "Animal abuse" if they subject an animal to transportation in a cruel manner. This is defined as "carrying a living animal or causing a living animal to be carried, in or upon a vehicle or otherwise, in a cruel or inhumane manner which creates a substantial risk of bodily injury or death, or leaving an animal unattended in a vehicle under inhumane conditions adverse to the health or welfare of the living animal... [[p.6]] Now keep in mind we all know what having an animal unattended in a van is, but inhumane conditions is not defined under this section of the proposed statute. That will be whatever the animal control officer "thinks" it is. If the control officer thinks it is too hot or too cold, or there is not enough water or food, or not enough space in the crate, or not enough air flow through the crate, that will be their call because "inhumane conditions" has no definition under the proposed law. As with the judge example given above, each animal transported under inhumane conditions is a separate offense. [[p.6]] There is a new proposed definition of animal abandonment. A person is guilty of animal abandonment if their animal is left in a place beyond the control, custody or possession of the owner or the person relinquishing possession of the animal. [[p.7]] This under the proposed new law will be a crime of the 4th degree. I have a hard time distinguishing between this set of facts and a situation where a dog escapes from its owner or from its pen. If the dog gets away out of the sight of the owner or handler, but the animal control officer finds it or is directed toward finding it, without the owner in sight, the dog is "abandoned" and the owner would be guilty of the animal abandonment offense. This part of the proposed law gets even better. Should the animal wander within 200 feet of a roadway when it is found, the owner is also liable for an additional $1,000.00 fine. [[p.7]] One must wonder how many of us own property which has a 200 foot offset from any road. If our dogs accidentally get loose be ready to pony up over a grand just for that error. How you restrain your dog would be covered under the new proposed law. A person is guilty of "cruelly restraining a dog" if they chain, tie, fasten or otherwise tether a dog with any collar or similar device ... other than a fitted harness or buckle type collar, attached to a line less than 15 feet. A dog may never be tethered in any location using a choke or prong collar. That would also be considered "cruelly restraining your dog" under the proposed new law. The new law does state that these crimes can be defended against if the owner had a reasonable basis for the restraint, but the law does not go on to define what reasonable basis would be considered. [[p.9]] Without a defined basis under the law, the owner must meet some nebulous mystery standard to show the reason the dog was restrained was correct. Good luck in proving that! Viewing all that has been mentioned above, under the proposed new law there is a provision for "Patterns of animal cruelty". A person commits the crime of "pattern of animal cruelty" if the person commits two or more acts that violate the provisions of the previous sections. It shall not be a defense that the violations were not part of a common plan or scheme, or did not have similar methods of commission. Committing a " Pattern of animal cruelty" is a crime of the 2nd degree. [[p.13]] Just so we are keeping track, crimes of the fourth degree carry a minimum fine of $1,000.00, crimes of the third degree cost $3,000.00, crimes of the second degree carry a minimum fine of $5,000.00, and crimes of the first degree cost $10,000.00, under this proposed new law. [[p.14]] This next section I found to be one of the most amazing provisions of this proposed law. It states that " Any person who has reasonable cause to believe any act of cruelty to an animal has been committed may report the act of animal cruelty, to a law enforcement officer, animal cruelty investigator, humane law enforcement officer, or other person authorized by law to investigate animal cruelty. Anyone acting pursuant to this section in the submitting of a report of animal cruelty under this act shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed. Any such person shall have the same immunity with respect to testimony given in an judicial proceeding resulting from such report." [[pp.17-18]] What this means under the new law, is that any pet owner can be libeled or slandered concerning the care they provide to their animals and they have no legal recourse against the person or people stating this, even if they could later show it is a complete fabrication. I cannot for the life of me imagine what legal benefit could possibly be gained from insulating people who would lie! It must be kept in mind that the truth has been and is currently always a legal defense to accusations of libel or slander. If someone accusing a pet owner of animal cruelty is truly relaying the facts as they know them, they need no further legal protection. You cannot be successfully sued for telling the truth! Only if someone was deliberately lying, would they need the protection of this proposed law. Whose possible agenda would the legislature deliberately be promoting by passing a statute which would promote libel, slander and perjury? It is amazing that dog owners's activities can now become animal cruelty through the most benign behavior, but those who are involved in enforcement of these new laws are now sometimes relieved of the responsibility in how they carry out the enforcement of these new laws. For example shelters and pounds are not required to supply veterinary care to prevent or relieve injury, neglect or disease, nor are they required to provide reasonable access to a clean and adequate exercise area. They are specifically exempted under the new law from having to provide this. Only pet owners have to provide these things to avoid charges of animal cruelty. [[p.9,32]] Another example is that if an animal control officer improperly has an animal put down, they are only liable for a civil penalty of $500.00. [[p.40]] How can a pet owner be charged with fines up to $10,000.00 for an act of animal cruelty, but a professional whose actual job it is to protect animals is only fined $500.00 for actually improperly killing one, in addition to not being immediately terminated for such an action. While we are on the subject of destroying animals, this proposed bill allows "an owner" to "surrender" an animal to a shelter and the shelter then has full power to destroy the animal then and there without further delay. [[p.41]] The only problem with this provision is there is no definition of an "owner" and there is no procedure given for how someone MUST identify ownership of the animal they are surrendering. A nasty neighbor, a juvenile delinquent or someone who stole your dog and now has decided to get rid of it, can simply drop it off at the nearest shelter and you will never know what happened to your dog. Animal control officers are also being given an incredible boost in police power. Under the new law, they will be able to arrest people and conduct searches and seizures without first obtaining a warrant from a judge. [[p.41, p.33]] Whoever thought someone buying a pet in New Jersey, would automatically mean they are giving up their Constitutional rights to due process? There is a reason judges are necessary in the legal system to sign arrest warrants or to sign search warrants. It prevents the abuse of the police power by authorities. I do not understand why anyone would want to place animal control officers beyond this system of checks and balances. If every other police force within New Jersey can successfully operate under a constitutional system and protect the public from every conceivable type of threat , why would animal control officers need special powers which are basically unconstitutional at their core? A case in point. Once provision of the proposed law states the following: A person authorized for animal control can take into custody and impound (1) any dog off the premises of the owner, or of the person keeping or harboring the dog when a properly authorized official or agent thereof have reason to believe the dog is a stray dog. (2) any dog off the premises of the owner, or of the person keeping or harboring the dog, when the dog is without a registration tag. (3) any unattended female dog in season off the premises of the owner, or of the person keeping or harboring the female dog. (4) any dog or other animal which is suspected to be rabid or stray. (5) Any dog or other animal, off the premises of the owner, that is reported to be, or is observed by a certified animal control officer to be, ill, injured or creating a threat to public health, safety or welfare, or otherwise interfering with the enjoyment of the property. [[p.33]] The key provisions we want to focus on is that this law would allow the animal control officer to enter upon your private property without the need for a warrant. The next thing we want to focus on are the rationales given for these entries are too nebulous to provide a standard for entrance in the first place. Number one for instance talks about a dog warden's belief a dog is a stray. I am sorry, but I think an dog warden should KNOW a dog is a stray before he comes on your property and takes it away, not just believe it. As to instance number two, why should anyone take your dog off your property, when he doesn't have his tags on. He is on your property!!! What business is it of the government how you keep your own dogs on your own property? What is the possible public interest is to be protected that would allow a government invasion of your private property on this basis. Same question regarding instance number three regarding a female in heat ON YOUR OWN PROPERTY. You have a right to enjoy your own property in the manner you see fit, so long as it does not interfere with someone else's enjoyment. Having a female dog in heat on your own property does provide a threat to the public welfare as far as I know. Instance number 4, to me is only half right. If a dog was actively displaying behavior which would indicate it was rabid, then yes I could see an animal control officer coming on to private property to take the dog. This is the only instance, out of all five presented in this section of the proposed law, which demonstrates a true threat to the public health, safety and welfare, where an entry onto private property without a warrant might be sanctioned. None of the other five instances present a situation of danger to the public. Instance number 5 is once again too nebulous to be enforceable. What does a threat to public health, safety and welfare mean? Aside from the rabid dog example, I cannot see how this could be applied. The other part of the criteria is absolutely ridiculous; the dog warden removes your dog from your property because he or she thinks it is interfering with your enjoyment of your property? What does that mean? As previously mentioned animal enforcement officers will not only be able to come onto your property as they please under this proposed new law, they will be able to arrest you without a warrant! [[p.47]] An animal owner in this State will really become a second class citizen under this new animal cruelty law. Even more than their power to come on your property or arrest you without a warrant, they will now have prosecutorial power as well. The Society for the Prevention of Cruelty to Animals or similar local county society, shall prosecute the case of an accused individual. [[pp47-48]] Does it not strike anyone odd, that for every other crime in New Jersey, the local police turn the crime over to the municipal prosecutor, and the county police turn the crime over to the county prosecutor and the State Police turn the crime over to the State Deputy Attorney General, but the people who are involved with the prevention of animal cruelty, have to be given prosecutorial powers beyond that of every other law enforcement officer in the State? The separation between law enforcement and prosecution serves to have checks and balances in the application of any criminal law to the public. Why should animal control officers or anyone who fulfills that function be exempt from this separation? Has anyone shown a single instance where an animal cruelty case brought to a municipal or county or State prosecutor prevented the proper prosecution of someone who committed an act of animal cruelty? What purpose would be served in this law by not requiring a act of animal cruelty to be turned over to the appropriate governmental prosecutorial agency? Another specific example of this new power is set forth in the proposed statute. It reads as follows: R.S.4:22-47 is amended to read as follows: A sheriff, undersheriff, constable, police officer, animal cruelty investigator who has been properly authorized pursuant to section 4 of P.L. 1983, c.525, or humane law enforcement officer of the New Jersey Society of the Prevention of Cruelty to Animals or of a county society for the prevention of cruelty to animals, may enter any building or place where there is an exhibition of animal fighting or baiting or a living animal, where preparations are being made for such an exhibition, or where another violation of section 13 of (this refers to a bill not yet even passed - who knows what section 13 may turn out to outlaw), is occurring, arrest without warrant all persons there present, and take possession of all animals engaged in fighting or otherwise found on the premises, and all implements or appliances used or to be used in the exhibition. [[p.48]] Does the above situation sound familiar to you? Could it be describing a dog show exhibition maybe? This gets even better. Not only could they arrest every exhibitor who they thought was mistreating their dog ( perhaps keeping it in a portable kennel till showing it), and take their dog from them, but the next part of the proposed statute says: R.S.4:22-48 is amended to read as follows: The person seizing animals, implements or appliances as authorized in R.S.4:22-47 shall, within 24 hours thereafter, apply to the Superior Court to have the animals, implements or appliances forfeited and property impounded until dispositions of any charges. There is no provision for the dog owners to get the dog back at this point, just for the person or people seizing the dogs and property to go forward with their case against the owners. [[p.48]] This part of the proposed statute goes on to say: If, upon a hearing concerning the forfeiture application, the court determines that there is probable cause that the owner or the person in possession of an animal, implement, or appliance at the time of the seizure violated paragraph (3) of subsection a of the section 13 (once again inserted here is a reference to a law yet to be passed and may say who knows what), the court shall order the forfeiture and impoundment of any animal, implement, or appliance involved, pending disposition of any charges brought against the owner or the person in possession of the animal, implement or appliance. Upon a conviction of the owner or the person in possession of the animal, implement or appliance, for a violation of paragraph (3) of subsection a of the section 13 ( once again insert the mysterious law yet to be passed), the court shall determine the proper disposition for the animal, implement or appliance involved. The court may direct the animal be offered for adoption, be properly euthanized, or be sold, as appropriate. [[p.49]] It must also be kept in mind that animal cruelty, as defined earlier in the statute, can be inseminating your bitch, collecting your dog, judging a dog through examination of his sexual organs, having a dog accidently get off leash or out of his create and then out of your sight, or keeping a dog in an enclosure which an animal cruelty investigator found inappropriate. So if you are thinking the language just described above in the proposed statute could never apply to you, guess again! One of the other over reaching provisions of the statute involves how you transport your animals. If you take your dogs to a show, and some are kept in the RV or van while some are shown, and an animal cruelty investigator happens upon your vehicle and decides the dogs are too crowded, too warm or too cold, or don't have enough water, or not enough light, not enough ventilation or whatever they think is wrong, they can take your dogs, your vehicle and everything in it! [[p.52]] Adding insult to injury, not only can they take absolutely everything, they can charge you to get it back! Then if you do not redeem it within ten days, THEY CAN SELL IT! [[p.52]] This is apart from the acts of animal cruelty they charge you with. If anyone has any questions about what would motivate a group to promote the draconian provisions of this law, I think I may have found a clue in the proposed law's final provisions. Any fines, penalties or monies collected under this new law are to be paid to the clerk of the court or court officer, who in turn must forward the monies within 30 days to the county society for the prevention of cruelty to animals to be used as it wishes, or to the New Jersey Society for the Prevention of Cruelty to Animals to be used however it wishes. If the crime was investigated by a municipal animal control officer, then the municipality and the Society For the Prevention of Cruelty of Animals get to split the pot 50-50, so to speak. [[p53-54]] Another truly offensive feature of the proposed statute is a provision that prevents suits for civil damages against the Society for the Prevention of Cruelty to Animals, or municipalities or their animal control officers or agents, for any act or omission which resulted in damages to an individual from an arrest, prosecution or investigation.[[p.54]] There are two problems with the above provisions. The first is there should be no self interest involved by those charged with the protection of the animals in this state. I do not think many people would approve of a situation where a police force's salary was linked to how many traffic tickets they gave out, or a teacher's salary being linked to how many children he or she flunked to prove how tough class standards were. The same is true here. I do not think a municipality's animal control department or any society for the prevention of cruelty to animals, should directly financially benefit by how many people they can manage to accuse of animal cruelty, under a new statute which has unclear provisions, and is directed against pet owners and dog breeders alike. The proposed law's emphasis on over reaching police powers and obtaining of animals and property for subsequent sale (and profit), is glaring. I have seen no study offered by any of the people backing this bill, which would support the necessity of these types of provisions in this state at this time ( if ever). The second problem is the obvious intentions of those supporting this statute to insulate themselves from the over top provisions of this proposed law. The Society for the Prevention of Cruelty to Animals and similar organizations and the municipalities, while able to split whatever profits they gain off the people they want to prosecute, neither would have to accept responsibility for the damages they might cause the public when their actions are legally incorrect and actionable. The provision insulating those "reporting" animal cruelty from legal action from suits for slander, libel or perjury, should immediately make the motives for those groups wanting this protection suspect. People who are defending this legislation, saying its authors have good intentions, MUST keep in mind, the law will be interpreted as it is written! As long as the statutory provisions are "on the books" the courts must apply them to all instances. If no exceptions to any provisions are specifically set forth in the proposed new law, then the courts will not find any. I do strongly believe in the prevention of animal cruelty and when I heard the title of this bill, that is what I thought would be it's only focus. Instead there seems to be other interests at play in this bill as well. As someone involved in the law, I could never support any bill which in part, legalizes and promotes libel and slander under any circumstances. Nor could I support a grant of police power to anyone which would allow warrantless entry onto private property, or warrantless arrests, or the taking of someone's property without due process, such as this proposed law would provide. I do not know if you agree with me or not. If you do, below is the website addresses for locating your New Jersey legislator if you do not know who it is, or if you do, locating them by their names. If you care about the issues mentioned I strongly suggest you write to you legislator by email or regular mail and ask them to vote against this bill in its present form. A bill of this type should be pet owner friendly as well as animal friendly, and I find provisions in it offensive to both groups. You can also download the actual bill itself at the websites given and read it. It is Assembly bill #2649. How to find your legislator on the State of New Jersey Website: http://www.njleg.state.nj.us/members/legsearch.asp Email addresses of legislators by name: http://www.njleg.state.nj.us/members/abcroster.asp I would suggest forwarding this on to those you know who might also be affected by the provisions of this bill, if it is passed in its present form. ----------------------------------------- Below is the text of the bill... (Sponsorship Updated As Of: 3/6/2007) [Second Reprint] ASSEMBLY SUBSTITUTE FOR ASSEMBLY COMMITTEE SUBSTITUTE FOR ASSEMBLY, No. 2649 STATE OF NEW JERSEY 212th LEGISLATURE ADOPTED JANUARY 8, 2007 Sponsored by: Assemblyman JEFF VAN DREW District 1 (Cape May, Atlantic and Cumberland) Assemblyman NELSON T. ALBANO District 1 (Cape May, Atlantic and Cumberland) Assemblyman DOUGLAS H. FISHER District 3 (Salem, Cumberland and Gloucester) Assemblyman ROBERT M. GORDON District 38 (Bergen) Co-Sponsored by: Assemblymen Whelan, Sires, Johnson, Manzo, Epps, Assemblywoman Quigley, Assemblyman Giblin, Assemblywomen Oliver, Stender, Pou, Vainieri Huttle, Assemblyman Stack, Assemblywomen Cruz-Perez, Lampitt, Assemblymen Scalera, McKeon, Wisniewski, Vas, Barnes, Assemblywoman Voss, Assemblymen Burzichelli and Mayer SYNOPSIS Recodifies Title 4 criminal animal cruelty offenses in State criminal code; increases level of certain offenses and crimes; establishes new offenses; revises civil penalties; repeals various sections of law; designated as Angel?s Law. CURRENT VERSION OF TEXT As amended by the General Assembly on February 22, 2007. [2R] AS for A2649 ACS VAN DREW, ALBANO 2 EXPLANATION ? Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted in the law. Matter underlined thus is new matter. Matter enclosed in superscript numerals has been adopted as follows: 1 Assembly floor amendments adopted January 29, 2007. 2 Assembly floor amendments adopted February 22, 2007. AN ACT concerning cruelty 1 to animals and designated as Angel?s 2 Law, supplementing Title 2C of the New Jersey Statutes and 3 Title 4 of the Revised Statutes, and amending and repealing 4 various sections of statutory law. 5 6 BE IT ENACTED by the Senate and General Assembly of the State 7 of New Jersey: 8 9 1. (New section) The Legislature finds and declares that acts of 10 cruelty against animals have been increasingly acknowledged as 11 more serious offenses with farther reaching implications than 12 previously believed; that, in an age when violence has become too 13 common place not only on television and in film but also in our 14 communities, it is important to focus more effectively on addressing 15 violence in all its forms; that there have been links shown between a 16 person abusing animals and that person abusing children, senior 17 citizens, domestic partners, or other people; that, in more extreme 18 cases, the personal histories of serial killers and other murderers 19 include histories of animal abuse; that it is time to clearly elevate 20 cruelty to animals above the concerns of only the local animal 21 control officer or animal activists, humane societies, and animal 22 rescues; that cruelty in all its forms is reprehensible and should be 23 addressed seriously and clearly by the laws of the State as criminal 24 behavior requiring serious and stringent penalties; and that, while 25 there are State laws against animal cruelty dating back to the 19th 26 century that establish such behavior as criminal, the patchwork 27 development of the law, the passage of time, and the growth of 28 modern perspective on life in all its forms have rendered many of 29 these provisions archaic or at the very least in need of serious 30 reconsideration and revision. 31 The Legislature therefore determines it is in the best interest of 32 the State and the protection of the lives and health of its residents to 33 recodify the provisions of the animal cruelty statutes addressing 34 animal cruelty crimes and offenses as a new chapter in Title 2C of 35 the New Jersey Statutes, and simultaneously revise penalties and 36 other provisions in a comprehensive framework to reflect the 37 seriousness of the offenses, both as violence against animals and as 38 threats to the safety and well-being of the citizens of the State. 39 40 2. (New section) As used in P.L. , c. (C. ) (pending 41 before the Legislature as this bill): 42 "Animal" means any member of the whole brute creation. The 43 term ?animal? shall not include human beings. [2R] AS for A2649 ACS VAN DREW, ALBANO 3 ?Animal cruelty investigator? m 1 eans a person 18 years of age or 2 older who is a certified animal control officer who has satisfactorily 3 completed a course of study on animal cruelty investigation 4 approved by the Commissioner of Health and Senior Services and 5 the Police Training Commission, in consultation with the New 6 Jersey Animal Control Officers Association, and properly 7 authorized by the governing body of a municipality to be an animal 8 cruelty investigator. 19 ?Animal rescue organization? means an individual or group of 10 individuals who, with or without salary or compensation, house and 11 care for seemingly unowned or unwanted animals, or other animals 12 found loose or stray, in the home of the individual or individuals in 13 the group, or in other facilities, with the intent of placing the 14 animals in responsible, more permanent homes as soon as possible. 15 ?Animal rescue organization facility? means the home or other 16 facility in which an animal rescue organization houses and cares for an animal.1 17 18 "Bait" means to provoke or harass an animal with the purpose of 19 causing the animal to attack something, a person, or another animal, 20 or to do so with the purpose of training an animal for, or to cause an 21 animal to engage in, a fight with or among other animals. 22 "Bodily injury" means physical pain, illness or any impairment 23 of physical condition. 24 ?Caretaker? means a person who is in possession of an animal 25 and a person upon whom the care, health, safety and welfare of the 26 animal are primarily dependent. 27 "Cat" means a cat (Felis catus or Felis domesticus) that is a 28 member of a species of cat that is generally recognized in the 29 United States as being a species of cat frequently kept as a 30 household pet, whether acclimated to living outdoors, domesticated, 31 or feral, and shall not include bobcat, lynx, or other wild feline 32 species. 133 ?Certified animal control officer? means a certified animal 34 control officer as defined pursuant to section 1 of P.L.1941, c.151 (C.4:19-15.1).1 35 36 ?Certified livestock inspector? means a veterinarian, animal 37 health technician or investigator who is an employee of the New 38 Jersey Department of Agriculture, or the United States Department 39 of Agriculture or its Animal and Plant Health Inspection Service, 40 whom the State Veterinarian determines to be qualified to conduct 41 animal cruelty investigations, or a New Jersey licensed veterinarian 42 whom the State Veterinarian determines to be qualified to conduct 43 animal cruelty investigations. 44 "Dog" means a dog (Canis familiaris) that is a member of a 45 species of dog that is generally recognized in the United States as 46 being a species of dog frequently kept as a household pet, whether 47 acclimated to living outdoors, domesticated, feral, or trained as a [2R] AS for A2649 ACS VAN DREW, ALBANO 4 hunting dog, and shall not include coyote, 1 fox, wolf, or other wild 2 canine species. 3 ?Domestic livestock? means ?domestic livestock? as defined 4 pursuant to section 1 of P.L.1995, c.311 (C.4:22-16.1). 5 ?Domesticated animal? means a domestic companion animal as 6 defined pursuant to subsection u. of N.J.S.2C:20-1 or any animal of 7 a species commonly kept as a domestic companion animal. 8 ?Domesticated animal? shall not include domestic livestock. 9 ?Euthanasia? means the act of inducing painless death. 10 ?Euthanize? means the application of euthanasia to an animal. 111 ?Humane law enforcement officer? means a humane law 12 enforcement officer as defined pursuant to section 1 of P.L.2005, c.372 (C.4:22-11.1).1 13 14 ?Intimate parts? means the following body parts: sexual organs, 15 genital area, anal area, inner thigh, groin, buttock, or breast. 16 "Minimum care" means care sufficient to preserve the health and 17 well-being of an animal and, except for emergencies or 18 circumstances beyond the reasonable control of the person 19 responsible for the care of the animal, providing the following: (1) 20 food of sufficient quantity and quality to allow for normal growth 21 or maintenance of body weight; (2) open or adequate access to 22 drinkable water of an appropriate temperature in sufficient quantity 23 to satisfy the needs of the animal; (3) access to an enclosed non24 hazardous structure sufficient to protect the animal from the 25 weather that has adequate bedding to protect against cold and 26 dampness; (4) adequate protection from extreme or excessive 27 sunlight and from overexposure to the sun, heat and other weather 28 conditions; (5) veterinary care deemed necessary by a reasonably 29 prudent person to prevent or relieve injury, neglect or disease, or 30 distress from these conditions; and (6) reasonable access to a clean 31 and adequate exercise area. 32 ?Overwork? means knowingly overdrive, overload, drive when 33 overloaded, or otherwise subject an animal to work beyond its 34 ability to work without bodily injury, or causing or procuring such 35 acts to be done. 36 "Owner of an animal" or ?owner of the animal? means a person 37 who is the caretaker of an animal in question and has the legal right 38 of possession of the animal and any legal title to its ownership. 39 ?Person? means ?person? as defined under subsection g. of 40 N.J.S.2C:1-14. 41 "Possession" means having physical custody of, having legal 42 custody over, being in charge of, or having physical control over an 43 animal, whether temporarily or as an owner of the animal, or a 44 building, premises, or other real property. 45 "Serious bodily injury" means bodily injury which creates a 46 substantial risk of death or which causes serious, permanent [2R] AS for A2649 ACS VAN DREW, ALBANO 5 disfigurement, or protracted loss or impairment o 1 f the function of 2 any bodily member or organ. 3 ?Sexual contact? means an intentional touching by a person of 4 the intimate parts of an animal or an intentional act by the person 5 that causes an animal to touch the person?s intimate parts, for the 6 purpose of arousing or gratifying the sexual desire of the person or 7 to in any way harm the animal or any person. 8 ?Sexual penetration? means vaginal intercourse, cunnilingus, 9 fellatio, anal intercourse, or the insertion of any appendage or 10 object into the anus or vagina, for the purpose of arousing or 11 gratifying the sexual desire of the person or to in any way harm the 12 animal. 13 "Significant bodily injury" means bodily injury which creates a 14 temporary loss of the function of any bodily member or organ or 15 temporary loss of any one of the five senses. 16 ?State Veterinarian? means the Director of the Division of 17 Animal Health in the New Jersey Department of Agriculture. 18 "Torment" means to excessively harass or annoy by means of a 19 type of action or treatment, the repetitiveness of the action or 20 treatment, or its duration, or to cause unnecessary or extreme 21 physical discomfort or annoyance. 22 "Torture" means to inflict, subject to, or prolong exposure to, 23 severe or extreme pain or bodily injury, unnecessarily and for the 24 purpose of inflicting, or prolonging exposure to, severe or extreme 25 pain. 26 27 3. (New section) Nothing contained in P.L. , c. (C. ) 28 (pending before the Legislature as this bill) shall be construed to 29 prohibit or interfere with activities listed in R.S.4:22-16 or the 30 authority conveyed pursuant to section 24 of P.L. , c. (C. ) 31 (pending before the Legislature as this bill). 32 33 4. (New section) Notwithstanding any other law, or rule or 34 regulation adopted pursuant thereto, to the contrary, the penalties 35 and fines imposed and collected pursuant to violations of section 5, 36 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, or 18 of P.L. , 37 c. (C. ) (pending before the Legislature as this bill) shall be 38 paid and distributed pursuant to the provisions of R.S.4:22-55 and 39 any other applicable sections of chapter 22 of Title 4 of the Revised 40 Statutes. 41 42 5. (New section) Animal abuse. 43 a. A person is guilty of animal abuse if the person attempts to 44 cause or causes unnecessary bodily injury to an animal through any 45 means, overworks an animal, subjects an animal to unnecessary 46 violence, or subjects an animal to transportation in a cruel manner. 47 Animal abuse is a disorderly persons offense. [2R] AS for A2649 ACS VAN DREW, ALBANO 6 b. For purposes of subsection 1 a. of this section: 2 (1) Acts which subject an animal to transportation in a cruel 3 manner shall include, but shall not be limited to, carrying a living 4 animal or causing a living animal to be carried, in or upon a vehicle 5 or otherwise, in a cruel or inhumane manner which creates a 6 substantial risk of bodily injury or death, or leaving an animal 7 unattended in a vehicle under inhumane conditions adverse to the 8 health or welfare of the living animal; and 9 (2) It shall be a violation to use a living bird or other living 10 animal for the purpose of a target or shooting at such an animal for 11 amusement or test of skill in marksmanship, or to shoot at such an 12 animal or be a party to such uses and shooting, or to lease, provide 13 or otherwise permit to be used a building, room, field or other 14 premises of which the person is the owner or is in possession for the 15 purpose of such uses or shooting. 16 c. Each animal involved in a violation of subsection a. shall 17 constitute a separate offense. 18 19 6. (New section) Aggravated animal abuse. 20 a. A person is guilty of aggravated animal abuse if the person: 21 (1) purposely causes unnecessary bodily injury to an animal; 22 (2) knowingly poisons an animal causing serious or significant 23 bodily injury or death of the animal; 24 (3) attempts to cause unnecessary serious bodily injury or 25 significant bodily injury or death to an animal; 26 (4) recklessly, under circumstances manifesting extreme 27 indifference to the value of life, torments, tortures, or otherwise 28 causes unnecessary serious bodily injury or significant bodily injury 29 to an animal, or recklessly causes such torment, torture, or injury to 30 be done; 31 (5) knowingly torments, tortures, or otherwise causes 32 unnecessary serious bodily injury or significant bodily injury to an 33 animal, or knowingly causes such torment, torture or injury to be 34 done; 35 (6) purposely or knowingly commits an act of sexual penetration 36 or sexual contact with any animal, whether living or dead; 37 (7) implants or places in or on an animal or creature, by surgery, 38 ingestion, or other means, a controlled dangerous substance or 39 controlled substance analog as defined in Title 2C of the New 40 Jersey Statutes, or otherwise uses the animal, to facilitate the 41 commission of, or an attempt to commit, or flight after committing 42 or attempting to commit any crime or offense enumerated in 43 chapters 35 or 36 of Title 2C of the New Jersey Statutes, or who 44 causes or procures such acts to be done; or 45 (8) purposely, knowingly, or recklessly torments, tortures, or 46 otherwise causes unnecessary serious bodily injury or significant [2R] AS for A2649 ACS VAN DREW, ALBANO 7 bodily injury upon an animal, and kills o 1 r causes the death of the 2 animal. 3 Aggravated animal abuse under paragraph (1), (2), (3) or (4) of 4 this subsection is a crime of the fourth degree. Aggravated animal 5 abuse under paragraph (5), (6) or (7) of this subsection is a crime of 6 the third degree. Aggravated animal abuse under paragraph (8) of 7 this subsection is a crime of the second degree. 8 b. Each animal involved in violation of subsection a. of this 9 section shall constitute a separate offense. 10 11 7. (New section) Animal abandonment at an animal care 12 facility and animal abandonment. 13 a. A person is guilty of animal abandonment at an animal care 14 facility, if the person, with the purpose of relinquishing possession 15 of the animal and without making provisions for the minimum care 16 of the animal, knowingly leaves, or causes to be left, a domesticated 17 animal or domestic livestock at a kennel, shelter, pound, animal boarding facility, animal rescue 1organization facility1 18 , veterinary 19 facility, or other facility that provides care and shelter to animals, 20 without ensuring that the animal has been left with a person 21 authorized to accept possession of the animal. 22 Animal abandonment at an animal care facility is a disorderly 23 persons offense. 24 b. A person is guilty of animal abandonment if the person, with 25 the purpose of relinquishing possession of the animal and without 26 making provisions for the minimum care of the animal, knowingly 27 leaves, or causes to be left, a domesticated animal or domestic 28 livestock: 29 (1) in a public place where the animal may die and the animal is 30 maimed, sick, infirm or disabled; or 31 (2) in a place beyond the control, custody or possession of the 32 owner or the person relinquishing possession of the animal. 33 Animal abandonment is a crime of the fourth degree. 34 c. Each animal abandoned in violation of this section shall 35 constitute a separate offense. d. 136 [Notwithstanding the provisions of section] In addition to 37 the penalties and remedies prescribed for violations of this section and those prescribed pursuant to sections1 15 1[or] and1 38 16 of 39 P.L. , c. (C. ) (pending before the Legislature as this bill) to 40 the contrary, a person found guilty of violating subsection a. or b. of 41 this section shall be subject to an additional fine of $1,000 for each 42 animal abandoned that is: 43 (1) maimed, sick, infirm or disabled; or 44 (2) left within 200 feet of a roadway. 45 46 8. (New section) Animal cruelty in the presence of a child. [2R] AS for A2649 ACS VAN DREW, ALBANO 8 a. A person is guilty of the crime 1 of animal cruelty in the 2 presence of a child if the person commits or threatens the immediate commission of an offense specified in section 5, 1section1 3 6, 1subsection b. of section1 7 or 1section1 13 of P.L. , c. 1(C. )1 4 5 (pending before the Legislature as this bill) in the presence a person 6 who is in fact under the age of 18, with the purpose or knowledge 7 that the such person witness or observe the offense. 8 An offense under this section constitutes a crime of the fourth 9 degree if the underlying offense is a disorderly persons offense. 10 Otherwise, an offense under this section shall be classified one 11 degree higher than the underlying offense. b. It shall be no defense to a prosecution under 112 [P.L. , 13 c. (C. ) (pending before the Legislature as this bill)] this section1 14 that the actor mistakenly believed that the person in whose 15 presence the offense was committed was 18 years of age or older, 16 even if such mistaken belief was reasonable. 17 c. Notwithstanding the provisions of N.J.S.2C:1-8, a conviction 18 under this section shall not merge with a conviction for the 19 underlying offense. Nor shall a conviction for the underlying 20 offense merge with a conviction under this section. Nothing 21 contained in P.L. , c. (C. ) (pending before the Legislature 22 as this bill) shall prohibit the court from imposing an extended term 23 of imprisonment pursuant to N.J.S 2C:43-7. 24 d. Nothing contained in this section shall be deemed to 25 preclude, if the evidence so warrants, an indictment and conviction 26 for a violation of any of the provisions of P.L. , c. (C. ) 27 (pending before the Legislature as this bill) or any other law. 28 29 9. (New section) Animal neglect and aggravated animal 30 neglect. 31 a. (1) A person is guilty of animal neglect if the person 32 purposely, knowingly or recklessly fails to provide minimum care to an animal for which the person is the 1owner or1 caretaker 133 [or owner]1 34 , or cruelly restrains a dog. 35 (2) A person is guilty of aggravated animal neglect if the person 36 purposely, knowingly or recklessly fails to provide minimum care to an animal for which the person is the 1owner or1 caretaker 137 [or owner],1 38 and the animal dies as a result of the failure to provide 39 minimum care. 40 Animal neglect shall be a disorderly persons offense, and 41 aggravated animal neglect shall be a crime of the fourth degree. 42 Where more than one animal is involved, each animal neglected or 43 cruelly restrained in violation of this subsection shall constitute a 44 separate offense. 45 b. For the purposes of subsection a. of this section, the owner 46 or operator of a kennel, pet shop, shelter, or pound defined and 47 licensed pursuant to P.L.1941, c.151 (C.4:19-15.1 et seq.) and any [2R] AS for A2649 ACS VAN DREW, ALBANO 9 employee or member of the staff 1 of such a kennel, pet shop, shelter or pound shall be deemed 1[a] an owner or a1 caretaker 12 [or owner]1 of the animal. 1Failure of such an owner or caretaker 23 at a shelter or a pound2 4 to provide minimum care concerning veterinary 5 care or reasonable access to a clean and adequate exercise area shall 6 not constitute a violation pursuant to subsection a. of this section if 7 the owner or caretaker: 8 (1) has provided all other aspects of minimum care as defined 9 pursuant to section 2 of P.L. , c. (C. ) (pending before the 10 Legislature as this bill); and 11 (2) has complied with the rules and regulations adopted pursuant 12 to subsection b. of section 14 of P.L.1941, c.151 (C.4:19-15.14) with respect to the provision of veterinary care and exercise.1 13 14 c. For the purposes of subsection a. of this section, a person 15 cruelly restrains a dog if the person: 16 (1) chains, ties, fastens or otherwise tethers a dog to a dog 17 house, tree, stake, pole, fence, wall or other stationary object 18 outdoors or indoors for more than 10 hours in a 24-hour period; 19 (2) regardless of how long a period of time, chains, ties, fastens 20 or otherwise tethers a dog with any collar or similar device other 21 than a properly fitted harness or buckle-type collar for the dog, with 22 a chain or other tether less than 15 feet; or 23 (3) regardless of how long a period of time, uses a choke or 24 prong collar on the dog when chaining, tying, fastening, or 25 otherwise tethering the dog. 26 d. It is an affirmative defense to prosecution for animal neglect 27 for cruelly restraining a dog that the actor: 28 (1) had a reasonable basis for the restraining of the dog; 29 (2) restrained the dog with a properly fitted harness or buckle30 type collar, and with a chain or other tether of 15 feet or more; 31 (3) did not use a choke or prong collar to restrain the dog; and 32 (4) provided, or caused to be provided, minimum care to the dog 33 during the time the dog was restrained. 34 35 10. (New section) Animal hoarding. 