Bill Text: NJ A129 | 2024-2025 | Regular Session | Introduced
Bill Title: Establishes procedures for seizure, care, and forfeiture of animals involved in animal cruelty violations.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-01-09 - Introduced, Referred to Assembly Commerce, Economic Development and Agriculture Committee [A129 Detail]
Download: New_Jersey-2024-A129-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Assemblyman DONALD A. GUARDIAN
District 2 (Atlantic)
SYNOPSIS
Establishes procedures for seizure, care, and forfeiture of animals involved in animal cruelty violations.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning certain animals involved in animal cruelty violations, supplementing Title 4 of the Revised Statutes, and amending P.L.2017, c.189.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) As used in sections 1 through 5 of P.L. , c. (C. ) (pending before the Legislature as this bill):
"Animal" means any vertebrate other than humans, except that, other than animals used in connection with a violation of R.S.4:22-24 and equine animals, "animal" shall not include "domestic livestock" as defined by section 1 of P.L.1995, c.311 (C.4:22-16.1).
"Animal care facility" means a shelter, pound, kennel, animal rescue organization facility, or foster home, as those terms are defined in section 1 of P.L.1941, c.151 (C.4:19-15.1), a facility owned or operated by a humane society or other organization, or a representative thereof, that has temporary custody of an animal.
"Animal cruelty violation" means and includes any civil or criminal violation of chapter 19 or 22 of Title 4 of the Revised Statutes, Title 2C of the New Jersey Statutes, or any other State law concerning animal cruelty, except a civil or criminal violation of P.L.2019, c.83 (C.4:22-17.1 et seq.), pertaining to the care or tethering of dogs, domestic companion animals, and service animals.
"Enforcement agency" means any agency, department, organization, or county society for the prevention of cruelty to animals, or any agent, humane law enforcement officer, or representative thereof, which is involved in law enforcement or animal control or in the monitoring of animal welfare and animal cruelty violations.
"Necessary veterinary care" means veterinary care to prevent the imminent death of an animal, alleviate extreme pain for the animal, treat disease, provide basic, general care for the health and welfare of the animal, and administer euthanasia and properly dispose of animal remains, as determined necessary by a licensed veterinarian. "Necessary veterinary care" may include the administration of medicine and vaccinations, but does not include surgical intervention, except if the intervention is emergent to prevent imminent death, extreme pain, or loss of the animal's body functions. "Necessary veterinary care" does not include surgical intervention for elective surgery or for the general health care of the animal, extreme health care measures, or invasive procedures not required to prevent the imminent death of the animal.
"Reasonable costs of care" means: the cost of shelter, food, water, and bedding necessary to house an animal; the cost of necessary care to improve an animal's psychological well-being, including, but not limited to, training and enrichments designed to provide mental and physical stimulation; and the cost of necessary veterinary care for an animal.
2. (New section) a. Upon a showing of a reasonable cause to believe that an animal cruelty violation has been committed, a court of competent jurisdiction may issue, upon request, a warrant to any municipal humane law enforcement officer, humane law enforcement officer of a county society for the prevention of cruelty to animals, or other State or local law enforcement officer, authorizing the person to enter onto the private property where an animal is located and take custody of the animal.
b. Notwithstanding the provisions of subsection a. of this section, or any other law, or any rule or regulation adopted pursuant thereto, to the contrary, a municipal humane law enforcement officer, humane law enforcement officer of a county society for the prevention of cruelty to animals, or other State or local law enforcement officer may immediately enter onto private property where an animal is located and take custody of an animal, without a warrant, if the officer has a reasonable basis to believe that, due to an animal cruelty violation, immediate assistance is required to protect or preserve the animal's life, prevent injury to the animal, or provide the animal with necessary medical attention.
c. As soon as practicable, a municipal humane law enforcement officer, humane law enforcement officer of a county society for the prevention of cruelty to animals, or other State or local law enforcement officer taking an animal into custody pursuant to subsection b. of this section, shall petition a court of competent jurisdiction to order the holding of the animal in the shelter, pound, or kennel operating as a shelter or pound, in which the applicable officer placed the animal, until the adjudication of the animal cruelty offense and final disposition of the animal.
