[ SHOWGSD-L ] THIS IS BAD.... NJ Assembly Bill A2649 (LONG)

  • From: "Ginger Cleary" <cleary1414@xxxxxxxxxxx>
  • To: "Showgsd-L@Freelists. Org" <showgsd-l@xxxxxxxxxxxxx>
  • Date: Wed, 4 Jul 2007 16:46:32 -0400

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

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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

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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.

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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

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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.

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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

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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.

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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,

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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

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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.

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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

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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

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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

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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.

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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

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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.

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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

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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

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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.

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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.).

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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

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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:

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(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

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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

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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

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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;

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(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

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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

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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

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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:

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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.

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[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

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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

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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:

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(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

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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,

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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

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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

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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.

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(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

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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

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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.

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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

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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

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[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

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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

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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)

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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

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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:

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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

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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

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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

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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.

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