36 a. A person is guilty of hoarding animals if the person keeps or 37 possesses a number of animals in a quantity such that the person 38 fails or is unable to provide minimum care for all of the animals 39 and, due to the failure or inability to provide minimum care, at least 40 some of the animals experience death, bodily injury or other serious 41 adverse health consequences. The number of animals kept or 42 possessed shall not be determinative of whether there has been a 43 violation of this section, but may be considered as a factor in 44 determining whether animals have been provided minimum care. 45 Animal hoarding is a crime of the fourth degree. 46 b. Each instance of a person found guilty of animal hoarding, 47 not each animal involved, shall constitute a separate offense. [2R] AS for A2649 ACS VAN DREW, ALBANO 10 11. (New section) Improper 1 euthanizing of animals. 2 a. A person is guilty of improper euthanizing of an animal if the person 13 [: (1)]1 4 kills or causes the death of an animal by hypoxia, while 5 acting on the individual's behalf or as an employee or member of the staff of a kennel, shelter, pound, animal rescue 1organization16 , 7 or other organization or entity providing for the shelter and care of animals, induced by 18 [(a)] : (1)1 decompression 1[, (b)] ;1 9 (2)1 10 the administration of a lethal gas other than an inhalant anesthetic 111 [, (c)] ; (3)1 12 the use of succinylcholine chloride, curare, curariform 13 drugs, or other substance which acts as a neuromuscular blocking agent 1[,] ;1 or 114 [(d)] (4)1 15 means other than those used for the proper euthanizing of the animal 116 [; or 17 (2) euthanizes an animal at a kennel, shelter, pound, animal 18 rescue, or other organization or entity providing for the shelter and 19 care of animals, or causes the animal to be euthanized, either as an 20 individual, or in their capacity as a humane law enforcement 21 officer, animal control officer, or other State or local law 22 enforcement officer involved in animal control, or as an owner, 23 employee, or caretaker of the animal in the shelter, pound, animal 24 rescue, or other organization or entity providing for the shelter and 25 care of animals, prior to the expiration of the required holding 26 period established under section 16 of P.L. 1941, c.151 (C.4:19- 27 15.16), except as otherwise provided pursuant to subsection c. and subsection d. of this section]1 28 . 29 Improper euthanizing of an animal is a disorderly persons 30 offense. 31 b. A person is guilty of aggravated improper euthanizing of an 32 animal if the person purposely violates subsection a. of this section. 33 Aggravated improper euthanizing of an animal is a crime of the 34 fourth degree. c. 135 [The provisions of paragraph (2) of subsection a. of this 36 section and their application to the provisions of subsection b. of 37 this section shall not apply to the euthanizing, by means used for 38 proper euthanizing of an animal, any animal brought to a kennel, 39 shelter, pound, animal rescue, or other organization or entity 40 providing for the shelter and care of animals by the owner of the 41 animal, and the ownership of which has been surrendered or 42 otherwise transferred by the owner of the animal to the kennel, 43 shelter, pound, animal rescue, or other organization or entity 44 providing for the shelter and care of animals. 45 d. A kennel, shelter, pound, animal rescue, or other 46 organization or entity providing for the shelter and care of animals, [2R] AS for A2649 ACS VAN DREW, ALBANO 11 or an individual, acting in an official 1 capacity as a humane law 2 enforcement officer, an animal control officer, or other State or 3 local law enforcement officer involved in animal control, or an 4 owner, employee, or caretaker of the animal in the kennel, shelter, 5 pound, animal rescue, or other organization or entity providing for 6 the shelter and care of animals, may properly euthanize, or properly 7 cause to be euthanized, an animal that has been held for less than 8 the required holding period established under section 16 of P.L. 9 1941, c.151 (C.4:19-15.16), if proper methods are used and: 10 (1) the animal being euthanized is: 11 (a) a threat to public health or safety or the health or safety of 12 other animals in the shelter, pound, animal rescue or other facility 13 sheltering or caring for animals; or 14 (b) injured and in a condition beyond recovery, or is suffering 15 from an incurable painful disease or condition, or is otherwise 16 terminally ill, and this injury, condition, disease or terminal illness 17 is certified by a licensed veterinarian; and 18 (2) prior to the euthanizing of the animal, no contact has been 19 received by the owner or caretaker of the animal by the kennel, 20 shelter, pound, animal rescue, or other organization or entity 21 providing for the shelter and care of animals that is holding and 22 providing for the euthanasia of the animal. e.]1 23 Each animal killed in violation of this section shall 24 constitute a separate offense. 25 26 12. (New section) Cruel commercial exploitation of an animal. 27 a. A person is guilty of cruel commercial exploitation of an 28 animal if the person: 29 (1) exhibits an animal at the premises of a gas station, roadside 30 stand, or market for the sale of merchandise along a public street or 31 highway, or at a shopping mall, store, or other establishment where 32 merchandise is offered for sale; 33 (2) purposely, knowingly, or recklessly sells, offers for sale, 34 barters, gives away, or displays an animal under two months of age; 35 (3) purposely, knowingly, or recklessly sells, offers for sale, 36 barters, gives away, or displays live chameleons, turtles, or other 37 amphibians or reptiles that have been dyed or artificially colored or 38 otherwise treated so as to give the animal an artificial color; 39 (4) purposely or knowingly uses, or causes to be used, any 40 animal for the purposes of soliciting alms, collections, 41 contributions, subscriptions, donations, or payment of money, 42 except if the person requires the animal as a service dog or animal; 43 (5) uses a dog or dogs for the purpose of drawing or helping to 44 draw a vehicle for business purposes; 45 (6) sells or barters the fur or hair, or products made in whole or 46 in part from the fur or the hair, of a cat or dog, at wholesale or 47 retail, provided that the person knew or reasonably should have [2R] AS for A2649 ACS VAN DREW, ALBANO 12 known that the fur or hair was from, or 1 the product was made in 2 whole or part from the fur or hair of a cat or dog; 3 (7) sells or barters the flesh, or products made in whole or in 4 part from the flesh of a cat or dog for human consumption, at 5 wholesale or retail, provided that the person knew or reasonably 6 should have known that the flesh was from, or the product was 7 made in whole or part from the flesh of a cat or dog; or 8 (8) sells or otherwise makes available for the purpose of experimentation 29 [or any other procedures that do not directly benefit the animal,]2 10 any animal detained, procured, obtained, sent or brought to 211 [a pound or shelter] an animal care facility as 12 defined pursuant to subsection m. of section 16 of P.L.1941, c.151 (C.4:19-15.16) 2 13 . 14 b. Cruel commercial animal exploitation is a disorderly persons 15 offense, except for a violation of paragraph (6), (7), or (8) of 16 subsection a. of this section which is a crime of the fourth degree. 17 c. Paragraph (1) of subsection a. of this section shall not apply 18 to the humane display of domestic livestock, the proper humane 19 display of which is provided for under Department of Agriculture 20 rules and regulations adopted pursuant to section 1 of P.L.1995, 21 c.311 (C.4:22-16.1). 22 The selling, offering for sale, bartering, giving away, or 23 displaying of an animal under two months of age shall not 24 constitute a violation of paragraph (2) of subsection a. of this 25 section, if the animal is domestic livestock and it is done in 26 compliance with the provisions of Department of Agriculture rules 27 and regulations concerning the sale, offering for sale, bartering, giving away, or displaying 2of2 28 domestic livestock. 29 d. Paragraph (1) of subsection a. of this section shall not apply 30 to pet shops licensed pursuant to P.L.1941, c.151 (C.4:19-15.1 et 31 seq.), or the exhibiting of animals by shelters, pounds, animal 1[rescues] rescue organizations1 32 , or other similar charitable or non-profit organizations involved with 1[for]1 33 the sheltering, care, 34 or adoption of animals if the exhibition is to solicit donations, seek 35 homes for domesticated animals, or educate the public concerning 36 the needs and proper care of animals. 37 e. Paragraph (4) of subsection a. of this section shall not apply 38 to the use of animals to solicit donations for shelters, pounds, animal 1[rescues] rescue organizations1 39 , or other similar 40 charitable or non-profit organizations providing for the shelter, 41 care, and adoption of animals. 42 f. It shall not constitute a violation of paragraph (6) of 43 subsection a. of this section or an act of cruelty to an animal for the 44 purposes of section 30 of P.L. , c. (C. ) (pending before the 45 Legislature as this bill) if the cat or dog fur or hair used was shed 46 from the animal or humanely removed during the course of proper 47 grooming or care of the animal. [2R] AS for A2649 ACS VAN DREW, ALBANO 13 13. (New section) 1 Animal fighting. 2 a. A person is guilty of animal fighting if that person: 3 (1) recklessly or negligently allows, as the owner or the person 4 in possession of the real property, a place to be used for the purpose 5 of baiting animals, fighting between animals, or training animals for 6 fighting; 7 (2) is present, witnesses, pays admission to, assists in or 8 encourages an animal fight, or gambles on the outcome of an animal 9 fight; or 10 (3) purposely or knowingly ? 11 (a) organizes a fight between animals or the gambling on the 12 outcome of the animal fight; 13 (b) collects or holds the bets for such gambling on the outcome 14 of an animal fight; 15 (c) as the owner or the person in possession of the real property, 16 provides or allows to be used, for personal amusement or monetary 17 gain, a place for the purpose of baiting animals, fighting between 18 animals, holding organized animal fights, or training animals for 19 fighting; or 20 (d) owns, possesses, keeps, trains, promotes, purchases, breeds 21 or sells any animal for the purpose of fighting between animals or 22 baiting animals to engage in fighting. 23 Animal fighting is a crime of the third degree, except that animal 24 fighting under paragraph (3) of this subsection is a crime of the 25 second degree. 26 b. Each animal being used in a fight, bred, trained, or used for 27 fighting, baited, or attacked by a baited animal in violation of this 28 section shall constitute a separate offense. 29 30 14. (New section) Pattern of animal cruelty. 31 a. A person commits the crime of pattern of animal cruelty if 32 the person commits two or more acts that violate the provisions of 33 section 5, 6, 7, 8, 9, 10, 11, or 13 of P.L. , c. (C. ) (pending 34 before the Legislature as this bill). It shall not be a defense that the 35 violations were not part of a common plan or scheme, or did not 36 have similar methods of commission. 37 b. Pattern of animal cruelty is a crime of the second degree if 38 one of the acts committed by the defendant is a first or second 39 degree crime; otherwise, it is a crime of the third degree, provided, 40 however, that the presumption of nonimprisonment set forth in 41 subsection e. of N.J.S.2C:44-1 for persons who have not previously 42 been convicted of an offense shall not apply. Notwithstanding the 43 provisions of N.J.S.2C:1-8 or any other law, a conviction of pattern 44 of animal cruelty shall not merge with a conviction of an offense in 45 violation of section 5, 6, 7, 8, 9, 10, 11, or 13 of P.L. , c. (C. ) 46 (pending before the Legislature as this bill), or any other criminal [2R] AS for A2649 ACS VAN DREW, ALBANO 14 offense, nor shall such other conviction merge 1 with a conviction 2 under this section. 3 4 15. (New section) Minimum fines for animal cruelty offenses. 5 Any person who has been found guilty of an offense in violation 6 of section 5, 6, 7, 8, 9, 10, 11, 12, 13, or 14 of P.L. , c. (C. ) 7 (pending before the Legislature as this bill) is subject to a maximum 8 fine as provided under N.J.S.2C:43-3, and shall be subject to a 9 minimum fine of not less than: 10 a. $10,000 when the offense is a crime of the first degree; 11 b. $5,000 when the offense is a crime of the second degree; 12 c. $3,000 when the offense is a crime of the third degree; 13 d. $1,000 when the offense is a crime of the fourth degree; or 14 e. $500 when the offense is a disorderly persons offense. 15 16 16. (New section) Additional penalties and remedies for animal 17 cruelty. 18 a. In addition to imposing any other appropriate penalties 19 established for an offense pursuant to Title 2C of the New Jersey 20 Statutes, the court: 21 (1) may impose, if the convicted person is sentenced to a term of 22 imprisonment, a term of community service of up to 30 days for any person convicted of violating section 15,1 23 6, 7, 8, 9, 10, 11, 12, 13, 24 or 14 of P.L. , c. (C. ) (pending before the Legislature as this 25 bill), and shall impose a term of community service of not less than 26 30 days for any such person who is not sentenced to a term of 27 imprisonment; 28 (2) may direct that the term of community service imposed 29 pursuant to paragraph (1) of this subsection be served in providing 30 assistance to the New Jersey Society for the Prevention of Cruelty 31 to Animals, a county society for the prevention of cruelty to 32 animals, or any other recognized organization concerned with the 33 prevention of cruelty to animals or the humane treatment and care 34 of animals, or to a municipality's animal control or animal 35 population control program, provided that the organization or 36 municipality, as the case may be, consents to the placement of the 37 violator and conditions for the placement are established to ensure 38 that the service is appropriately supervised and that no animals are 39 placed at risk by the violator's service; and 40 (3) may require the violator to pay restitution or otherwise 41 reimburse any costs for food, drink, shelter, or veterinary care or 42 treatment, or other costs, incurred by the owner of the animal, if the owner is not the person committing the act of cruelty, 1[or] to1 43 any 1individual,1 agency, entity, or organization 1bearing such costs or1 44 45 investigating the violation, including, but not limited to, the New 46 Jersey Society for the Prevention of Cruelty to Animals, a county 47 society for the prevention of cruelty to animals, any other [2R] AS for A2649 ACS VAN DREW, ALBANO 15 recognized organization concerned with 1 the prevention of cruelty to 2 animals or the humane treatment and care of animals, a local or 3 State governmental entity, or a kennel, shelter, pound, animal rescue 1organization facility14 , or the facility providing for the shelter and care of 1the animal or1 animals 15 involved in the violation16 . 7 b. The court also: 8 (1) shall order a person guilty of violating a provision of section 6, 1section1 8, 1section 10,1 9 or paragraph (3) of subsection a. of 10 section 13 of P.L. , c. (C. ) (pending before the Legislature 11 as this bill), to receive mental health counseling by a licensed 12 psychiatrist, psychologist or therapist for a period of time 13 prescribed by the licensed psychologist or therapist, the cost of 14 which shall be paid by the person guilty of the offense; 15 (2) shall order a juvenile adjudicated delinquent for an act 16 which, if committed by an adult, would constitute an offense pursuant to section 6, 1section1 8, 1section 10,1 17 or paragraph (3) of 18 subsection a. of section 13 of P.L. , c. (C. ) (pending before 19 the Legislature as this bill), to receive mental health counseling by a 20 licensed psychiatrist, psychologist or therapist for a period of time 21 prescribed by the licensed psychologist or therapist, the cost of 22 which shall be paid by the parents or other legal guardian of the 23 juvenile; and 24 (3) may order a person found guilty of a violation of section 5, 9, 1[10,]1 25 or 11 of P.L. , c. (C. ) (pending before the 26 Legislature as this bill), or a juvenile adjudicated delinquent for 27 such an act, to receive mental health counseling by a licensed 28 psychologist or therapist for a period of time prescribed by the 29 licensed psychologist or therapist, the cost of which shall be paid by 30 the person found guilty or the legal guardians of the juvenile, as 31 applicable. 32 c. In addition to any other penalty or penalties imposed, the court may order a person found guilty of a violation of section 15,1 33 34 6, 7, 8, 9, 10, 11, 12, 13, or 14 of P.L. , c. (C. ) (pending 35 before the Legislature as this bill) to forfeit the possession of any 36 animal involved in the commission of the offense, and may order 37 custody and care of the animal assigned to an appropriate person, 38 organization, or entity. When the court orders a defendant to forfeit 39 possession of an animal, the court may further order that all rights 40 to possess the animal be given over to an appropriate person or 41 agency demonstrating a willingness to accept and care for the 42 animal or to an appropriate animal care agency for further 43 disposition in accordance with accepted practices for humane treatment of animals. 144 The court may also order forfeiture of other 45 animals owned by, or in the possession of, the defendant, and that 46 all rights to possess any such animal be given over to an appropriate person, organization, or entity.1 47 [2R] AS for A2649 ACS VAN DREW, ALBANO 16 Except in cases of extreme financial 1 hardship, the court shall 2 require a person subject to forfeiture of an animal pursuant to this 3 subsection or chapter 22 of Title 4 of the Revised Statutes to post a 4 bond or make other appropriate financial arrangements to pay for the cost of caring for the animal while it is held at a 1kennel,1 5 shelter, pound, animal rescue 1organization facility16 , or other 7 facility for the temporary care and housing of animals, including the cost of any veterinary care 1[attendant to] addressing1 8 any bodily injury caused by the violation of 19 [this act] P.L. , c. (C. ) (pending before the Legislature as this bill)1 10 that resulted in the 11 forfeiture of the animal. 12 d. The court may order restrictions on the ownership of an 13 animal by a person found guilty of a violation of section 5, 6, 7, 8, 14 9, 10, 11, 12, 13, or 14 of P.L. , c. (C. ) (pending before the 15 Legislature as this bill), including, but not limited to, imposing a 16 prohibition from ownership or care of an animal for a period of time 17 or permanent prohibition from owning or caring for any animal for 18 the natural life of the person. 19 20 17. (New section) a. Any person operating a motor vehicle who 21 knowingly hits, runs over, or causes injury to a domesticated animal 22 or domestic livestock shall stop at once, ascertain the extent of the 23 injury and report the incident to a law enforcement officer, an 24 animal cruelty investigator, humane law enforcement officer, or 25 other person authorized by law to investigate animal cruelty. If 26 domestic livestock is involved, the law enforcement officer, animal 27 cruelty investigator, humane law enforcement officer, or other 28 person authorized by law to investigate animal cruelty receiving the 29 report shall also report the incident to a certified livestock 30 inspector. 31 The requirement under this subsection to report to a certified 32 livestock inspector shall not be construed to prevent the initiation of 33 an investigation of the motor vehicle accident or any action to 34 protect an animal from immediate and serious bodily injury or 35 remedy any bodily injury inflicted on an animal. 36 b. Any report submitted pursuant to this section, to the extent 37 possible, shall contain the name and address of the person who hit, 38 ran over, or caused injury to an animal with a motor vehicle, the 39 time and location of the motor vehicle accident, the extent of the 40 injury to the animal, and any other information that the person 41 reporting the motor vehicle accident believes may be helpful to an 42 investigation of the motor vehicle accident. 43 c. Any person required to report an accident pursuant to this 44 section who fails to do so shall be guilty of a petty disorderly 45 offense and may also be subject to other penalties pertaining to 46 motor vehicle violations or damage or destruction of property as 47 may be prescribed by law. [2R] AS for A2649 ACS VAN DREW, ALBANO 17 18. (New section) a. 1 Any person who has reasonable cause to 2 believe any act of cruelty to an animal has been committed may 3 report the act of animal cruelty, to a law enforcement officer, 4 animal cruelty investigator, humane law enforcement officer, or 5 other person authorized by law to investigate animal cruelty. 6 b. Any certified livestock inspector, veterinarian, veterinary or 7 animal care technician, employee of a humane society, animal 8 kennel, pet shop, shelter or pound, or animal control or protection 9 organization or agency, humane law enforcement officer, employee 10 of a business engaged in the sale of animals and animal related 11 merchandise, or a zoo or circus employee, who knows or has 12 reasonable cause to believe that an animal has been subjected to 13 animal cruelty, shall report, or cause to be reported, the alleged 14 animal cruelty to a law enforcement officer, humane law 15 enforcement officer, animal cruelty investigator, or other person 16 authorized by law to investigate animal cruelty. If the alleged 17 animal cruelty concerns domestic livestock, any person other than a 18 certified livestock inspector shall also report the incident to a 19 certified livestock inspector. 20 The requirement under this subsection to report to a certified 21 livestock inspector shall not be construed to prevent the initiation of any investigation 1, prosecution,1 or 1other1 22 action to protect an animal from 1[immediate and serious]1 bodily injury or 1to1 23 24 remedy any bodily injury inflicted on an animal. 