d. An animal taken into custody pursuant to subsection a. or b. of this section shall be placed in the care of a licensed shelter, pound, or kennel operating as a shelter or pound to ensure the humane care and treatment of the animal. If, after the animal has been taken into custody, a licensed veterinarian makes a written determination that the animal is in intractable and extreme pain and beyond any reasonable hope of recovery with reasonable veterinary medical treatment, the animal may be euthanized. At any time while the licensed shelter, pound, or kennel operating as a shelter or pound has custody or control of the animal, it may place the animal in an animal rescue organization facility or a foster home, or otherwise provide care to improve the animal's physical or psychological well-being, provided the licensed shelter, pound, or kennel operating as a shelter or pound determines that the placement at the facility or foster home or the provision of such care: (1) is in the best interests of the animal; (2) will not result in additional and unreasonable costs of care; and (3) will result in euthanasia only under the limited circumstances specified in this subsection.
e. The provisions of section 16 of P.L.1941, c.151 (C.4:19-15.16) shall not apply to an animal placed in the custody of a shelter, pound, or kennel operating as a shelter or pound pursuant to subsection a. or b. of this section, unless the animal is being held by the shelter, pound, or kennel operating as a shelter or pound as a result of the final disposition of the animal, following adjudication pursuant to this section.
3. (New section) a. An animal care facility that takes custody of, and holds an animal pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), or an authorized agent of the animal care facility, including an attorney prosecuting an animal cruelty violation on behalf of a municipality or county, may, no later than 20 days after the animal is taken into custody, file a complaint in the Superior Court seeking the reasonable costs of care for the animal from the animal's owner, or, if the owner is not known to the plaintiff, the person from whom the animal was taken. A copy of the complaint shall be served upon the animal's owner, or, if the owner is not known to the plaintiff, upon the person from whom the animal was taken in accordance with the rules of the court. The complaint shall include:
(1) the name, business address, and telephone number of the animal care facility that has custody of the animal;
(2) a description of the animal taken into custody, including a licensed veterinarian's assessment of the animal's condition and needs, and the necessary veterinary care required;
(3) a statement of the actual and estimated reasonable costs of care for the animal;
(4) a statement that, at any time after the animal has been taken into custody, the animal's owner may relinquish ownership of the animal to the enforcement agency that took the animal into custody or to the animal care facility with custody of the animal;
(5) a statement that, if the animal's owner or the person from whom the animal was taken fails to pay any portion of the reasonable costs of care for the animal, as established by the court, when due, ownership of the animal shall immediately transfer to the animal care facility having custody of the animal; and
(6) a plain language summary of the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), prepared and distributed to animal care facilities in the State by the Attorney General's Office pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. Upon receipt of a complaint filed pursuant to subsection a. of this section, the court shall schedule a hearing on the complaint to be conducted no later than 30 days after the date on which the complaint is filed with the court. Failure by the court to hold a timely hearing pursuant to this subsection shall not affect the disposition of the animal under the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) or the disposition of any pending animal cruelty case against the person from whom an animal was taken into custody.
c. At the hearing on a complaint filed pursuant to subsection a. of this section, the plaintiff shall demonstrate that the animal's owner, or, if the animal's owner is not known, the person from whom the animal was taken, was served with a copy of the complaint as required pursuant to subsection a. of this section, and shall establish, by a preponderance of the evidence, that the animal was taken into custody either for the animal's protection from harm or for necessary medical attention. In determining whether the plaintiff's evidentiary burden has been satisfied, the court may consider:
(1) testimony from the agent or officer who took the animal into custody, and from other witnesses, as to the condition of the animal when taken into custody and the conditions under which the animal or other animals in the household were kept;
(2) testimony and evidence as to the veterinary care provided to the animal;
(3) expert testimony as to the community standards for proper and reasonable care of the same type of animal;
(4) testimony from any witnesses as to the prior treatment or condition of this or other animals in the custody of the owner or person from whom the animal was taken; and
(5) any other evidence the court considers to be material or relevant.
d. (1) If the court determines that the plaintiff has demonstrated, by a preponderance of the evidence, that the animal was taken into custody either for the animal's protection from harm or for necessary medical attention and that the service and content of the complaint met the requirements of subsection a. of this section, the court shall award damages for the reasonable costs of care for the animal for the period the animal is in the custody and care of the animal care facility against the animal's owner or the person from whom the animal was taken, as appropriate. The costs shall be calculated from the date the animal was taken into custody by the enforcement agency or animal care facility, whichever is earlier.
(2) If the court determines that the plaintiff has not shown, by a preponderance of the evidence, that an animal was taken into custody either for the animal's protection from harm or for necessary medical attention, the court shall not award damages for the reasonable costs of care pursuant to paragraph (1) of this subsection, but the animal shall remain in the custody of the animal care facility during the pendency of the animal cruelty investigation and during the court proceeding related to the alleged animal cruelty offense that led to the animal being put in the custody of the animal care facility.
(3) If the court determines that the service or content of the complaint did not meet the requirements of subsection a. of this section, the animal shall remain in the custody of the animal care facility during the pendency of the animal cruelty investigation and during the court proceeding related to the alleged animal cruelty offense that led to the animal being put in the custody of the animal care facility, and the plaintiff may petition the court for a thirty-day extension to refile the complaint.
e. (1) Unless otherwise ordered by the court, no later than seven days after the issuance of a court order pursuant to subsection d. of this section, the person found liable for the reasonable costs of care of a confiscated animal shall pay the animal care facility the full amount, as required by the court, for the respective 30-day period. The person shall make a new payment in the same amount every 30 days until:
(a) the owner voluntarily transfers ownership of the animal to the animal care facility;
(b) ownership of the animal is transferred to the animal care facility pursuant to subsection f. of this section;
(c) the animal is euthanized pursuant to subsection g. of this section; or
(d) final disposition of the proceeding related to the alleged animal cruelty offense that led to the animal being put in the custody of the animal care facility, including final disposition as to forfeiture of the animal pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill) or any other law.
(2) Upon a change in the animal's ownership status pursuant to paragraph (1) of this subsection, any unexpended amounts paid by the person to the animal care facility shall be returned to the person. If the final disposition of the proceeding does not include forfeiture of the animal from its owner and the owner was not adjudged to be guilty of, or liable for, an animal cruelty violation, the owner may reclaim the animal from the animal care facility upon the final disposition of the proceeding. If the person found guilty of, or liable for, the animal cruelty violation is not the owner, the court shall order the person found guilty of, or liable for, the animal cruelty violation to reimburse the owner for reasonable costs of care paid to the court by the owner.
f. If the person against whom a judgment pursuant to subsection d. of this section was entered fails to make a payment for the reasonable costs of care for an animal within seven days of the date of issuance of the court order and every 30 days thereafter as required pursuant to subsection e. of this section, ownership of the animal shall immediately transfer, by operation of law, to the animal care facility having custody of the animal, and the animal care facility shall obtain all rights and privilege in and over the animal.
g. An animal care facility shall not sell, euthanize, offer for adoption, or otherwise dispose of an animal if the person liable for the reasonable costs of care for the animal makes timely payments of such costs to the animal care facility, as required by the court, or until the final disposition of the proceeding involving the animal; provided, however, that an animal care facility may euthanize an animal, at any time, if a licensed veterinarian makes a written determination that the animal is experiencing intractable and extreme pain and is beyond any reasonable hope of recovery.
h. If a person liable for the reasonable costs of care, pursuant to this section, is found not guilty of the alleged criminal animal cruelty offense or is found not liable for civil penalties for an animal cruelty violation, and if the person has made timely payments of the reasonable costs of care pursuant to this section, the person shall have the right to immediately repossess the animal and be reimbursed by the animal care facility for all of the reasonable costs of care, except those related to necessary veterinary care, that were paid by the person to the animal care facility. If the person contests the necessity of veterinary care provided as necessary veterinary care, the person may request reimbursement of veterinary care costs that the person believes was not necessary veterinary care. If the animal care facility cannot document the necessity of the veterinary care provided, the animal care facility shall reimburse the person for the veterinary care costs that are contested by the person and which the animal care facility cannot document as necessary veterinary care.
i. The result of any confiscation and cost of care hearing held pursuant to this section, and any statement made by a party in the course of such a hearing, shall not be admissible in any criminal prosecution or civil proceedings concerning an animal cruelty violation.
j. If the owner or the person from whom an animal was taken, as applicable, fails to appear for a hearing for the reasonable costs of care for an animal pursuant to this section, the owner or other person shall be liable for the costs, and all other provisions of this section shall remain in force.