25 c. Any employee of a State, county, or local law enforcement 26 agency, or any employee of a State, public, private, county, or local 27 child protective services agency or adult services agency, social 28 work, domestic violence counselor or crisis response team member, 29 while acting in a professional capacity and within the scope of usual 30 employment or volunteer capacity, may report, as provided for in 31 subsection a. of this section, or cause to be reported, any observed 32 or suspected act of cruelty to an animal, if, in the professional 33 judgment of the person reporting the incident, the report would not 34 endanger a child or adult or place either in a vulnerable position and 35 at risk of harm. 36 d. Any report submitted pursuant to this section, to the extent 37 possible, shall contain the name and address of the person suspected 38 of committing the act of cruelty, the time and location of the alleged 39 act of cruelty, the extent of the injury to the animal, the type of 40 animal cruelty offense committed, if applicable, and any other 41 information that the person reporting the act believes may be 42 helpful to an investigation of the offense. 43 e. Anyone acting pursuant to this section in the submitting of a 44 report of animal cruelty under this act shall have immunity from 45 any liability, civil or criminal, that might otherwise be incurred or 46 imposed. Any such person shall have the same immunity with 47 respect to testimony given in any judicial proceeding resulting from [2R] AS for A2649 ACS VAN DREW, ALBANO 18 such report. A person who reports 1 or causes to report in good faith 2 an allegation of a violation of P.L. , c. (C. ) (pending before 3 the Legislature as this bill), and as a result thereof is discharged 4 from employment or in any manner discriminated against with 5 respect to compensation, hire, tenure or terms, conditions or 6 privileges of employment, may file a cause of action for appropriate 7 relief in the Superior Court in the county in which the discharge or 8 alleged discrimination occurred or in the county of the person's 9 primary residence. 10 f. Any person required to make a report pursuant to subsection 11 b. this section who fails to make such a report shall be subject to a 12 civil penalty of $250. 13 14 19. (New section) Any reference to animal cruelty or animal 15 cruelty violations under Title 4 of the Revised Statutes shall refer to 16 an act of animal cruelty or an animal cruelty violation under Title 17 2C of the New Jersey Statutes or Title 4 of the Revised Statutes, as 18 applicable, and as provided pursuant to P.L. , c. (C. ) 19 (pending before the Legislature as this bill). 20 21 20. (New section) Animal incapacitation. 22 a. A person is guilty of the crime of animal incapacitation if 23 the person, acting either alone or with one or more other persons, is 24 engaged in the commission of, or an attempt to commit, or flight 25 after committing or attempting to commit, a crime specified in 26 chapters 11 through 18 of Title 2C of the New Jersey Statutes and 27 in the course of such crime or of immediate flight therefrom, any 28 person causes the death of, or serious bodily injury to, an animal, 29 except as otherwise authorized under section 3 of P.L. , 30 c. (C. ) (pending before the Legislature as this bill), R.S.4:22- 31 16, or section 1 of P.L.1995, c.311 (C.4:22-16.1). 32 b. A violation of this section is a crime of the third degree if 33 the defendant purposely committed the act of animal incapacitation 34 or if the act of animal incapacitation results in the death of an 35 animal. Otherwise, it is a crime of the fourth degree. 36 c. Notwithstanding the provisions of N.J.S.2C:1-8 or any other 37 law, a conviction of animal incapacitation under this section shall 38 not merge with a conviction of any other offense, including but not 39 limited to any of the underlying offenses referred to in subsection a. 40 of this section, nor shall any such other conviction merge with a 41 conviction for animal incapacitation. The court shall impose 42 separate sentences upon each violation of this section and any other 43 offense. 44 d. Nothing contained in this section shall be deemed to 45 preclude, if the evidence so warrants, an indictment and conviction 46 for a violation of any of the provisions of P.L. , c. (C. ) 47 (pending before the Legislature as this bill) or any other law. [2R] AS for A2649 ACS VAN DREW, ALBANO 19 21. (New section) Use of an animal 1 in a drug distribution 2 scheme. 3 a. A person is guilty of the crime of use of an animal in a drug 4 distribution scheme if the person implants or places in or on an 5 animal, by surgery, ingestion, or other means, a controlled 6 dangerous substance or controlled substance analog as defined in 7 Title 2C of the New Jersey Statutes to facilitate the commission of, 8 or an attempt to commit, or flight after committing or attempting to 9 commit any crime or offense enumerated in chapters 35 or 36 of 10 Title 2C of the New Jersey Statutes, or otherwise uses the animal 11 for such purpose, or causes or procures such acts to be done. 12 b. A violation of this section is a crime of the third degree, and 13 a person convicted of a violation of this section shall be sentenced 14 to a term of imprisonment. The term of imprisonment shall include 15 the imposition of a minimum term which shall be fixed at, or 16 between, one-third and one-half of the sentence imposed, or three 17 years, whichever is greater, during which the defendant shall be 18 ineligible for parole. 19 c. Notwithstanding the provisions of subsection b. of 20 N.J.S.2C:43-3, the court may impose a fine of up to $100,000 or 21 five times the street value of the controlled dangerous substance or 22 controlled substance analog involved, whichever is greater. 23 d. Notwithstanding the provisions of N.J.S.2C:1-8 or any other 24 law, a conviction of use of an animal in a drug distribution scheme 25 under this section shall not merge with a conviction of any other 26 offense, including but not limited to any of the underlying offenses 27 referred to in subsection a. of this section, nor shall any such other 28 conviction merge with a conviction for use of an animal in a drug 29 distribution scheme. The court shall impose separate sentences 30 upon each violation of this section and any other offense. 31 e. Nothing contained in this section shall be deemed to 32 preclude, if the evidence so warrants, an indictment and conviction 33 for a violation of any of the provisions of P.L. , c. (C. ) 34 (pending before the Legislature as this bill) or any other law. 35 36 22. (New section) As used in this article, the terms "animal," ?animal cruelty investigator,? 137 ?animal rescue organization,? ?animal rescue organization facility,?1 38 ?bait,? ?bodily injury,? ?caretaker,? ?cat,? 1?certified animal control officer,?1 39 ?certified 40 livestock inspector,? ?dog,? ?domestic livestock,? ?domesticated animal,? 1[?euthanize,?]1 ?euthanasia,? 141 ?euthanize,? ?humane law enforcement officer,? ?intimate parts,?1 42 ?minimum care,? 1?overwork,?1 43 "owner of an animal,? "owner of the animal,? ?person,? ?possession,? ?serious bodily injury,? 144 ?sexual contact,? ?sexual penetration,?1 ?significant bodily injury,? 1[and]1 45 ?State Veterinarian 1,1 ? 1?torment,? and ?torture?1 46 shall have the same [2R] AS for A2649 ACS VAN DREW, ALBANO 20 meaning 1[in this article]1 1 as they are defined in section 2 of 2 P.L. , c. (C. ) (pending before the Legislature as this bill). 3 4 23. (New section) Any reference to animal cruelty or animal 5 cruelty violations under Title 4 of the Revised Statutes shall refer to 6 an act of animal cruelty or an animal cruelty violation under Title 7 2C of the New Jersey Statutes or Title 4 of the Revised Statutes, as 8 applicable and as provided pursuant to P.L. , c. (C. ) 9 (pending before the Legislature as this bill) or any subsequently 10 enacted laws providing for acts of animal cruelty or animal cruelty 11 violations. 12 13 24. (New section) The Department of Agriculture, the 14 Department of Health and Senior Services, and the Department of 15 Environmental Protection shall have the authority to determine the 16 proper, humane treatment of animals for the elimination and control 17 of disease, and no provision of P.L. , c. (C. ) (pending before 18 the Legislature as this bill) may be construed to abridge or 19 supersede in any way this authority. These departments shall, in 20 programs and efforts to eliminate and control disease in animal 21 populations and the spread of disease between animals and human 22 beings, consider and provide for the humane treatment and, to the 23 extent possible, the prevention of cruelty to diseased or disabled 24 animals and animals exposed to disease or disability. 25 26 25. R.S.4:22-16 is amended to read as follows: 27 4:22-16. Nothing contained in [this act] chapter 22 of Title 4 of 28 the Revised Statutes or P.L. , c. (C. ) (pending before the 29 Legislature as this bill) shall be construed to prohibit or interfere 30 with: 31 a. Properly conducted scientific experiments performed under 32 the authority of the Department of Health and Senior Services or the 33 United States Department of Agriculture. Those departments may 34 authorize the conduct of such experiments or investigations by 35 agricultural stations and schools maintained by the State or federal 36 government, or by any public or private schools, medical societies, 37 universities, colleges and institutions incorporated or authorized to 38 do business in this State and having among their corporate purposes 39 investigation into the causes, nature, prevention and cure of 40 diseases in [men] human beings and animals; and may for cause 41 revoke such authority. 42 b. The killing or disposing of an animal by virtue of the order 43 of a constituted authority of the State or the federal government. 44 c. The shooting or taking of game or game fish in such manner 45 and at such times as is allowed or provided by the laws of this State. 46 d. The training or engaging of a dog to accomplish a task or 47 participate in an activity or exhibition designed to develop the [2R] AS for A2649 ACS VAN DREW, ALBANO 21 physical or mental characteristics of that 1 dog. These activities shall 2 be carried out in accordance with the practices, guidelines or rules 3 established by an organization founded for the purpose of 4 promoting and enhancing working dog activities or exhibitions; in a 5 manner which does not adversely affect the health or safety of the 6 dog; and may include avalanche warning, guide work, obedience 7 work, carting, dispatching, freight racing, packing, sled dog racing, 8 sledding, tracking, and weight pull demonstrations. 9 e. The raising, keeping, care, treatment, marketing, and sale of 10 domestic livestock in accordance with the standards developed and 11 adopted therefor pursuant to subsection a. of section 1 of P.L.1995, 12 c.311 (C.4:22-16.1). 13 f. The killing or disposing of, by a reasonable or commercially 14 acceptable method or means, a Norway or brown rat (Rattus 15 norvegicus), black rat (Rattus rattus), or house mouse (Mus 16 musculus) by any person, or with the permission or at the direction 17 of that person, while the animal is on property either owned or 18 leased by, or otherwise under the control of, that person, provided 19 that the animal is not a pet. 20 g. The properly conducted practice of veterinary medicine by a 21 licensed veterinarian. 22 (cf: P.L.1997, c.88, s.1) 23 24 26. Section 1 of P.L.1995, c.311 (C.4:22-16.1) is amended to 25 read as follows: 1. a. 1[(1)]1 26 The State Board of Agriculture and the 27 Department of Agriculture, in consultation with the New Jersey Agricultural Experiment Station 128 [and within six months of the date of enactment of ]1 [this act] 129 [P.L.1995, c.311 (C.4:22-16.1 et seq.)]1 30 , shall develop and adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.): [(1)] 31 32 standards for the humane raising, keeping, care, treatment, marketing, 1display, exhibition,1 33 and sale of domestic livestock; and 34 [(2)] rules and regulations governing the enforcement of those 35 standards. 136 [(2) These standards, rules and regulations shall provide for, in 37 addition to any other provisions determined to be necessary by the 38 State Board of Agriculture and the Department of Agriculture, the 39 minimum care of domestic livestock, including but not limited to: 40 (a) humane practices involving domestic livestock; 41 (b) standards for the minimum care of diseased or disabled 42 domestic livestock or domestic livestock exposed to disease or 43 disability; 44 and 45 (c) These standards, rules and regulations shall also provide for 46 standards for the proper, humane display or exhibition of domestic 47 livestock. [2R] AS for A2649 ACS VAN DREW, ALBANO 22 Provisions adopted pursuant to subparagraph 1 (a) of paragraph (2) 2 of this subsection shall prohibit the cropping or cutting off of one or 3 both, or any part thereof, of the animal's ears, without a reasonable 4 medical explanation and, whenever possible, verification by a 5 licensed veterinarian of the medical explanation. 6 No provision adopted pursuant to subparagraph (b) of paragraph 7 (2) of this subsection may be construed to supersede in any way the 8 authority of the Department of Agriculture to eliminate or control 9 disease in animal populations, control the spread of disease between 10 animals and human beings, or protect public health and safety, but 11 any quarantining, killing, or disposal of animals required as a result 12 of the exercise of this authority shall be carried out as humanely as 13 the circumstances and the protection of the public health and safety allow, as determined by the department.]1 14 b. Notwithstanding any provision in 115 [this title] P.L. , c. 16 (C. ) (pending before the Legislature as this bill) or chapter 22 of Title 4 of the Revised Statutes1 17 to the contrary: 18 (1) there shall exist a presumption that the raising, keeping, care, treatment, marketing, 1display, exhibition,1 19 and sale of 20 domestic livestock in accordance with the standards developed and 21 adopted therefor pursuant to subsection a. of this section shall not constitute a violation of any provision of 122 [this title] P.L. , c. 23 (C. ) (pending before the Legislature as this bill) or chapter 22 of Title 4 of the Revised Statutes1 24 involving alleged cruelty to, or 25 inhumane care or treatment of, domestic livestock; 26 (2) no person may be cited or arrested for a first offense 27 involving a minor or incidental violation, as defined by rules and 28 regulations adopted pursuant to subsection a. of this section, of any provision of 129 [this title] P.L. , c. (C. ) (pending before the 30 Legislature as this bill) or chapter 22 of Title 4 of the Revised Statutes1 31 involving alleged cruelty to, or inhumane care or 32 treatment of, domestic livestock, unless that person has first been 33 issued a written warning. 34 c. For the purposes of [this act] P.L.1995, c.311 (C.4:22-16.1 35 et seq.), "domestic livestock" means cattle, horses, donkeys, swine, 36 sheep, goats, rabbits, poultry, or fowl [, and any other domesticated 37 animal], and any animal designated as agricultural livestock 38 pursuant to chapter 2 of Title 4 of the Revised Statutes. Domestic 39 livestock shall also include any other animal raised, kept, marketed, 40 or sold for agricultural purposes and deemed by the State Board of 41 Agriculture and the Department of Agriculture, in consultation with 42 the New Jersey Agricultural Experiment Station, to be domestic 43 livestock [for such purposes], according to rules and regulations 44 adopted by the department and the board pursuant to the 45 "Administrative Procedure Act[."], " P.L.1968, c.410 (C.52:14B-1 46 et seq.). [2R] AS for A2649 ACS VAN DREW, ALBANO 23 d. The Department of Agriculture shall 1 coordinate its actions to 2 enforce the rules and regulations established pursuant to this section 3 with the certified livestock inspector, and with any investigation of an animal cruelty offense 1[,]1 4 established under P.L. , c. 5 (C. ) (pending before the Legislature as this bill), conducted by 6 any humane law enforcement officer, animal cruelty investigator, or 7 other State or local law enforcement officer involved in an 8 investigation of animal cruelty. 9 e. Nothing in this section shall be deemed to confer upon the 10 Department of Agriculture jurisdiction over criminal violations of 11 P.L. , c. (C. ) (pending before the Legislature as this bill); provided, however, that 112 [the Department of Agriculture or] 13 alleged animal cruelty involving domestic livestock shall be reported to1 a certified livestock inspector 114 [shall be consulted in any investigation of animal cruelty involving domestic livestock]1 15 . The requirement to 116 [consult with the Department of Agriculture or] report to1 17 a certified livestock inspector shall not be construed to prevent the initiation of an investigation 1, prosecution1 18 or 1other1 action to protect an animal from 1[immediate and serious]1 19 bodily injury 120 [.] or to remedy any bodily injury inflicted on the 21 animal. 22 f. The provisions of subsections a., b. and d. of this section shall 23 not apply to domestic livestock kept as a domestic companion 24 animal as defined pursuant to N.J.S.2C:20-1 in a residential or other 25 nonagricultural setting, or on a farm or in a farm-like setting but 26 exclusively for uses other than agricultural purposes or any other 27 purposes associated with a farm, farming operation, or the production of agricultural products.1 28 29 (cf: P.L.1995, c.311, s.1) 30 31 27. The title to part B of article 2 of chapter 22 of Title 4 of the 32 Revised Statutes is amended to read as follows: 33 B. [MISDEMEANORS AND FINES] PROHIBITED 34 METHODS AND DEVICES FOR DESTRUCTION OF ANIMALS. 35 (cf: Title, part B, article 2, chapter 22, Title 4 of the Revised 36 Statutes) 37 38 28. Section 1 of P.L.1988, c.160 (C.4:22-19.3) is amended to 39 read as follows: 40 1. Whenever any dog, cat, or any other [domestic] 41 domesticated animal is to be destroyed, the use of succinylcholine 42 chloride, curare, curariform drugs, or any other substance which 43 acts as a neuromuscular blocking agent is prohibited. A person who 44 violates this section shall be guilty of improper euthanizing of an [2R] AS for A2649 ACS VAN DREW, ALBANO 24 animal pursuant to section 11 of 1 P.L. , c. (C. ) (pending 2 before the Legislature as this bill). 3 (cf: P.L. 1988, c. 160, s. 1.) 4 5 29. The title to part C of article 2 of chapter 22 of Title 4 of the 6 Revised Statutes is amended to read as follows: 7 C. CIVIL PENALTIES; RECOVERY. 8 (cf: Title, part C, article 2, chapter 22, Title 4 of the Revised 9 Statutes) 10 11 30. (New section) a. Any person who commits an act described under section 5, 6, 7, 9, 10, 111,1 12, 1or1 13 1[, or 14]1 12 of P.L. , 13 c. (C. ) (pending before the Legislature as this bill) shall be 14 liable for civil penalties for an act of cruelty to animals as provided in subsection b. of this section. 115 [These penalties may be sued for, 16 and recovered, with costs, in a civil action brought in] 17 The New Jersey Society for the Prevention of Cruelty to Animals 18 or a county society for the prevention of cruelty to animals, as 19 appropriate, or any person on the behalf thereof, or a certified 20 animal control officer or animal cruelty investigator on behalf of a 21 municipality, may bring an action, pursuant to the ?Penalty 22 Enforcement Law of 1999,? P.L.1999, c.274 (C.2A:58-10 et seq.), in1 Superior Court 123 [by the New Jersey Society for the Prevention 24 of Cruelty to Animals, or a county society for the prevention of 25 cruelty to animals, as appropriate, or, in the name of the 26 municipality if brought by a certified animal control officer or 27 animal cruelty investigator.] or municipal court to impose or collect 28 a civil penalty established pursuant to this section. The person 29 bringing the action may also seek restitution for the costs for food, 30 drink, shelter, or veterinary care or treatment, or other costs, 31 incurred by the owner of the animal, if the owner is not the person 32 committing the act of cruelty, to the individual or agency, entity, or 33 organization bearing such costs or investigating the violation, 34 including, but not limited to, the New Jersey Society for the 35 Prevention of Cruelty to Animals, a county society for the 36 prevention of cruelty to animals, any other recognized organization 37 concerned with the prevention of cruelty to animals or the humane 38 treatment and care of animals, or a local or State governmental 39 entity. 40 The action shall be decided by the court in a summary manner. 41 The Superior Court may award attorney fees and costs in any such 42 action brought in that court. Penalties collected pursuant to this subsection shall be distributed pursuant to R.S.4:22-55. 1 43 44 b. The civil penalties for acts of cruelty to animals shall be as 45 follows for an act of cruelty to an animal described in P.L. , 46 c. (C. ) (pending before the Legislature as this bill) as: [2R] AS for A2649 ACS VAN DREW, ALBANO 25 (1) animal abuse under section 5 of 1 P.L. , c. (C. ) (pending 2 before the Legislature as this bill), animal abandonment at an 3 animal care facility under subsection a. of section 7 of P.L. , 4 c. (C. ) (pending before the Legislature as this bill), or animal 5 neglect under paragraph (1) of subsection a. of section 9 of P.L. , c. (C. ) (pending before the Legislature as this bill), 16 or 7 improper euthanizing of an animal under section 11 of P.L. , c. (C. ) (pending before the Legislature as this bill),1 8 or cruel 9 commercial exploitation of an animal under paragraphs (1) through 10 (5) of subsection a. of section 12 of P.L. , c. (C. ) (pending 11 before the Legislature as this bill), a sum of not less than $500 nor 12 more than $2,500; 13 (2) aggravated animal abuse under paragraph (1), (2) or (3) of 14 subsection a. of section 6 of P.L. , c. (C. ) (pending before 15 the Legislature as this bill), animal abandonment under subsection 16 b. of section 7 of P.L. , c. (C. ) (pending before the 17 Legislature as this bill), aggravated animal neglect under paragraph 18 (2) of subsection a. of section 9 of P.L. , c. (C. ) (pending 19 before the Legislature as this bill), animal hoarding under section 20 10 of P.L. , c. (C. ) (pending before the Legislature as this 21 bill), or cruel commercial exploitation of an animal under paragraph 22 (6), (7), or (8) of subsection a. of section 12 of P.L. , c. (C. ) 23 (pending before the Legislature as this bill), a sum of not less than 24 $1,500 nor more than $3,000; 25 (3) aggravated animal abuse under paragraph (4), (5) or (6) of 26 subsection a. of section 6 of P.L. , c. (C. ) (pending before 27 the Legislature as this bill) or animal fighting under paragraph (2) 28 of subsection a. of section 13 of P.L. , c. (C. ) (pending 29 before the Legislature as this bill), a sum of not less than $3,000 nor 30 more than $5,000; and 31 (4) aggravated animal abuse under paragraph (7) or (8) of 32 subsection a. of section 6 of P.L. , c. (C. ) (pending before 33 the Legislature as this bill), animal fighting under paragraph (1) or 34 paragraph (3) of subsection a. of section 13 of P.L. , c. (C. ) 35 (pending before the Legislature as this bill), a sum of not less than 36 $5,000 nor more than $7,500. 