4. (New section) a. Notwithstanding the provisions of any other law, or any rule or regulation adopted pursuant thereto, to the contrary, an animal care facility or enforcement agency may, upon the conviction of a person for a criminal animal cruelty offense, or upon a judicial finding that the person is liable for a civil animal cruelty violation, petition the court overseeing the animal cruelty proceeding for an order requiring the permanent forfeiture of the animal on the basis of the conviction or the finding, provided that the person is the owner of the animal. If the owner is not the person convicted of, or found liable for, the animal cruelty violation, the court shall order the animal to be returned to its owner, if the reasonable costs of care have been paid.
b. The court, upon its own initiative or in response to a petition filed pursuant to subsection a. of this section, and in addition to any other penalties that may be imposed on the defendant, may:
(1) adjudge an animal forfeited to the animal care facility having custody of the animal, and invest all rights and privileges over the animal in the animal care facility; or
(2) order that the person convicted or found civilly liable of an animal cruelty offense, and any other person convicted for, or found civilly liable for, conspiring, aiding, or abetting in the action or inaction that formed the basis for the conviction or finding, shall be prohibited from owning, harboring, or having custody or control of any other animals for a period of time that the court deems appropriate.
c. Any animal found to be in intractable and extreme pain and that is beyond any reasonable hope of recovery, as certified to the court in writing by a licensed veterinarian, may be euthanized immediately and prior to the issuance of a court order.
5. (New section) The Attorney General shall prepare and distribute to the animal care facilities in the State a plain language summary of the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).
6. Section 16 of P.L.1941, c.151 (C.4:19-15.16) is amended to read as follows:
16. a. The certified animal control officer appointed by the governing body of the municipality shall take into custody and impound any animal, to thereafter be euthanized or offered for adoption, as provided in this section:
(1) Any dog off the premises of the owner or of the person charged with the care of the dog, which is reasonably believed to be a stray dog;
(2) Any dog off the premises of the owner or the person charged with the care of the dog without a current registration tag on its collar or elsewhere;
(3) Any female dog in season off the premises of the owner or the person charged with the care of the dog;
(4) Any dog or other animal which is suspected to be rabid; or
(5) Any dog or other animal off the premises of the owner or the person charged with its care that is reported to, or 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 property.
b. If an animal taken into custody and impounded pursuant to subsection a. of this section has a collar or harness with identification of the name and address of any person, or has a registration tag, or has a microchip with an identification number that can be traced to the owner or person charged with the care of the animal, or the owner or the person charged with the care of the animal is otherwise known, the certified animal control officer shall ascertain the name and address of the owner or the person charged with the care of the animal, and serve to the identified person as soon as practicable, a notice in writing that the animal has been seized and will be liable to be offered for adoption or euthanized if not claimed within seven days after the service of the notice.
c. A notice required pursuant to this section may be served: (1) by delivering it to the person on whom it is to be served, or by leaving it at the person's usual or last known place of residence or the address given on the collar, harness, or microchip identification; or (2) by mailing the notice to that person at the person's usual or last known place of residence, or to the address given on the collar, harness or microchip identification.
d. A shelter, pound, or kennel operating as a shelter or pound receiving an animal from a certified animal control officer pursuant to subsection a. of this section, or from any other individual, group, or organization, shall hold the animal for at least seven days before offering it for adoption, or euthanizing, relocating, or sterilizing the animal, except if:
(1) the animal is surrendered voluntarily by its owner to the shelter, pound, or kennel operating as a shelter or pound, in which case the provisions of subsection e. of this section shall apply; or
(2) the animal is suspected of being rabid, in which case the provisions of subsection j. of this section shall apply.
e. If a shelter, pound, or kennel operating as a shelter or pound is not required to hold an animal for at least seven days pursuant to paragraph (1) of subsection d. of this section, the shelter, pound, or kennel operating as a shelter or pound:
(1) shall offer the animal for adoption for at least seven days before euthanizing it; or
(2) may transfer the animal to an animal rescue organization facility or a foster home prior to offering it for adoption if such a transfer is determined to be in the best interest of the animal by the shelter, pound, or kennel operating as a shelter or pound.
f. Except as otherwise provided for under subsection e. of this section, no shelter, pound, or kennel operating as a shelter or pound receiving an animal from a certified animal control officer may transfer the animal to an animal rescue organization facility or a foster home until the shelter, pound, or kennel operating as a shelter or pound has held the animal for at least seven days.
g. If the owner or the person charged with the care of the animal seeks to claim it within seven days, or after the seven days have elapsed but before the animal has been adopted or euthanized, the shelter, pound, or kennel operating as a shelter or pound:
(1) shall, in the case of a cat or dog, release it to the owner or person charged with its care, provided the owner or person charged with the care of the animal provides proof of ownership, which may include a valid cat or dog license, registration, rabies inoculation certificate, or documentation from the owner's veterinarian that the cat or dog has received regular care from that veterinarian;
(2) may, in the case of a cat or dog, charge the cost of sterilizing the cat or dog, if the owner requests such sterilizing when claiming it; and
(3) may require the owner or person charged with the care of the animal to pay all the animal's expenses while in the care of the shelter, pound, or kennel operating as a shelter or pound, not to exceed $4 per day.
h. If the animal remains unclaimed, is not claimed due to the failure of the owner or other person to comply with the requirements of this section, or is not adopted after seven days after the date on which notice is served pursuant to subsection c. of this section or, if no notice can be served, not less than seven days after the date on which the animal was impounded, the impounded animal may be placed in a foster home, transferred to another shelter, pound, kennel operating as a shelter or pound, or animal rescue organization facility, or euthanized in a manner causing as little pain as possible and consistent with the provisions of R.S.4:22-19.
i. At the time of adoption, the right of ownership in the animal shall transfer to the new owner. No dog or other animal taken into custody, impounded, sent or otherwise brought to a shelter, pound, or kennel operating as a shelter or pound shall be sold or otherwise be made available for the purpose of experimentation. Any person who sells or otherwise makes available any such dog or other animal for the purpose of experimentation shall be guilty of a crime of the fourth degree.
j. Any animal seized under this section suspected of being rabid shall be immediately reported to the executive officer of the local board of health and to the Department of Health, and shall be quarantined, observed, and otherwise handled and dealt with as appropriate for an animal suspected of being rabid or as required by the Department of Health for the animals.
k. When a certified animal control officer takes into custody and impounds, or causes to be taken into custody and impounded, an animal, the certified animal control officer may place the animal in the custody of, or cause the animal to be placed in the custody of, only a licensed shelter, pound, or kennel operating as a shelter or pound. The certified animal control officer may not place the animal in the custody of, or cause the animal to be placed in the custody of, any animal rescue organization facility, foster home, or other unlicensed facility. However, the licensed shelter, pound, or kennel operating as a shelter or pound may place the animal in an animal rescue organization facility, foster home, or other unlicensed facility if necessary pursuant to subsection e. or h. of this section.
l. Notwithstanding the provisions of this section and sections 3 and 4 of P.L.2011, c.142 (C.4:19-15.30 and C.4:19-15.31) to the contrary, no cat or dog being transferred between shelters, pounds, or kennels operating as shelters or pounds, or being transferred to an animal rescue organization facility or placed in a foster home, shall be required to be sterilized prior to that transfer.
m. The provisions of this section shall not apply to any animal that is placed in the custody of a shelter, pound, or kennel operating as a shelter or pound, either pursuant to subsection a. or b. of section 7 of P.L.2017, c.189 (C.4:22-17.7) or pursuant to subsection a. or b. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), unless the animal is being held by the shelter, pound, or kennel operating as a shelter or pound as a result of the final disposition of the animal, following the adjudication of an animal cruelty offense.