37 138 31. (New section) In addition to any action brought pursuant to 39 section 30 of P.L. , c. (C. _) (pending before the Legislature 40 as this bill), an action may be brought in Superior Court against the 41 person found liable for a civil penalty pursuant to section 30 of 42 P.L. , c. (C. _) (pending before the Legislature as this bill) 43 to forfeit the possession of any animal involved in the commission 44 of the offense and any other animal in the possession of the person. 45 Pending the resolution of the action, the court may confiscate any 46 animal and order custody and care of any animal to be assigned to 47 an appropriate person, organization, or entity. When the court [2R] AS for A2649 ACS VAN DREW, ALBANO 26 orders a defendant to forfeit possession 1 of an animal, the court may 2 further order that all rights to possess the animal be given over to an 3 appropriate person or agency demonstrating a willingness to accept 4 and care for the animal or to an appropriate animal care agency for 5 further disposition in accordance with accepted practices for 6 humane treatment of animals. The court may also order forfeiture 7 of other animals owned by, or in the possession of, the defendant, 8 and that all rights to possess any such animal be given over to an 9 appropriate person, organization, or entity. 10 Except in cases of extreme financial hardship, the court shall 11 require a person subject to forfeiture of an animal pursuant to this 12 section or chapter 22 of Title 4 of the Revised Statutes to post a 13 bond or make other appropriate financial arrangements to pay for 14 the cost of caring for the animal while it is held at a kennel, shelter, 15 pound, animal rescue organization facility, or other facility for the 16 temporary care and housing of animals, including the cost of any 17 veterinary care addressing any bodily injury caused by the violation 18 that resulted in the forfeiture of the animal. 19 The court may also order restrictions on the ownership of an 20 animal by a person found liable for civil penalties pursuant to this 21 section, including, but not limited to, imposing a prohibition from 22 ownership or care of an animal for a period of time or permanent 23 prohibition from owning or caring for any animal for the natural life of the person.1 24 25 1[31.] 32.1 26 (New section) a. When contacted concerning, or in 27 the course of investigating, animal cruelty involving domestic 28 livestock, a law enforcement officer, animal cruelty investigator, 29 animal control officer, or humane law enforcement officer of the 30 New Jersey Society for the Prevention of Cruelty to Animals or a 31 county society for the prevention of cruelty to animals shall 1[notify and consult with] report the incident to1 32 a certified 33 livestock inspector. The requirement to 134 [notify and consult with] report the incident to1 35 a certified livestock inspector pursuant to this section shall not be construed to prevent the initiation of an investigation 136 , prosecution,1 or 1other1 37 action to protect an animal from 1[immediate and serious]1 bodily injury 138 or to remedy any bodily injury inflicted on the animal1 . Failure to 139 [consult with] report to1 the certified livestock inspector shall not 140 [be construed as] constitute1 grounds to dismiss 1[the] any1 41 prosecution of an alleged animal cruelty violation 142 or any civil action concerning animal cruelty1 43 . 44 b. Any certified livestock inspector suspecting animal cruelty 45 involving domestic livestock shall call upon the assistance of any law enforcement officer, animal 146 [control officer] cruelty [2R] AS for A2649 ACS VAN DREW, ALBANO 27 investigator1 , or humane law enforcement 1 officer of the New 2 Jersey Society for the Prevention of Cruelty to Animals or a county 3 society for the prevention of cruelty to animals who serves in the 4 jurisdiction in which the animal cruelty involving domestic 5 livestock is suspected to assist in the investigation and the 6 prosecution of the suspected animal cruelty offense. 7 1[32.] 33.1 8 Section 4 of P.L.2003, c.67 (C.2B:12-17.1) is 9 amended to read as follows: 10 4. As required pursuant to section 3 of P.L.2003, c.67 (C.4:22- 11 57), [a municipal court adjudging] upon a finding of guilt or 12 liability for a violation of any provision of P.L. , c. (C. ) 13 (pending before the Legislature as this bill), chapter 22 of Title 4 of 14 the Revised Statutes, [shall charge] or any subsequently enacted 15 law establishing an animal cruelty offense, the prosecutor, humane 16 law enforcement officer of the New Jersey Society for the 17 Prevention of Cruelty to Animals or the [district (county)] county 18 society for the prevention of cruelty to animals, or other appropriate 19 person, other than a certified animal control officer, [with the 20 responsibility to] shall notify , within 30 days after the finding of 21 guilt or liability, the Commissioner of Health and Senior Services, 22 in writing, of the full name of the person found guilty of, or liable 23 for, an applicable violation, and the violation for which or of which 24 that person was found guilty or liable [, and the person charged 25 with the responsibility shall provide such notice]. 26 (cf: P.L.2003, c.67, s.4) 27 1[33.] 34.1 28 N.J.S.2C:44-1 is amended to read as follows: 29 2C:44-1. Criteria for Withholding or Imposing Sentence of 30 Imprisonment. 31 a. In determining the appropriate sentence to be imposed on a 32 person who has been convicted of an offense, the court shall 33 consider the following aggravating circumstances: 34 (1) The nature and circumstances of the offense, and the role of 35 the actor therein, including whether or not it was committed in an 36 especially heinous, cruel, or depraved manner; 37 (2) The gravity and seriousness of harm inflicted on the victim, 38 including whether or not the defendant knew or reasonably should 39 have known that the victim of the offense was particularly 40 vulnerable or incapable of resistance due to advanced age, ill41 health, or extreme youth, or was for any other reason substantially 42 incapable of exercising normal physical or mental power of 43 resistance; 44 (3) The risk that the defendant will commit another offense; 45 (4) A lesser sentence will depreciate the seriousness of the 46 defendant's offense because it involved a breach of the public trust [2R] AS for A2649 ACS VAN DREW, ALBANO 28 under chapters 27 and 30, or 1 the defendant took advantage of a 2 position of trust or confidence to commit the offense; 3 (5) There is a substantial likelihood that the defendant is 4 involved in organized criminal activity; 5 (6) The extent of the defendant's prior criminal record and the 6 seriousness of the offenses of which he has been convicted; 7 (7) The defendant committed the offense pursuant to an 8 agreement that he either pay or be paid for the commission of the 9 offense and the pecuniary incentive was beyond that inherent in the 10 offense itself; 11 (8) The defendant committed the offense against a police or 12 other law enforcement officer, correctional employee or fireman, 13 acting in the performance of his duties while in uniform or 14 exhibiting evidence of his authority; the defendant committed the 15 offense because of the status of the victim as a public servant; or the 16 defendant committed the offense against a sports official, athletic 17 coach or manager, acting in or immediately following the 18 performance of his duties or because of the person's status as a 19 sports official, coach or manager; 20 (9) The need for deterring the defendant and others from 21 violating the law; 22 (10) The offense involved fraudulent or deceptive practices 23 committed against any department or division of State government; 24 (11) The imposition of a fine, penalty or order of restitution 25 without also imposing a term of imprisonment would be perceived 26 by the defendant or others merely as part of the cost of doing 27 business, or as an acceptable contingent business or operating 28 expense associated with the initial decision to resort to unlawful 29 practices; 30 (12) The defendant committed the offense against a person who 31 he knew or should have known was 60 years of age or older, or 32 disabled; and 33 (13) The defendant, while in the course of committing or 34 attempting to commit the crime, including the immediate flight 35 therefrom, used or was in possession of a stolen motor vehicle. 36 b. In determining the appropriate sentence to be imposed on a 37 person who has been convicted of an offense, the court may 38 properly consider the following mitigating circumstances: 39 (1) The defendant's conduct neither caused nor threatened 40 serious harm; 41 (2) The defendant did not contemplate that his conduct would 42 cause or threaten serious harm; 43 (3) The defendant acted under a strong provocation; 44 (4) There were substantial grounds tending to excuse or justify 45 the defendant's conduct, though failing to establish a defense; 46 (5) The victim of the defendant's conduct induced or facilitated 47 its commission; [2R] AS for A2649 ACS VAN DREW, ALBANO 29 (6) The defendant has 1 compensated or will compensate the 2 victim of his conduct for the damage or injury that he sustained, or 3 will participate in a program of community service; 4 (7) The defendant has no history of prior delinquency or 5 criminal activity or has led a law-abiding life for a substantial 6 period of time before the commission of the present offense; 7 (8) The defendant's conduct was the result of circumstances 8 unlikely to recur; 9 (9) The character and attitude of the defendant indicate that he is 10 unlikely to commit another offense; 11 (10) The defendant is particularly likely to respond affirmatively 12 to probationary treatment; 13 (11) The imprisonment of the defendant would entail excessive 14 hardship to himself or his dependents; 15 (12) The willingness of the defendant to cooperate with law 16 enforcement authorities; 17 (13) The conduct of a youthful defendant was substantially 18 influenced by another person more mature than the defendant. 19 c. (1) A plea of guilty by a defendant or failure to so plead shall 20 not be considered in withholding or imposing a sentence of 21 imprisonment. 22 (2) When imposing a sentence of imprisonment the court shall 23 consider the defendant's eligibility for release under the law 24 governing parole, including time credits awarded pursuant to Title 25 30 of the Revised Statutes, in determining the appropriate term of 26 imprisonment. 27 d. Presumption of imprisonment. The court shall deal with a 28 person who has been convicted of a crime of the first or second 29 degree by imposing a sentence of imprisonment unless, having 30 regard to the character and condition of the defendant, it is of the 31 opinion that his imprisonment would be a serious injustice which 32 overrides the need to deter such conduct by others. Notwithstanding 33 the provisions of subsection e. of this section, the court shall deal 34 with a person who has been convicted of theft of a motor vehicle or 35 of the unlawful taking of a motor vehicle and who has previously 36 been convicted of either offense by imposing a sentence of 37 imprisonment unless, having regard to the character and condition 38 of the defendant, it is of the opinion that his imprisonment would be 39 a serious injustice which overrides the need to deter such conduct 40 by others. 41 e. The court shall deal with a person convicted of an offense 42 other than a crime of the first or second degree, who has not 43 previously been convicted of an offense, without imposing a 44 sentence of imprisonment unless, having regard to the nature and 45 circumstances of the offense and the history, character and 46 condition of the defendant, it is of the opinion that his imprisonment 47 is necessary for the protection of the public under the criteria set [2R] AS for A2649 ACS VAN DREW, ALBANO 30 forth in subsection a., except that this subsection 1 shall not apply if 2 the person is convicted of any of the following crimes of the third 3 degree: theft of a motor vehicle; unlawful taking of a motor vehicle; 4 eluding; if the person is convicted of a crime of the third degree 5 constituting use of a false government document in violation of 6 subsection c. of section 1 of P.L.1983, c.565 (C.2C:21-2.1); if the 7 person is convicted of a crime of the third degree constituting 8 distribution, manufacture or possession of an item containing 9 personal identifying information in violation of subsection b. of 10 section 6 of P.L.2003, c.184 (C.2C:21-17.3); [or] if the person is 11 convicted of a crime of the third or fourth degree constituting bias 12 intimidation in violation of N.J.S.2C:16-1; [or] if the person is 13 convicted of a crime of the third or fourth degree under the 14 provisions of section 1 or 2 of P.L.1997, c.111 (C.2C:11-5.1 or 15 2C:12-1.1); if the person has been convicted of a violation of 16 section 21 of P.L. , c. (C. ) (pending before the Legislature as 17 this bill); or if the person is convicted of aggravated animal abuse 18 that constitutes a violation of paragraph (4), (5), (6), or (7) of 19 subsection a. of section 6 of P.L. , c. (C. ) (pending before 20 the Legislature as this bill). 21 f. Presumptive Sentences. (1) Except for the crime of murder, 22 unless the preponderance of aggravating or mitigating factors, as set 23 forth in subsections a. and b., weighs in favor of a higher or lower 24 term within the limits provided in N.J.S.2C:43-6, when a court 25 determines that a sentence of imprisonment is warranted, it shall 26 impose sentence as follows: 27 (a) To a term of 20 years for aggravated manslaughter or 28 [kidnaping] kidnapping pursuant to paragraph (1) of subsection c. 29 of N.J.S.2C:13-1 when the offense constitutes a crime of the first 30 degree; 31 (b) Except as provided in paragraph (a) of this subsection to a 32 term of 15 years for a crime of the first degree; 33 (c) To a term of seven years for a crime of the second degree; 34 (d) To a term of four years for a crime of the third degree; and 35 (e) To a term of nine months for a crime of the fourth degree. 36 In imposing a minimum term pursuant to 2C:43-6b., the 37 sentencing court shall specifically place on the record the 38 aggravating factors set forth in this section which justify the 39 imposition of a minimum term. 40 Unless the preponderance of mitigating factors set forth in 41 subsection b. weighs in favor of a lower term within the limits 42 authorized, sentences imposed pursuant to 2C:43-7a.(1) shall have a 43 presumptive term of life imprisonment. Unless the preponderance 44 of aggravating and mitigating factors set forth in subsections a. and 45 b. weighs in favor of a higher or lower term within the limits 46 authorized, sentences imposed pursuant to 2C:43-7a.(2) shall have a 47 presumptive term of 50 years' imprisonment; sentences imposed [2R] AS for A2649 ACS VAN DREW, ALBANO 31 pursuant to 2C:43-7a.(3) shall have 1 a presumptive term of 15 years' 2 imprisonment; and sentences imposed pursuant to 2C:43-7a.(4) 3 shall have a presumptive term of seven years' imprisonment. 4 In imposing a minimum term pursuant to 2C:43-7b., the 5 sentencing court shall specifically place on the record the 6 aggravating factors set forth in this section which justify the 7 imposition of a minimum term. 8 (2) In cases of convictions for crimes of the first or second 9 degree where the court is clearly convinced that the mitigating 10 factors substantially outweigh the aggravating factors and where the 11 interest of justice demands, the court may sentence the defendant to 12 a term appropriate to a crime of one degree lower than that of the 13 crime for which he was convicted. If the court does impose 14 sentence pursuant to this paragraph, or if the court imposes a 15 noncustodial or probationary sentence upon conviction for a crime 16 of the first or second degree, such sentence shall not become final 17 for 10 days in order to permit the appeal of such sentence by the 18 prosecution. 19 g. Imposition of Noncustodial Sentences in Certain Cases. If 20 the court, in considering the aggravating factors set forth in 21 subsection a., finds the aggravating factor in paragraph a.(2) or 22 a.(12) and does not impose a custodial sentence, the court shall 23 specifically place on the record the mitigating factors which justify 24 the imposition of a noncustodial sentence. 25 h. Except as provided in section 2 of P.L.1993, c.123 (C.2C:43- 26 11), the presumption of imprisonment as provided in subsection d. 27 of this section shall not preclude the admission of a person to the 28 Intensive Supervision Program, established pursuant to the Rules 29 Governing the Courts of the State of New Jersey. 30 (cf: P.L.2003, c.184, s.4) 31 1[34.] 35.1 32 Section 2 of P.L.1985, c. 433 (C.4:15-14) is 33 amended to read as follows: 34 2. An organization created for the purpose of promoting the 35 breeding, care, and training of dogs to draw sleds, carts, or wheel 36 rigs, including the International Sled Dog Racing Association and 37 its affiliates in this State, or other similar association which has 38 been in existence for at least five years and which has been 39 classified as a nonprofit corporation and certified as exempt from 40 the payment of federal income tax by the Internal Revenue Service 41 of the United States Department of the Treasury may conduct or 42 sponsor dog sled races or exhibitions of dog sled racing, carting, 43 weight pull, and freight racing skill with dogs specifically bred and 44 trained for that purpose, in conjunction with the owners thereof. 45 The proper care, humane treatment, and protection of a dog 46 participating in a dog sled race, freight race, weight pull, or carting 47 exhibition shall be the responsibility of its owner and all dog sled [2R] AS for A2649 ACS VAN DREW, ALBANO 32 races, freight race, weight pull, or carting 1 exhibitions shall be 2 conducted in a manner not inconsistent with the provisions of 3 P.L. , c. (C. ) (pending before the Legislature as this bill), 4 any subsequently enacted law establishing an animal cruelty 5 offense, or chapter 22 of Title 4 of the Revised Statutes. 6 (cf: P.L.1985, c.433, s.2) 7 1[35.] 36.1 8 Section 14 of P.L.1941, c.151 (C. 4:19-15.14) is 9 amended to read as follows: 10 14. a. The [State] Department of Health and Senior Services 11 shall, within six months of the approval of [this act] P.L.1941, 12 c.151 (C.4:19-15.1 et seq.) and with the [co-operation] cooperation 13 and assistance of the [State] Department of Agriculture, prepare 14 and promulgate rules and regulations governing the sanitary 15 conduct and operation of kennels, pet shops, shelters and pounds, to 16 preserve sanitation therein and prevent the spread of rabies and 17 other diseases of dogs within and from such establishments. 18 b. No later than 180 days after the date of enactment of 19 P.L. , c. (C. ) (pending before the Legislature as this bill), the Department of Health and Senior Services, in 120 [consultation] cooperation1 21 with the Department of Agriculture, shall revise the 22 rules and regulations adopted pursuant to subsection a. of this 23 section to comply with the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), except 2[for] that2 24 the 25 provision requiring veterinary care designed to prevent or relieve 26 injury, neglect or disease and the provision requiring reasonable 27 access to a clean and adequate exercise area as part of the 28 requirements for minimum care established pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) 229 shall not apply to shelters and pounds230 . Nevertheless, the rules and regulations shall require 2shelters and pounds to provide2 31 prompt, basic veterinary care 2[at kennels, pet shops, shelters or pounds]232 , 33 and, to the extent possible as determined by the Department of 34 Health and Senior Services, appropriate exercise or appropriate access to an exercise area for the type or breed of animal 235 [at kennels, pet shops, shelters or pounds]2 36 . 37 [Such] c. The rules and regulations adopted pursuant to this 38 section shall be enforced by the [State] Department of Health and Senior Services 1[and by] ,1 local boards of health 139 , and local health agencies1 40 . 41 (cf: P.L.1941, c.151, s.14) 42 1[36.] 37.1 43 Section 16 of P.L.1941, c.151 (C.4:19-15.16) is 44 amended to read as follows: [2R] AS for A2649 ACS VAN DREW, ALBANO 33 16. a. Any person appointed for the pu 1 rpose of animal control 2 by the governing body of the municipality shall take into custody 3 and impound or cause to be taken into custody and impounded, and 4 thereafter [destroyed or] offered for adoption or euthanized as 5 provided in this section: 6 [(a)] (1) Any dog off the premises of the owner, or of the 7 person keeping or harboring [said] the dog [which said] , when a 8 properly authorized official or [his] agent [or agents have] thereof 9 has reason to believe the dog is a stray dog; 10 [(b)] (2) Any dog off the premises of the owner, or of the person 11 keeping or harboring [said] the dog, when the dog is without a 12 [current] registration tag [on his collar]; 13 [(c)] (3) Any unattended female dog in season off the premises 14 of the owner, or of the person keeping or harboring [said] the 15 female dog; 16 [(d)] (4) Any dog or other animal which is suspected to be rabid 17 or stray; 18 [(e)] (5) Any dog or other animal , off the premises of the 19 owner, that is reported to be, or is observed by[,] a certified animal 20 control officer to be , ill, injured or creating a threat to public 21 health, safety or welfare, or otherwise interfering with the 22 enjoyment of property. 