(cf: P.L.2012, c.17, s.7)
7. Section 7 of P.L.2017, c.189 (C.4:22-17.7) is amended to read as follows:
7. a. [Upon] Notwithstanding the provisions of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) to the contrary, upon a showing of [probable] reasonable cause to believe that there has been a violation of P.L.2017, c.189 (C.4:22-17.1 et seq.) committed, and upon submission of proof of issuance of a [summons] written correction warning pursuant to subsection f. of this section, a court of competent jurisdiction may issue, upon request, a warrant to any municipal humane law enforcement officer, humane law enforcement officer of a county society for the prevention of cruelty to animals, or other State or local law enforcement officer, authorizing the person to enter onto the private property where a dog, domestic companion animal, or service animal is located and take [physical] custody of the animal, except when immediate assistance is required to protect or preserve the animal's life, prevent injury to the animal, or provide necessary medical attention, in which case, the provisions of subsection b. of this section shall apply.
b. Notwithstanding the provisions of subsection a. of this section, or any other law, or any rule or regulation adopted pursuant thereto, to the contrary, any municipal humane law enforcement officer, humane law enforcement officer of a county society for the prevention of cruelty to animals, or other State or local law enforcement officer may immediately enter onto private property where a dog, domestic companion animal, or service animal is located and take [physical] custody of the animal, without a warrant, if the officer has a reasonable basis to believe that, due to a violation of P.L.2017, c.189 (C.4:22-17.1 et seq.), immediate assistance is required to protect or preserve the animal's life [or] , prevent injury to the animal, or provide the animal with necessary medical attention.
c. Upon taking [physical] custody of a dog, domestic companion animal, or service animal pursuant to subsection a. or b. of this section, the person taking [physical] custody of the animal shall:
(1) post immediately, in a conspicuous place at the location from which the dog, domestic companion animal, or service animal was taken into custody , the notice required pursuant to subsection d. of this section to the owner or person with custody or control of the dog, domestic companion animal, or service animal; [and]
(2) no later than seven days after the dog, domestic companion animal, or service animal has been taken into custody, send by registered or certified mail [and by ordinary mail], or by personal service, the notice described in subsection d. of this section to :
(a) the address of the location from which the dog, domestic companion animal, or service animal was taken into [physical] custody ; and
(b) the owner of record, if the address for the owner of record is different from the location from which the dog, domestic companion animal, or service animal was taken; and
(3) If the dog, domestic companion animal, or service animal was taken into custody pursuant to subsection b. of this section, the municipal humane law enforcement officer, humane law enforcement officer of a county society for the prevention of cruelty to animals, or other State or local law enforcement officer who took custody of the animal shall petition a court of competent jurisdiction to order the holding of the animal in the shelter, pound,or kennel operating as a shelter or pound, in which the applicable officer placed the animal, until the adjudication of the alleged violation of P.L.2017, c.189 (C.4:22-17.1 et seq.) and final disposition of the animal.
d. The notice required pursuant to subsection c. of this section shall: (1) provide a description of the dog, domestic companion animal, or service animal; (2) state that the dog, domestic companion animal, or service animal may be euthanized upon a veterinarian's written determination of medical necessity as required by subsection e. of this section; (3) state the statutory authority and reason for taking custody of the dog, domestic companion animal, or service animal; and (4) provide contact information, including at least the name of any applicable office or entity, the name of a person at that office or entity, and a telephone number for the owner or person with custody or control of the dog, domestic companion animal, or service animal to obtain information concerning the animal, [the alleged violation, and] including where the animal is [impounded] in custody .
e. A dog, domestic companion animal, or service animal taken into [physical] custody pursuant to subsection a. or b. of this section shall be placed in the care of a licensed shelter, pound, or kennel operating as a shelter or pound to ensure the humane care and treatment of the animal. If, after the dog, domestic companion animal, or service animal has been taken into [physical] custody, a licensed veterinarian makes a written determination that the animal is in intractable and extreme pain and beyond any reasonable hope of recovery with reasonable veterinary medical treatment, the animal may be euthanized. At any time while the licensed shelter, pound, or kennel operating as a shelter or pound has custody or control of the dog, domestic companion animal, or service animal, it may place the animal in an animal rescue organization facility or a foster home, or otherwise provide care to improve the animal's physical or psychological well-being, if it determines the placement at the facility or foster home or the provision of such care: (1) is in the best interest of the animal; (2) will not result in additional and unreasonable costs of care; and (3) will result in euthanasia only under the limited circumstances specified in this subsection.