23 If any animal so seized wears a collar or harness having 24 inscribed thereon or attached thereto the name and address [of] or 25 other contact information for any person, or the animal has an 26 imbedded microchip encoded with the name, address, or other 27 information of a person, or a registration tag, or the owner or the 28 person keeping or harboring [said] the animal is known, any person 29 authorized by the governing body shall forthwith serve on the 30 person whose address is given on the collar, harness, or microchip, or on 1the otherwise known1 owner or 1[the]1 31 person keeping or harboring [said] the animal, 1[if known,]1 32 a notice in writing 33 stating that the animal has been seized and will be liable to be 34 offered for adoption or [destroyed] euthanized if not claimed 35 [within seven days after the service of the notice] by the expiration 36 of the required holding period established pursuant to subsection 1[f.] h.1 37 of this section. 38 A notice under this [section] subsection may be served either by 39 delivering it to the person on whom it is to be served, or by leaving 40 it at the person's usual or last known place of abode, or at the 41 address given on the collar, harness, or microchip, or by forwarding 42 it by [post] mail in a prepaid letter addressed to that person at [his] 43 the person's usual or last known place of abode, or to the address given on the collar 1,1 44 harness, or microchip. [2R] AS for A2649 ACS VAN DREW, ALBANO 34 [Any] b. Except as provided in 1 subsection 1[e.] g.1 of this section, 12 [any] no person authorized by the governing body, 3 seizing an animal pursuant to subsection a. of this section, may 4 offer an animal, or cause an animal to be offered, for adoption, or 5 arrange for the proper euthanizing of an animal until after the 6 expiration of the required holding period for that animal established pursuant to subsection h. of this section. Any1 7 person authorized by 8 the governing body , seizing an animal pursuant to subsection a. of 9 this section, may [cause an animal to be destroyed in a manner 10 causing as little pain as possible and consistent with the provisions of R.S.4:22-19 or to be offered] offer 111 the animal, or cause the animal to be offered,1 for adoption 1,1 12 or arrange for the proper 13 euthanizing of the animal [seven days] after [seizure] the expiration of the required holding period 1for the animal1 14 established pursuant to subsection 1[f.] h.1 of this section 1[;],1 15 16 provided that: 17 (1) Notice is given as set forth [above and] in subsection a. of 18 this section, the animal remains unclaimed [; or], and no owner or caretaker of the animal has notified the 119 [kennel, shelter, pound, or other] animal care1 20 facility where the animal is being held that the animal belongs to 1[that owner],1 or is 1[in] under1 the care of 1, 1 21 that 1[caretaker] person1 22 and that the owner or caretaker intends to 23 claim the animal; and 24 (2) [The owner or person keeping or harboring the animal has 25 not claimed the animal and paid all expenses incurred by reason of 26 its detention, including maintenance costs not exceeding $4.00 per 27 day; or] (Deleted by amendment, P.L. c. ) (pending before the 28 Legislature as this bill); 29 (3) [The owner or person keeping or harboring a dog which was 30 unlicensed at the time of seizure does not produce a license and 31 registration tag for the dog.] (Deleted by amendment, P.L. c. ) 32 (pending before the Legislature as this bill); 33 (4) The animal has been scanned for the presence of a microchip 34 and no microchip was found, no information was obtained from the 35 microchip, or the contact information was retrieved and the proper 36 notice was given, but the animal remains unclaimed, and no owner or caretaker of the animal has notified the 137 [kennel, shelter, pound, or other] animal care1 38 facility where the animal is being held that the animal belongs to 1[that owner],1 or is 1[in] under1 39 the care of 1,1 that 1[caretaker] person1 and 1that1 40 the owner or caretaker 41 intends to claim the animal. c. 142 [Any animal seized pursuant to subsection a. of this section 43 or otherwise held at a kennel, shelter, pound, animal rescue, or 44 other facility where an animal may be held because it was found 45 loose, off the property of its owner or caretaker, or otherwise [2R] AS for A2649 ACS VAN DREW, ALBANO 35 outside the possession or control of 1 an owner or caretaker of the 2 animal shall be held at the kennel, shelter, pound, animal rescue, or 3 other facility until the required holding period established pursuant 4 to subsection f. of this section has expired. 5 No animal may be euthanized for which an owner or caretaker of 6 the animal has notified the kennel, shelter, pound, animal rescue, or 7 other facility where the animal is being held that the animal belongs 8 to that owner or is in the care of that caretaker and the owner or 9 caretaker intends to claim the animal, regardless of whether the 10 owner or caretaker physically claims the animal within the required 11 holding period established pursuant to subsection f. of this section, 12 provided that the owner or caretaker physically claims the animal 13 no later than 30 days after contacting the kennel, shelter, pound, 14 animal rescue, or other facility. 15 The kennel, shelter, pound, animal rescue, or other facility 16 holding the animal may require the owner or caretaker claiming the 17 animal to pay the reasonable expenses incurred by the kennel, 18 shelter, pound, animal rescue, or other facility on the animal?s 19 behalf, or, in the case of a dog, also require the owner of caretaker 20 to procure a valid license for the dog, prior to releasing the animal 21 to the owner or caretaker claiming the animal. This financial 22 obligation on the part of the owner or caretaker claiming the animal 23 shall not be altered by the expiration of the required holding period 24 established pursuant to subsection f. of this section. 25 No kennel, shelter, pound, animal rescue, or other facility may 26 euthanize an animal because the owner or caretaker has not paid the 27 expenses or has failed to produce a valid license. The owner or 28 caretaker of the animal may claim the animal and remove the 29 animal from the kennel, shelter, pound, animal rescue, or other 30 facility without paying the expenses or producing a valid license if 31 the owner or caretaker enters into a written agreement, no later than 32 30 days after first claiming the animal, with the kennel, shelter, 33 pound, animal rescue, or other facility which obligates the owner or 34 caretaker to meet any such outstanding obligation. Additional 35 expenses may accrue for the owner or caretaker for any additional 36 days the animal is left in the kennel, shelter, pound or other facility 37 after notifying the kennel, shelter, pound or other facility of their 38 intent to claim the animal. 39 d. A kennel, shelter, pound, animal rescue, or other 40 organization or entity providing for the shelter and care of animals 41 may offer an animal for adoption or may properly euthanize or 42 properly cause to be euthanized an animal, if the animal has been 43 held at the kennel, shelter, pound, animal rescue, or other facility 44 for the required holding period established pursuant to subsection f. 45 of this section.] Except as provided pursuant to subsection g. of this 46 section, no animal care facility may offer for adoption, cause to be 47 offered for adoption, properly euthanize, or arrange to be properly [2R] AS for A2649 ACS VAN DREW, ALBANO 36 euthanized, any animal seized 1 pursuant to subsection a. of this 2 section or otherwise brought to or put in the custody of, and held at, 3 the animal care facility because it was found loose, off the property 4 of its owner or caretaker, or otherwise outside the possession or 5 control of an owner or caretaker of the animal, before the expiration 6 of the required holding period for the animal established pursuant to 7 subsection h. of this section. An animal care facility may offer for 8 adoption, cause to be offered for adoption, properly euthanize, or 9 arrange to be properly euthanized, any such animal after the 10 expiration of the required holding period for the animal established 11 pursuant to subsection h. of this section and if: 12 (1) No owner or caretaker of the animal has notified the animal 13 care facility that the animal belongs to that owner or is in the care 14 of that person and that the owner or caretaker intends to claim the 15 animal; and 16 (2) The person authorized by the governing body, if applicable, 17 has complied with the provisions of subsection b. of this section. 18 No animal may be adopted or euthanized upon the expiration of 19 the required holding period for the animal established pursuant to 20 subsection h. of this section for which an owner or caretaker of the 21 animal has notified the animal care facility where the animal is 22 being held that the owner or caretaker intends to claim the animal, 23 except as otherwise provided for in subsection d. of this section. 24 d. Except under unusual circumstances that prevent the owner or 25 caretaker from physically removing the animal within seven 26 business days as required pursuant to this subsection, the owner or 27 caretaker of an animal shall remove the animal from the animal care 28 facility no later than seven business days after the owner or 29 caretaker notifies the animal care facility of the intention to claim 30 the animal, or the owner or caretaker shall forfeit all claim or rights 31 to, and ownership of, the animal. If possible, this notice shall be 32 made in writing and, if so provided, the date of the written notice 33 shall be considered the first day of the required seven business days. 34 The owner or caretaker shall: 35 (1) report to the animal care facility when the owner or caretaker 36 notifies the animal care facility of the intention to claim the animal 37 any unusual circumstances requiring an extended period of time; 38 (2) at that time, establish with the animal care facility the earliest 39 possible date by which the owner or caretaker can physically 40 remove the animal; and 41 (3) agree, in writing, to physically remove the animal no later 42 than that date, or forfeit all claim or rights to, and ownership of, the 43 animal. 44 Upon the forfeiture of all claim or rights to, and ownership of, 45 the animal by the owner or caretaker pursuant to this subsection or 46 otherwise, the animal care facility may offer for adoption, cause to [2R] AS for A2649 ACS VAN DREW, ALBANO 37 be offered for adoption, properly 1 euthanize, or arrange to be 2 properly euthanized, the animal. 3 e. The animal care facility holding the animal may require the 4 owner or caretaker claiming the animal to pay the reasonable 5 expenses incurred by the animal care facility on the animal?s behalf 26 , including, but not necessarily limited to, a minimum daily 7 maintenance fee of $20 for the first day and $5 for each additional day that the animal is held at the animal care facility2 8 . In the case 9 of a dog without a valid license, the animal care facility shall also 10 require the owner or caretaker of the animal to procure a valid 11 license for the dog prior to releasing the animal to the owner or 12 caretaker claiming the animal. Any requirement for an animal care 13 facility to continue to hold an animal pursuant to this section shall 14 not alter the financial obligation on the part of the owner or 15 caretaker to pay the reasonable expenses incurred by the animal 16 care facility on the animal?s behalf during the period of time that 17 the animal is held by the animal care facility. 18 No animal care facility may offer for adoption or euthanize an 19 animal because the owner or caretaker has not paid the expenses or 20 has failed to produce a valid license, unless the owner or caretaker 21 forfeits the animal and relinquishes all claim or rights to, and 22 ownership of, the animal pursuant to subsection d. of this section. 23 Additional expenses may accrue for the owner or caretaker for any 24 additional days the animal is left in the animal care facility after 25 notifying the animal care facility of the intent to claim the animal. 26 The owner or caretaker shall pay all accrued expenses when 27 removing the animal from the animal care facility. If the owner or 28 caretaker is unable to pay all of the accrued expenses at that time, 29 the owner or caretaker shall pay the amount the owner or caretaker 30 can pay and shall enter into a written agreement with the animal 31 care facility which obligates the owner or caretaker to pay any 32 outstanding expenses no later than 30 days after the date on which 33 the owner or caretaker removes the animal from the animal care 34 facility. 35 f. In the case of a dog without a valid license, the owner or 36 caretaker shall produce a valid license when removing the dog from 37 the animal care facility. If the owner or caretaker of the animal is 38 unable to produce a valid license at that time, the owner or 39 caretaker may negotiate with the animal care facility, and agree to 40 in writing, a date by which the owner or caretaker will be able to 41 produce a valid license and remove the dog from the animal care 42 facility. 43 If the owner or caretaker of the animal is unable to obtain a valid 44 license because the rabies inoculation for the dog is not current or 45 the owner or caretaker has no proof of rabies inoculation, the 46 animal care facility shall: [2R] AS for A2649 ACS VAN DREW, ALBANO 38 (1) provide for the necessary inoculation, 1 at the expense of the 2 owner or caretaker, and negotiate with the owner or caretaker a date 3 by which the owner or caretaker will produce a valid license and 4 remove the dog from the animal care facility and to which the 5 owner or caretaker agrees in writing; or 6 (2) establish, if the animal care facility cannot provide for the 7 inoculation, an alternative arrangement, agreed to in writing by the 8 owner or caretaker, that will provide for the inoculation and 9 licensure of the dog before it is released, or the release of the dog 10 without a valid license but with provisions ensuring for the 11 inoculation and licensure of the dog after its release. The 12 alternative arrangement shall also establish in writing a date for the 13 removal of the dog from the animal care facility. 14 The animal care facility shall continue to hold the dog in good 15 faith until the latest date negotiated and agreed to in writing 16 pursuant to this subsection, and shall release the dog to the owner or 17 caretaker upon the production of the valid license or in accordance 18 with the provisions of the alternative arrangement pursuant to 19 paragraph (2) of this subsection. Failure to produce a valid license 20 and remove the dog on the negotiated removal date, or to abide by 21 the provisions of the alternative arrangement shall constitute the 22 owner or caretaker forfeiting all claim or rights to, and ownership 23 of, the animal. Additional expenses may accrue for the owner or 24 caretaker for any additional days the animal is left in the animal 25 care facility. g.1 26 The required holding period shall not apply to the euthanizing, by proper means 1,1 of 1[,]1 any animal brought to 127 [a 28 kennel, shelter, pound, animal rescue, or other organization or 29 entity providing for the shelter and care of animals] an animal care facility1 30 by the owner of the animal, and the ownership of which 31 has been surrendered or otherwise transferred by the owner of the animal to the 132 [kennel, shelter, pound, animal rescue, or other 33 organization or entity providing for the shelter and care of animals. e.] animal care facility.1 34 35 Any person authorized by the governing body, a humane law 36 enforcement officer, an animal control officer, or other State or local law enforcement officer involved in animal control, 137 [a 38 kennel, shelter, pound, animal rescue, or other organization or 39 entity providing for the shelter and care of animals,] an animal care facility1 or 1[an] the1 owner [,] or employee 140 [, or caretaker of 41 the animal in the kennel, shelter, pound, animal rescue, or other facility providing for the shelter and care of animals] thereof1 42 , may 1also1 43 properly euthanize or cause to be properly euthanized an 44 animal that has been held for less than the required holding period established pursuant to subsection 1[f.] h.1 45 of this section, if no [2R] AS for A2649 ACS VAN DREW, ALBANO 39 owner or caretaker has come forward an 1 d the animal being 2 euthanized is: 3 (1) an immediate threat to public health or safety or the health or safety of other animals in the 14 [kennel, shelter, pound, animal 5 rescue or other facility sheltering or caring for animals] animal care facility1 6 ; or 7 (2) injured and is in a condition beyond recovery, or is suffering 8 from an incurable painful disease or condition, or is otherwise 9 terminally ill, and this injury, condition, disease or terminal illness 10 is certified by a licensed veterinarian. 11 If an owner or a caretaker has come forward concerning the 12 threatening, injured, or ill animal, an authorized person, a humane 13 law enforcement officer, an animal control officer, or other State or local law enforcement officer, or owner or employee of 114 [a kennel, shelter, pound, animal rescue, or other] an animal care1 15 facility 1[providing care of animals in charge of] where1 the animal 116 is being held1 17 may require the owner or caretaker to physically claim the animal 2[within] as soon as possible but no later than2 18 24 hours 2after coming forward2 19 , or accept the euthanizing of the 20 animal. 1[f.] h.1 The required holding period for an animal 121 [at a 22 kennel, shelter, pound, animal rescue, or other facility where an animal is] being1 held 1at an animal care facility1 23 because it was 24 found loose, off the property of its owner or caretaker, or otherwise 25 outside the possession or control of an owner or caretaker of the 26 animal shall be seven full days after the date of notice to the owner or caretaker 1as1 27 provided pursuant to subsections a. and b. of this 28 section. 29 In the event that no information concerning an owner or 30 caretaker can be obtained pursuant to subsections a. and b. of this 31 section, the person authorized by the municipality referred to in subsection a. of this section shall notify in writing the 132 [kennel, shelter, pound, animal rescue, or other] animal care1 33 facility where the animal is being held 134 [, and if ] that no notice as provided for in 35 subsections a. and b. of this section could be served to an owner or caretaker of the animal. If1 the date of 1[this] the1 36 written notice 137 to the animal care facility from the person authorized by the municipality1 38 is less than seven full days after the animal was placed in the custody of the 139 [kennel, shelter, pound, or other] animal care1 40 facility, the required holding period shall be seven full days after the date of the 1written1 notice 141 to the animal care facility1 42 from the person authorized by the municipality. If the date of the 1written1 notice 143 [from the person authorized by the municipality] to the animal care facility1 44 is seven full days or more after the animal was placed in the custody of the 145 [kennel, [2R] AS for A2649 ACS VAN DREW, ALBANO 40 shelter, pound, or other] animal care1 facility, 1 the required holding 2 period shall be seven full days from the date that the animal was placed in the custody of the 13 [kennel, shelter, pound, or other] animal care1 4 facility. If the 15 [kennel, shelter, pound, animal rescue, or other] animal care1 6 facility where an animal is held took custody of the animal 7 without the involvement of a person authorized by the municipality referred to in subsection a. of this section, the 18 [kennel, shelter, pound, animal rescue, or other] animal care1 9 facility shall use any 10 information reasonably available to it to notify in writing an owner 11 or caretaker of the animal that it is in possession of the animal. If the 1[kennel, shelter, pound, animal rescue, or other] animal care1 12 facility is able to serve 1[a] written1 13 notice to an owner or caretaker 14 of the animal, the required holding period shall be seven full days after the 1date on which the written1 15 notice is served. If no information is reasonably available or no 1written1 16 notice can be 17 served, the required holding period shall be seven full days from the date that the 118 [kennel, shelter, pound, animal rescue, or other] animal care1 19 facility took custody of the animal. 1[g.] i.1 20 At the time of adoption, the right of ownership in the 21 animal shall transfer to the new owner. No dog or other animal so caught and detained or procured, obtained, sent or brought to 122 [a pound or shelter] an animal care facility1 23 shall be sold or otherwise made available for the purpose of experimentation 124 [or any other procedures that do not directly benefit the animal]125 . Any person 26 who sells or otherwise makes available any such dog or other 27 animal for the purpose of experimentation shall be guilty of a crime 28 of the fourth degree, and subject to the provisions of sections 12, 29 15, 16, and 30 of P.L. , c. (C. ) (pending before the 30 Legislature as this bill). 1[h.] j.1 31 After observation, any animal seized under this section 32 suspected of being rabid shall be immediately reported to the executive officer of the local board of health 133 or health officer of the local health agency,1 34 and to the Department of Health and 35 Senior Services. 136 [i.] k. Except as permitted pursuant to subsection d. and 37 subsection g. of this section, a person who euthanizes, or causes to 38 be euthanized, an animal, either as an individual, or in their 39 capacity as a humane law enforcement officer, animal control 40 officer, animal cruelty investigator, or other State or local law 41 enforcement officer involved in animal control, or as an owner or 42 employee of an animal care facility, prior to the expiration of the 43 required holding period for that animal established under subsection 44 h. of this section shall be liable for a civil penalty of $500 for each 45 animal euthanized or caused to be euthanized, as well as restitution [2R] AS for A2649 ACS VAN DREW, ALBANO 41 damages to the owner or caretaker of 1 the animal as may be ordered 2 by the court. 3 The civil penalty imposed pursuant to this section shall be 4 imposed and collected pursuant to the "Penalty Enforcement Law of 5 1999," P.L.1999, c.274 (C.2A:58-10 et seq.) in a summary 6 proceeding before the Superior Court or a municipal court. 7 l. The provisions of this section shall not apply to the euthanizing 8 of, by proper means, any animal brought to an animal care facility 9 by the owner of the animal, and the ownership of which has been 10 surrendered or otherwise transferred by the owner of the animal to 11 the animal care facility. Animals surrendered in this manner may 12 be euthanized at the discretion of the animal care facility by proper 13 means that do not constitute improper euthanizing pursuant to 14 section 11 of P.L. , c. (C. ) (pending before the Legislature 15 as this bill). m.1 For the purposes of this section 116 [,] : 17 ?Animal care facility? means any kennel, shelter, pound, animal 18 rescue organization facility, or other facility providing shelter and 19 care of animals, operated by any public or private entity, 20 organization, or group. 21 ?Animal rescue organization,? ?animal rescue organization facility,? ?caretaker,?1 ?euthanasia? 1[and]1 ?euthanize 1,1 ? 122 and ?humane law enforcement officer? shall1 23 have the same meaning as 24 these terms are defined in section 2 of P.L. , c. (C. ) (pending 25 before the Legislature as this bill). 26 (cf: P.L.1997, c.324, s.1) 27 1[37.] 38.1 28 Section 3 of P.L.1983, c.525 (C.4:19-15.16a) is 29 amended to read as follows: 30 3. a. The Commissioner of Health and Senior Services shall, 31 within 120 days after the effective date of P.L.1983, c.525, and 32 pursuant to the "Administrative Procedure Act," P.L.1968, c.410 33 (C.52:14B-1 et seq.), adopt rules and regulations concerning the 34 training and educational qualifications for the certification of 35 animal control officers, including, but not limited to, a course of 36 study approved by the commissioner and the Police Training 37 Commission, in consultation with the New Jersey Certified Animal 38 Control Officers Association, which acquaints a person with: 39 (1) The law as it affects animal control, animal welfare, and 40 animal cruelty; 41 (2) Animal behavior and the handling of stray or diseased 42 animals; 43 (3) Community safety as it relates to animal control; and 44 (4) The law enforcement methods and techniques required for 45 an animal control officer to properly exercise the authority to 46 investigate and sign complaints and arrest without warrant pursuant 47 to section 8 of P.L.1997, c.247 (C.4:19-15.16c), including, but not [2R] AS for A2649 ACS VAN DREW, ALBANO 42 limited to, those methods and techniques w 1 hich relate to search, 2 seizure and arrest. The training in law enforcement methods and 3 techniques described pursuant to this paragraph shall be part of the 4 course of study for an animal control officer only when required by 5 the governing body of a municipality pursuant to section 4 of 6 P.L.1983, c.525 (C.4:19-15.16b). 7 Any person 18 years of age or older may satisfy the courses of 8 study established pursuant to this subsection at that person's own 9 time and expense; however, nothing in this section shall be 10 construed as authorizing a person to exercise the powers and duties 11 of an animal control officer absent municipal appointment or 12 authorization pursuant to section 4 of P.L.1983, c.525 (C.4:19- 13 15.16b). 14 b. (1) The commissioner shall provide for the issuance of a 15 certificate to a person who possesses, or acquires, the training and 16 education required to qualify as a certified animal control officer 17 pursuant to paragraphs (1) through (3) of subsection a. of this 18 section and to a person who has been employed in the State of New 19 Jersey in the capacity of, and with similar responsibilities to those 20 required of, a certified animal control officer pursuant to the 21 provisions of P.L.1983, c.525, for a period of three years before 22 January 17, 1987. The commissioner shall not issue a certificate to 23 any person convicted of, or found civilly liable for, a violation of 24 any provision of P.L. , c. (C. ) (pending before the 25 Legislature as this bill), any subsequently enacted law establishing 26 an animal cruelty offense, or chapter 22 of Title 4 of the Revised 27 Statutes. 28 (2) The commissioner shall revoke the certificate of any person 29 convicted of, or found civilly liable for, a violation of any provision 30 of P.L. , c. (C. ) (pending before the Legislature as this bill), 31 any subsequently enacted law establishing an animal cruelty 32 offense, or chapter 22 of Title 4 of the Revised Statutes and shall 33 place the name of the person on the list established pursuant to 34 subsection c. of this section. 35 c. (1) The commissioner shall establish a list of all persons 36 issued a certificate pursuant to subsection b. of this section (a) for 37 whom that certificate has been revoked, or (b) who have been 38 convicted of, or found civilly liable for, a violation of any provision 39 of P.L. , c. (C. ) (pending before the Legislature as this bill), 40 any subsequently enacted law establishing an animal cruelty 41 offense, or chapter 22 of Title 4 of the Revised Statutes. The 42 commissioner shall provide each municipality in the State with a 43 copy of this list within 30 days after the list is established and not 44 less often than annually thereafter if no revised list required 45 pursuant to paragraph (2) of this subsection has been issued in the 46 interim. [2R] AS for A2649 ACS VAN DREW, ALBANO 43 (2) Upon receipt of a notice r 1 equired pursuant to section 3 or 4 2 of P.L.2003, c.67 (C.4:22-57 or C.2B:12-17.1) involving a person 3 who has been issued a certificate pursuant to subsection b. of this 4 section, the commissioner shall add to the list the name of the 5 person convicted of, or found civilly liable for, a violation of any 6 provision of P.L. , c. (C. ) (pending before the Legislature as 7 this bill), any subsequently enacted law establishing an animal 8 cruelty offense, or chapter 22 of Title 4 of the Revised Statutes 9 according to the notice, and shall issue a copy of the revised list to 10 each municipality within 30 days after receipt of any such notice. 11 (cf: P.L.2003, c.67, s.1) 12 1[38.] 39.1 13 Section 4 of P.L.1983, c.525 (C.4:19-15.16b) is 14 amended to read as follows: 15 4. The governing body of a municipality shall, within three 16 years of the effective date of P.L.1983, c.525, appoint a certified 17 animal control officer who shall be responsible for animal control 18 within the jurisdiction of the municipality and who shall enforce 19 and abide by the provisions of section 16 of P.L.1941, c.151 20 (C.4:19-15.16). The governing body shall not appoint a certified 21 animal control officer, shall not contract for animal control services 22 with any company that employs a certified animal control officer, 23 and shall revoke the appointment of a certified animal control 24 officer, who has been convicted of, or found civilly liable for, a 25 violation of any provision of P.L. , c. (C. ) (pending before 26 the Legislature as this bill), any subsequently enacted law 27 establishing an animal cruelty offense, or chapter 22 of Title 4 of 28 the Revised Statutes, or whose name is on the list or any revision 29 thereto established and provided by the Commissioner of Health 30 and Senior Services pursuant to subsection c. of section 3 of 31 P.L.1983, c.525 (C.4:19-15.16a). The governing body shall, within 32 30 days after receipt thereof, review any such list or revision thereto 33 received by the municipality and shall, within that 30-day period, 34 take action accordingly as required pursuant to this section. 35 The governing body may authorize the certified animal control 36 officer to investigate and sign complaints, arrest violators and 37 otherwise act as an officer for detection, apprehension and arrest of 38 offenders against the animal control, animal welfare and animal 39 cruelty laws of the State and ordinances of the municipality, if the 40 officer has completed the training required pursuant to paragraph 4 41 of subsection a. of section 3 of P.L.1983, c.525 (C.4:19-15.16a) and 42 is an animal cruelty investigator. Only certified animal control 43 officers who have completed the training for animal cruelty 44 investigators may be authorized by the governing body to so act as 45 an officer for detection, apprehension and arrest of offenders; 46 however, officers who have completed the training shall not have 47 the authority to so act unless authorized by the governing body [2R] AS for A2649 ACS VAN DREW, ALBANO 44 which is employing the officer or contracting f 1 or the officer's 2 services. 13 One year after the effective date of P.L. , c. (C. ) 4 (pending before the Legislature as this bill) and thereafter, any 5 person acting as an appointed certified animal control officer shall 6 be required to complete the training required pursuant to paragraph 7 (4) of subsection a. of section 3 of P.L.1983, c.525 (C.4:19-15.16a) and become an animal cruelty investigator.1 8 9 (cf: P.L.2003, c.67, s.2) 10 1[39.] 40.1 11 Section 8 of P.L.1997, c.247 (C.4:19-15.16c) is 12 amended to read as follows: 8. 1[A certified] An1 13 animal [control officer] cruelty 14 investigator authorized pursuant to section 4 of P.L.1983, c.525 15 (C.4:19-15.16b) shall have the power and authority, within the 16 jurisdiction of the municipality or other entity employing, or 17 contracting for, the animal [control officer] cruelty investigator to: 18 a. Enforce all laws or ordinances enacted for the protection of 19 animals, including, but not limited to, animal control, animal 20 welfare and animal cruelty laws of the State and ordinances of the 21 municipality; 22 b. Investigate and sign complaints concerning any violation of 23 an animal control, animal welfare or animal cruelty law of the State 24 or ordinance of the municipality; and 25 c. Act, by virtue of the officer's appointment or employment 26 and in addition to any other power and authority, as an officer for 27 the detection, apprehension and arrest of offenders against the 28 animal control, animal welfare and animal cruelty laws of the State 29 and ordinances of the municipality. 30 Upon a request for assistance by a municipality or other entity 31 that does not employ, or contract for, the certified animal control officer, a certified animal control officer 132 who is authorized to be an animal cruelty investigator1 33 may, within the jurisdiction of that 34 municipality or other entity making the request, exercise the powers 35 and authority granted pursuant to this section. 36 (cf: P.L.1997, c.247, s.8) 37 1[40.] 41.1 38 Section 9 of P.L.1997, c.247 (C.4:19-15.16d) is 39 amended to read as follows: 9. 1[A certified] An1 40 animal [control officer] cruelty 41 investigator who signs a complaint, issues a summons, makes an arrest, or otherwise acts pursuant to 1[his] the1 authority 1granted1 42 43 pursuant to P.L.1983, c.525, R.S.4:22-44, or section 8 of P.L.1997, 44 c.247 (C.4:19-15.16c) shall forward within five business days a 45 copy of that complaint, summons, or arrest warrant or report to the 46 New Jersey Society for the Prevention of Cruelty to Animals and [2R] AS for A2649 ACS VAN DREW, ALBANO 45 shall forward a report of any related 1 court action within thirty 2 calendar days of final disposition. 3 (cf: P.L.1997, c.247, s.9) 4 1[41.] 42.1 5 Section 9 of P.L.2005, c.372 (C.4:22-11.9) is 6 amended to read as follows: 7 9. a. No person shall serve as a trustee, officer, or humane law 8 enforcement officer or agent of, or hold any other position of 9 authority within, the New Jersey Society for the Prevention of 10 Cruelty to Animals or any county society for the prevention of 11 cruelty to animals if that person has been convicted of a crime 12 under the laws of the State or under any similar statutes of the 13 United States or any other state, or convicted of a violation of any 14 provision of chapter 22 of Title 4 of the Revised Statutes, P.L. , 15 c. (C. ) (pending before the Legislature as this bill), or any 16 subsequently enacted law establishing an animal cruelty offense, or 17 a violation of any similar statutes of the United States or any other 18 state, as indicated by a criminal history record background check 19 performed pursuant to this section. The fingerprints of each such 20 person and the written consent of the person shall be submitted to 21 the Superintendent of State Police for a criminal history record 22 background check to be performed. The superintendent shall 23 compare these fingerprints with fingerprints on file with the Bureau 24 of Identification in the Division of State Police, Department of Law 25 and Public Safety, and the Federal Bureau of Investigation, 26 consistent with State and federal laws, rules, and regulations. The 27 cost for the criminal history record background check, including all 28 costs administering and processing the check, shall be borne by 29 either the person or the board of trustees of the New Jersey Society 30 for the Prevention of Cruelty to Animals or of a county society for 31 the prevention of cruelty to animals, as the case may be. The 32 superintendent shall inform the board of trustees of the New Jersey 33 Society for the Prevention of Cruelty to Animals or of a county 34 society for the prevention of cruelty to animals, as the case may be, 35 of whether the person's criminal history background check reveals a 36 conviction of a disqualifying crime as specified in this section. 37 The superintendent shall complete the criminal history record 38 background check required pursuant to this subsection within 90 39 days after receipt of a request therefor. 40 b. (1) No person shall serve as a trustee, officer, or humane law 41 enforcement officer or agent of, or hold any other position of 42 authority within, the New Jersey Society for the Prevention of 43 Cruelty to Animals or any county society if that person has been 44 convicted of, or found civilly liable for, a violation of any provision 45 of chapter 22 of Title 4 of the Revised Statutes or a violation of any 46 similar statutes of the United States or any other state. [2R] AS for A2649 ACS VAN DREW, ALBANO 46 (2) The New Jersey Society for 1 the Prevention of Cruelty to 2 Animals or county society shall rescind the authorization or 3 appointment of any member, humane law enforcement officer, or 4 agent convicted of, or found civilly liable for, a violation of any 5 provision of P.L. , c. (C. ) (pending before the Legislature as 6 this bill), or any subsequently enacted law establishing an animal 7 cruelty offense, or chapter 22 of Title 4 of the Revised Statutes, or a 8 violation of any similar statutes of the United States or any other 9 state, and that person shall immediately surrender to the New Jersey 10 Society for the Prevention of Cruelty to Animals or county society 11 any badge, identification card, or indicia of authority issued to the 12 member, humane law enforcement officer, or agent, as the case may 13 be. 14 (cf: P.L.2005, c.372, s.9) 15 1[42.] 43.1 16 Section 1 of P.L.1995, c.255 (C.4:22-26.1) is 17 amended to read as follows: 18 1. An officer or agent of the New Jersey Society for the Prevention of Cruelty to Animals 119 or a county society for the prevention of cruelty to animals1, 1an animal cruelty investigator,1 20 21 or a certified animal control officer, [may petition a court of competent jurisdiction] 1may petition1 the Superior Court 122 or a municipal court, as appropriate,1 to have 1[any animal]1 23 confiscated 124 [and forfeited] , pending the disposition of an alleged 25 animal cruelty violation, any animal that is owned or possessed 26 by a person charged with the animal cruelty violation, and have the animal forfeited1 27 at the time the person is found to be guilty of 28 violating [R.S.4:22-17, R.S.4:22-18, R.S.4:22-19, R.S.4:22-20 or R.S.4:22-23] section 5, 6, 7, 8, 9, 10, 11, 12, 13, or 14 129 , or pursuant to section 30,1 30 of P.L. , c. (C. ) (pending before the 31 Legislature as this bill). Upon a finding that the continued 32 possession by that person poses a threat to the [animal's] welfare of 33 the animal, the court may, in addition to any other penalty that may 34 be imposed for a violation of [R.S.4:22-17, R.S.4:22-18, 35 R.S.4:22-19, R.S.4:22-20 or R.S.4:22-23] section 5, 6, 7, 8, 9, 10, 11, 12, 13, or 14 1, or pursuant to section 30,1 36 of P.L. , c. (C. ) 37 (pending before the Legislature as this bill), adjudge an animal 38 forfeited for such disposition as the court deems appropriate. 39 (cf: P.L.1995, c.255, s.1) 40 1[43.] 44.1 41 R.S.4:22-28 is amended as follows: 42 4:22-28. The indictment or charge of a person under the 43 provisions of this article or a violation of P.L. , c. (C. ) 44 (pending before the Legislature as this bill), or the holding of a 45 person to bail to await the action of a grand jury or court, shall not 46 in any way relieve that person from liability to be sued for the [2R] AS for A2649 ACS VAN DREW, ALBANO 47 appropriate penalties under [R.S.4:22-26] 1 section 30 of P.L. , 2 c. (C. ) (pending before the Legislature as this bill). 3 (cf: P.L.2003, c.232, s.4) 4 1[44.] 45.1 5 R.S.4:22-32 is amended to read as follows: 6 4:22-32. Penalties for violations of [R.S.4:22-26] section 30 of 7 P.L. , c. (C. ) (pending before the Legislature as this bill) 8 shall be enforced and collected in a summary manner under the 9 "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 10 et seq.). A warrant may issue when the defendant is temporarily 11 within the jurisdiction of the court, but not residing therein; or when 12 the defendant is likely to evade judgment by removal therefrom; or 13 when the defendant's name or residence is unknown. 14 (cf: P.L.2003, c.232, s.6) 15 1[45.] 46.1 16 R.S.4:22-44 is amended to read as follows: 17 4:22-44. Any humane law enforcement officer of the New 18 Jersey Society for the Prevention of Cruelty to Animals or of a 19 county society for the prevention of cruelty to animals, or any sheriff, undersheriff, constable, 1[certified]1 20 animal [control 21 officer] cruelty investigator who has been properly authorized 22 pursuant to section 4 of P.L.1983, c.525 (C.4:19-15.16b), or police 23 officer may: 24 a. Make arrests for violations of this article, or any provision of 25 P.L. , c. (C. ) (pending before the Legislature as this bill), or 26 any subsequently enacted law establishing an animal cruelty 27 offense; 28 b. Arrest without warrant any person found violating the 29 provisions of this article, any provision of P.L. , c. (C. ) 30 (pending before the Legislature as this bill), or any subsequently 31 enacted law establishing an animal cruelty offense in the presence 32 of such humane law enforcement officer, sheriff, undersheriff, constable, police officer or 1[a certified]1 33 animal [control officer] 34 cruelty investigator who has been properly authorized pursuant to 35 section 4 of P.L.1983, c.525 (C.4:19-15.16b), and take such person 36 before the nearest judge [or magistrate] as provided in this article. 37 (cf: P.L.2005, c.372, s.17) 38 1[46.] 47.1 39 R.S.4:22-45 is amended as follows: 40 4:22-45. Where an arrest is made under the provisions of this 41 article by a constable, sheriff, undersheriff or police officer in a 42 [locality] municipality where the New Jersey [society, or a district 43 (county)] Society for the Prevention of cruelty to Animals or a 44 county society[,] for the prevention of cruelty to animals exists, 45 [he] the person making the arrest shall give notice to the State or 46 [district (county)] county society at once, whereupon such State or [2R] AS for A2649 ACS VAN DREW, ALBANO 48 [district (county)] county society 1 shall take charge of the case and 2 prosecute it under the provisions of this article , P.L. , c. (C. ) 3 (pending before the Legislature as this bill), or any subsequently 4 enacted law establishing an animal cruelty offense. No 5 [magistrate] judge shall hear any such case until proof is made of 6 the service of such notice on the [State or district (county)] the 7 New Jersey Society for the Prevention of Cruelty to Animals or the 8 county society. The provisions of this section shall not apply to 1[certified]1 9 10 animal [control officers] cruelty investigators who have been 11 properly authorized pursuant to section 4 of P.L.1983, c.525 12 (C.4:19-15.16b) to make arrests. 13 (cf: P.L.1997, c.247, s.5) 14 1[47.] 48.1 15 R.S.4:22-47 is amended to read as follows: 16 4:22-47. A sheriff, undersheriff, constable, police officer, 1[certified]1 17 animal [control officer] cruelty investigator who has 18 been properly authorized pursuant to section 4 of P.L.1983, c.525 19 (C.4:19-15.16b), or humane law enforcement officer of the New 20 Jersey Society for the Prevention of Cruelty to Animals or of a 21 county society for the prevention of cruelty to animals, may enter 22 any building or place where there is an exhibition of [the] animal 23 fighting or baiting of a living animal [or creature], where 24 preparations are being made for such an exhibition, or where [a] 25 another violation [otherwise of R.S.4:22-24] of section 13 of 26 P.L. , c. (C. ) (pending before the Legislature as this bill) is 27 occurring, arrest without warrant all persons there present, and take 28 possession of all [living] animals [or creatures] engaged in 29 fighting or [there] otherwise found on the premises, and all 30 implements or appliances used or to be used in [such] the 31 exhibition. 32 (cf: P.L.2005, c.372, s.18) 33 1[48.] 49.1 34 R.S.4:22-48 is amended to read as follows: 35 4:22-48. The person seizing animals [, creatures], implements 36 or appliances as authorized in [section] R.S.4:22-47 [of this Title], 37 shall, within 24 hours thereafter, apply to [a court of competent 38 jurisdiction] the Superior Court to have [the same] the animals, 39 implements or appliances forfeited [and sold] and properly 40 impounded until disposition of any charges. 41 If, upon [the] a hearing [of the application, it is found and 42 adjudged that at the time of the seizure the animals, creatures, 43 implements or appliances were engaged or used in violation of 44 section 4:22-47 or paragraphs "e," "f," "g," "u," "v," or "w" of 45 section 4:22-26 of this Title, or were owned, possessed or kept with [2R] AS for A2649 ACS VAN DREW, ALBANO 49 the intent that they should be so engaged 1 or used, they shall be 2 adjudged forfeited, and] concerning the forfeiture application, the 3 court determines that there is probable cause that the owner or the 4 person in possession of an animal, implement, or appliance at the 5 time of the seizure violated paragraph (3) of subsection a. of section 6 13 of P.L. , c. (C. ) (pending before the Legislature as this 7 bill), the court shall order [the same sold in such manner as it shall 8 deem proper, and after deducting the costs and expenses, shall 9 dispose of the proceeds as provided in section 4:22-55 of this Title. 10 A bird or animal found or adjudged to be of no use or value may 11 be liberated or disposed of as directed by the court.] the forfeiture 12 and impoundment of any animal, implement, or appliance involved, 13 pending disposition of any charges brought against the owner or the 14 person in possession of the animal, implement or appliance. 15 Upon a conviction of the owner or the person in possession of 16 the animal, implement or appliance for a violation of paragraph (3) 17 of subsection a. of section 13 of P.L. , c. (C. ) (pending 18 before the Legislature as this bill), the court shall determine the 19 proper disposition for the animal, implement or appliance involved. 20 The court may direct the animal be offered for adoption, be 21 properly euthanized, or be sold, as appropriate. The court shall 22 determine if the forfeited implements or appliances are chiefly or 23 solely used for purposes that violate, or facilitate the violation of, 24 paragraph (3) of subsection a. of section 13 of P.L. , c. (C. ) 25 (pending before the Legislature as this bill). If such a determination 26 is made, the court shall order the destruction of the implement or 27 appliance involved. 28 Any proceeds from the sale of an animal, implement, or 29 appliance that is determined to not be chiefly or solely used for 30 purposes that violate, or facilitate the violation of, paragraph (3) of 31 subsection a. of section 13 of P.L. , c. (C. ) (pending before 32 the Legislature as this bill), shall be disposed of as provided in 33 R.S.4:22-55 and any other applicable section of chapter 22 of Title 34 4 of the Revised Statutes, after deducting any costs or expenses 35 incurred by the forfeiture and impoundment that cannot be collected 36 from the person found guilty of violating the law. 37 The court may order the impoundment or sale of any animal 38 determined to have no suitable owner, or the euthanizing of the 39 animal, if no proper owner, kennel, shelter, pound, animal rescue 1organization facility1 40 , or other facility for the temporary care and 41 housing of animals can be found for the animal. 42 The costs of sheltering, caring for, treating, and if necessary, 43 [destroying] euthanizing an animal [or creature], including 44 veterinary expenses therefor, until the animal [or creature] is 45 adjudged forfeited, and sold, [ liberated, or disposed of pursuant to 46 this section] adopted, or euthanized, shall be borne by the owner of 47 the animal [or creature]. The court shall order payment of these [2R] AS for A2649 ACS VAN DREW, ALBANO 50 costs and expenses as provided pursuant 1 to subsection a. of section 2 16 of P.L. , c. (C. ) (pending before the Legislature as this 3 bill). 4 [A creature] Any animal or property which is [adjudged] not 5 forfeited shall be returned to the owner, and the person making the 6 seizure shall pay all costs and expenses [thereof] of returning the 7 animal and for its care from the date of seizure to the date of the 8 return of the animal to the owner or its release to a new owner. 9 (cf: P.L.1989, c.35, s.5) 10 1[49.] 50.1 11 Section 6 of P.L.1989, c.35 (C.4:22-48.1) is 12 amended to read as follows: 13 6. a. A person authorized to take possession of [a living] an 14 animal [or creature] pursuant to R.S. 4:22-47 [may] , shall provide 15 such shelter, care, and treatment therefor, including veterinary care 16 and treatment, that is reasonably necessary, the costs of which shall 17 be borne by the owner of the seized animal [or creature] as 18 provided pursuant to R.S.4:22-48. 19 b. Notwithstanding the provisions of R.S.4:22-48 to the 20 contrary, a person seizing [a living] an animal [or creature] 21 pursuant to R.S.4:22-47 may [destroy it] euthanize or provide for 22 the euthanizing of the animal before [it is adjudged forfeited] a 23 court has ruled on the forfeiture, sale or euthanizing of the animal, 24 if the person seizing the animal [or creature is thought] believes the 25 animal to be beyond reasonable hope of recovery [, the]. The cost 26 of [which destruction] euthanizing of the animal shall be borne by 27 the owner of the seized animal [or creature]. A person [destroying 28 an animal or creature] acting pursuant to the authority of this 29 subsection shall not be liable [therefor] for any damages to the 30 owner of the animal [or creature]. 31 (cf: P.L.1989, c.34, s.6) 32 1[50.] 51.1 33 Section 1 of P.L.1997, c.121 (C.4:22-48.2) is 34 amended to read as follows: 35 1. The costs of sheltering, caring for, or treating any animal 36 that has been confiscated from a person arrested pursuant to the 37 provisions of R.S.4:22-47 by [an agent] a humane law enforcement 38 officer of the New Jersey Society for the Prevention of Cruelty to 39 Animals or of a county society for the prevention of cruelty to 40 animals, an animal cruelty investigator or any other person 41 authorized to make an arrest pursuant to article 2 of chapter 22 of Title 4 of the Revised Statutes, 142 or an animal confiscated pursuant to section 1 of P.L.1995, c.255 (C.4:22-26.1),1 43 until the animal is 44 adjudged forfeited or until the animal is returned to the owner, shall 45 be borne by the owner of the animal. 46 (cf: P.L.1997, c.121, s.1) [2R] AS for A2649 ACS VAN DREW, ALBANO 51 1[51.] 52.1 R.S.4:22-50 1 is amended to read as follows: 2 4:22-50. When a person arrested [under the provisions of this 3 article] for a violation of P.L. , c. (C. ) (pending before the 4 Legislature as this bill) or any subsequently enacted law 5 establishing an animal cruelty offense, is in charge of an animal at 6 the time of the arrest, with or without a vehicle attached, and there 7 is no one then present, other than the person arrested, to take charge 8 of the animal or other property as owner or employee, the person 9 making the arrest may take charge thereof or request a proper 10 person to do so. 11 The person making the arrest shall promptly notify the owner of 12 the taking of the animal or other property, as applicable, and [its] 13 the place of custody, [either] in person, by telephone, or by mailing 14 a notice to [his] the last known [post-office] address[, and a] of 15 the owner. The person in charge of the animal or other property at 16 the time of the arrest, with permission of the owner, shall be 17 deemed the agent of the owner to receive such notice. 18 (cf: R.S.4:22-50) 19 1[52.] 53.1 20 Section 1 of P.L.1986, c.89 (C.4:22-50.1) is 21 amended to read as follows: 22 1. When the owner or operator of an animal pound or shelter or 23 other facility providing care and housing to animals is arrested 24 pursuant to the provisions of article 2 of chapter 22 of Title 4 of the 25 Revised Statutes , P.L. , c. (C. ) (pending before the 26 Legislature as this bill) or any subsequently enacted law 27 establishing an animal cruelty offense, by an agent of the New 28 Jersey Society for the Prevention of Cruelty to Animals or any other 29 person authorized to make the arrest under [that] article 2 of 30 chapter 22 of Title 4 of the Revised Statutes or P.L. , c. (C. ) 31 (pending before the Legislature as this bill), or when the warrant is 32 issued for the arrest, the person making the arrest or any other 33 officer or agent of the New Jersey Society for the Prevention of 34 Cruelty to Animals or county society for the prevention of cruelty 35 to animals may petition the [Chancery Division of] Superior Court 36 to remove the owner or operator as custodian of the animals and appoint a receiver to operate the pound or shelter 137 or other facility providing care and housing to animals138 . The petitioner shall serve a 39 copy of the petition on the Department of Health and Senior 40 Services, the local board of health, and the owner or operator. 41 (cf: P.L.1986, c.89, s.1) 42 1[53.] 54.1 43 R.S.4:22-51 is amended to read as follows: 44 4:22-51. When a living animal [or creature] is impounded or 45 confined [as provided in section 4:22-19 of this title], and [shall 46 continue to be without] is not provided necessary food and water [2R] AS for A2649 ACS VAN DREW, ALBANO 52 for more than twelve successive hours, any 1 person may, from time 2 to time as often as is necessary, enter into or upon the [pound in 3 which] kennel, shelter, or pound where the animal [or creature] is 4 impounded or confined and supply it with necessary food and 5 water so long as it shall remain impounded or confined. Such 6 person shall not be liable to an action for such entry. 7 The actual cost of the food, water and bedding provided, 8 [together with] and an additional amount of twenty [per cent 9 additional] percent of that cost, may be collected by [such] the 10 person providing the food, water, and bedding from the owner of 11 the animal [or creature] in an action at law[, together with costs, 12 and the] . The animal [or creature] shall not be exempt from levy 13 and sale upon [an execution issued upon] the issuance of a 14 judgment therefor. 15 (cf: R.S.4:22-51) 16 1[54.] 55.1 17 R.S.4:22-52 is amended to read as follows: 18 4:22-52. The person arresting [the] a person [offending against 19 the provisions of section 4:22-18 of this title] for alleged animal 20 abuse because of transportation of an animal in a cruel manner 21 pursuant to section 5 of P.L. , c. (C. ) (pending before the 22 Legislature as this bill) shall take charge of the vehicle and its 23 contents [, and all]. All necessary expenses [which may be] 24 incurred for taking charge of [and], keeping and sustaining [them] 25 the vehicle and its contents shall be a lien thereon, to be paid by the 26 owner before they can be lawfully redeemed. 27 If the vehicle and its contents are not redeemed within ten days 28 [from the time] after the date of the seizure, the person making the 29 seizure shall cause them to be advertised for sale by advertisements 30 published in a newspaper circulating in the neighborhood in which 31 the seizure was made for at least three times in a daily paper or one 32 time in a weekly paper, stating the time and place of the sale and 33 the reason for the sale. 34 [At the appointed time and place such] The person shall sell the 35 vehicle and its contents to the person offering the highest [bidder] 36 purchase price and out of the proceeds thereof shall pay all 37 necessary expenses incurred[, paying over the balance] for taking 38 charge of, keeping and sustaining the vehicle and its contents. Any 39 remaining moneys shall be paid to the owner. 40 If the proceeds of the sale are insufficient to pay such expenses, 41 the balance may be recovered by the person making the seizure 42 from the owner in an action at law. 43 (cf: R.S.4:22-52) 44 1[55.] 56.1 45 R.S.4:22-53 is amended to read as follows: [2R] AS for A2649 ACS VAN DREW, ALBANO 53 4:22-53. a. An animal [or creature] 1 abandoned in a maimed, 2 sick, infirm or disabled condition, or recovered in connection with 3 any violation of P.L. , c. (C. ) (pending before the Legislature 4 as this bill), if [fit for further use] determined by a licensed 5 veterinarian to be of reasonable health to be fit for sale or adoption, 6 or capable of recovery of reasonable health with proper care, may 7 be advertised and sold or offered for adoption, with any appropriate 8 notice of the care need for the animal or the condition of its health, 9 in the manner directed by [a court of competent jurisdiction or] : 10 (1) the Department of Health and Senior Services; 11 (2) an agent of the New Jersey Society for the Prevention of 12 Cruelty to Animals [.] ; or 13 (3) the Department of Agriculture or a certified livestock 14 inspector, if domestic livestock is involved. 15 The proceeds, after deducting expenses, shall be paid to the 16 [district (county)] county society for the prevention of cruelty to 17 animals, if one is in existence in the county[; if not, then to] . If 18 one is not in existence, the New Jersey [society] Society for the 19 Prevention of Cruelty to Animals shall be paid the proceeds, if any, 20 after expenses. 21 (cf: P.L.1953, c.5, s.84) 22 1[56.] 57.1 23 R.S.4:22-54 is amended to read as follows: 24 4:22-54. When an animal [or creature] is found on the highway 25 or [elsewhere] in another location beyond the control of its owner 26 or a person in possession of the animal, whether abandoned or not, 27 in a maimed, sick, infirm or disabled condition, [a court of 28 competent jurisdiction or] the sheriff of the county, or agent of the 29 New Jersey Society for the Prevention of Cruelty to Animals, may 30 appoint a [suitable person] licensed veterinarian to examine and 31 [destroy such] euthanize or arrange for the proper euthanizing of 32 the animal [or creature] if [unfit for further use] the animal is 33 beyond recovery of reasonable health with proper care, or could not 34 be humanely cared for until it recovers reasonable health. 35 (cf: P.L.1953, c.5, s.85) 36 1[57.] 58.1 37 R.S.4:22-55 is amended to read as follows: 38 4:22-55. a. Except as provided pursuant to subsection b. of this 39 section, all fines, penalties and moneys imposed and collected under 40 the provisions of this article and the provisions of P.L. , 41 c. (C. ) (pending before the Legislature as this bill) or any 42 subsequently enacted law establishing an animal cruelty offense, 43 shall be paid by the court or by the clerk or court officer receiving 44 the fines, penalties or moneys, within thirty days and without 45 demand, to (1) the county society for the prevention of cruelty to 46 animals of the county where the fines, penalties or moneys were [2R] AS for A2649 ACS VAN DREW, ALBANO 54 imposed and collected, if the county society 1 brought the action or it 2 was brought on behalf of the county society, to be used by the 3 county society in aid of the benevolent objects for which it was 4 incorporated, or (2) in all other cases, the New Jersey Society for 5 the Prevention of Cruelty to Animals, to be used by the State 6 society in aid of the benevolent objects for which it was 7 incorporated. 8 b. If an enforcement action for a violation of this article, the 9 provisions of P.L. , c. (C. ) (pending before the Legislature 10 as this bill), or any subsequently enacted law establishing an animal 11 cruelty offense is brought primarily as a result of the discovery 12 [and] of the violation by a certified animal control officer or an 13 animal cruelty investigator, or an investigation of the violation by 14 [a certified] an animal [control officer] cruelty investigator, the 15 fines, penalties or moneys collected shall be paid as follows: one 16 half to the municipality in which the violation occurred; and one 17 half to the county society or to the New Jersey Society for the 18 Prevention of Cruelty to Animals, as applicable to the particular 19 enforcement action. 20 c. Any fines, penalties or moneys paid to a municipality or 21 other entity pursuant to subsection b. of this section shall be 22 allocated by the municipality or other entity to defray the cost of: 23 (1) enforcement of animal control, animal welfare and animal 24 cruelty laws and ordinances within the municipality; and (2) the training therefor required of 1[certified]1 25 animal 26 [control officers] cruelty investigators pursuant to law or other 27 animal enforcement related training authorized by law for municipal 28 employees. 29 (cf: P.L.2005, c.372, s.19) 30 1[58.] 59.1 31 Section 10 of P.L.1997, c.247 (C.4:22-56) is 32 amended to read as follows: 33 10. Although a municipality and the New Jersey Society for the 34 Prevention of Cruelty to Animals or a county society may share in 35 the receipt of fines, penalties or moneys collected with regard to 36 violations occurring in the municipality pursuant to the provisions 37 of R.S.4:22-55: 38 a. neither a municipality [or] , a certified animal control 39 officer , or animal cruelty investigator shall be liable for any civil 40 damages as a result of any act or omission of the New Jersey 41 Society for the Prevention of Cruelty to Animals, a county society 42 or an officer thereof with regard to any investigation, arrest or 43 prosecution of a violator with which the municipality or certified 44 animal control officer was not involved; and 45 b. neither the New Jersey Society for the Prevention of Cruelty 46 to Animals, a county society or an officer thereof shall be liable for 47 any civil damages as a result of any act or omission of a [2R] AS for A2649 ACS VAN DREW, ALBANO 55 municipality [or] , a certified animal control 1 officer , or an animal 2 cruelty investigator, with regard to any investigation, arrest or 3 prosecution of a violator with which the New Jersey Society for the 4 Prevention of Cruelty to Animals, a county society or an officer 5 thereof was not involved. 6 (cf: P.L. 2005, c.372, s.20) 7 1[59.] 60.1 8 Section 3 of P.L.2003, c.67 (C.4:22-57) is amended 9 to read as follows: 10 3. a. For the purposes of establishing the list of persons not 11 eligible to be certified animal control officers as required pursuant 12 to subsections b. and c. of section 3 of P.L.1983, c.525 (C.4:19- 13 15.16a), notice shall be provided, within 90 days after the effective 14 date of this section, to the Commissioner of Health and Senior 15 Services of any person who has been convicted of, or found civilly 16 liable for, a violation of any provision of P.L. , c. (C. ) 17 (pending before the Legislature as this bill), chapter 22 of Title 4 of 18 the Revised Statutes, or any subsequently enacted law establishing 19 an animal cruelty offense, by any court or other official 20 administrative entity maintaining records of such violations 21 adjudged on or before the effective date of this section. 22 b. For the purposes of maintaining the list of persons not 23 eligible to be certified animal control officers as established 24 pursuant to subsections b. and c. of section 3 of P.L.1983, c.525 25 (C.4:19-15.16a), the court [or other official] adjudging the guilt or 26 liability for a violation of P.L. , c. (C. ) (pending before the 27 Legislature as this bill), chapter 22 of Title 4 of the Revised 28 Statutes, or any subsequently enacted law establishing an animal 29 cruelty offense, shall charge the prosecutor, officer of the New 30 Jersey Society for the Prevention of Cruelty to Animals or the 31 county society for the prevention of cruelty to animals, or other 32 appropriate person, other than a certified animal control officer or 33 animal cruelty investigator, with the responsibility to notify within 34 30 days the commissioner, in writing, of the full name of the person 35 found guilty of, or liable for, an applicable violation, and the 36 violation for which or of which that person was found guilty or 37 liable, and the person charged with the responsibility shall provide 38 such notice. 39 (cf: P.L.2005, c.372, s.21) 40 1[60.] 61.1 41 R.S.4:23-1 is amended to read as follows: 42 4:23-1. All penalties incurred for the violation of any provisions 43 of this title shall be collected as provided by this article, [except as 44 to sections 4:21A-1 to 4:21A-4 and] except as to those penalties 45 specifically recoverable under article 2 of this chapter [(s.] 46 (R.S.4:23-11 et seq.) and except as provided by [sections 4:22-29 to 47 4:22-42 of this title] section 30 of P.L. , c. (C. ) (pending [2R] AS for A2649 ACS VAN DREW, ALBANO 56 before the Legislature as this bill), R.1 S.4:22-32, and those sections 2 of law in which an action at law is specifically authorized. 3 (cf: R.S.4:23-1) 4 1[61.] 62.1 5 (New section) a. Notwithstanding the provisions of 6 P.L. , c. (C. ) (pending before the Legislature as this bill) to 7 the contrary, any violations or offenses committed, or in the process 8 of being adjudicated under R.S.4:22-15; R.S.4:22-17 through 9 R.S.4:22-19; section 2 of P.L.1988, c.160 (C.4:22-19.4); R.S.4:22- 10 20 through R.S.4:22-24; sections 1 and 2 of P.L.1939, c.315 11 (C.4:22-25.1 and 4:22-25.2); sections 1 and 2 of P.L.1999, c.307 12 (C.4:22-25.3 and 4:22-25.4); R.S.4:22-26; R.S.4:22-29, R.S.4:22- 13 33; R.S.4:22-46; and R.S.39:4-23 on or before the effective date of 14 P.L. , c. (C. ) (pending before the Legislature as this bill), 15 shall be adjudicated pursuant to those laws, as applicable. 16 1[62.] 63.1 17 The following sections are repealed: R.S.4:22-15; 18 R.S.4:22-17 through R.S.4:22-19; section 2 of P.L.1988, c.160 19 (C.4:22-19.4); R.S.4:22-20 through R.S.4:22-24; sections 1 and 2 of 20 P.L.1939, c.315 (C.4:22-25.1 and 4:22-25.2); sections 1 and 2 of 21 P.L.1999, c.307 (C.4:22-25.3 and 4:22-25.4); R.S.4:22-26; 22 R.S.4:22-29; R.S.4:22-33; R.S.4:22-46; and R.S.39:4-23. 23 1[63.] 64.1 24 This act shall take effect on the 180th day after the 25 date of enactment, but the Attorney General, the Secretary of 26 Agriculture, the Commissioner of Environmental Protection, the 27 Commissioner of Health and Senior Services, and any other State or 28 local agency, department or entity may take such anticipatory 29 administrative action in advance thereof as shall be necessary for 30 the implementation of this act. No virus found in this outgoing message. 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