f. A person shall be issued a written correction warning prior to being cited for a violation of P.L.2017, c.189 (C.4:22-17.1 et seq.) unless the dog, domestic companion animal, or service animal involved in the violation was [seized immediately] taken into custody pursuant to subsection b. of this section. A summons [shall] may be served on the alleged violator [as soon as practicable] if:
(1) after the seven days have elapsed from the date a written correction warning is issued, no correction has been made; or
(2) the dog, domestic companion animal, or service animal involved in the violation was [seized immediately] taken into custody pursuant to subsection b. of this section.
If the alleged violator is not the owner of the dog, domestic companion animal, or service animal, the person issuing the written correction warning or summons, as applicable, shall also notify the owner of the animal of the violation and provide the owner with a copy of the issued written correction warning or summons, as applicable.
g. Any summons issued for a violation of P.L.2017, c.189 (C.4:22-17.1 et seq.) shall contain:
(1) a description of the violation and statutory authority; and
(2) contact information identifying, at a minimum (a) the name of the investigating agency or office, and (b) the name of the officer issuing the summons or investigating the alleged violation.
h. Any municipal humane law enforcement officer, humane law enforcement officer of a county society for the prevention of cruelty to animals, or other State or local law enforcement officer issuing a summons for a violation of P.L.2017, c.189 (C.4:22-17.1 et seq.) shall also serve on the alleged violator, with the summons, a written notice of:
(1) the right to voluntarily forfeit ownership or custody of the dog, domestic companion animal, or service animal;
(2) the action or actions required for compliance;
(3) a demand for immediate compliance; and
(4) a telephone number for the investigating agency or office and the investigating officer or agent.
i. Any municipal humane law enforcement officer, humane law enforcement officer of a county society for the prevention of cruelty to animals, or other State or local law enforcement officer may petition a court of competent jurisdiction to have a dog, domestic companion animal, or service animal confiscated, if not previously [seized] taken into custody pursuant to this section, and forfeited, upon the person being found guilty of, or liable for, a violation of P.L.2017, c.189 (C.4:22-17.1 et seq.). Upon a finding that continued possession of the dog, domestic companion animal, or service animal, by the owner or other person authorized to have custody or control of the animal, poses a threat to the health or safety of the animal, the court shall order that the animal be forfeited, placed in an animal rescue organization facility, shelter, pound, or kennel operating as a shelter or pound, and made available for adoption.
j. A person found guilty of, or liable for, a violation of any provision of P.L.2017, c.189 (C.4:22-17.1 et seq.) shall be responsible for, and shall pay, the reasonable costs of caring for the dog, domestic companion animal, or service animal from the date on which [physical] custody of the animal was taken pursuant to this section until the date the animal is surrendered, forfeited, returned, or euthanized, including, but not limited to, the cost of transporting, sheltering, and feeding the animal, the cost of providing the animal with necessary veterinary care, and, if the animal is euthanized, the cost of the euthanasia.
k. The provisions of section 16 of P.L.1941, c.151 (C.4:19-15.16) shall not apply to an animal placed in the custody of a shelter, pound, or kennel operating as a shelter or pound pursuant to subsection a. or b. of this section, unless the animal is being held by the shelter, pound, or kennel operating as a shelter or pound as a result of the final disposition of the animal, following the adjudication of an animal cruelty offense.
(cf: P.L.2019, c.83, s.1)
8. R.S.4:22-47 is amended to read as follows:
4:22-47. [A] Notwithstanding the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) to the contrary, a sheriff, undersheriff, constable, police officer, municipal humane law enforcement officer, chief humane law enforcement officer, or humane law enforcement officer of a county society for the prevention of cruelty to animals may enter any building or place where there is an exhibition of the fighting or baiting of a living animal or creature, where preparations are being made for such an exhibition, or where a violation otherwise of R.S.4:22-24 is occurring, arrest without warrant all persons there present, and take possession of all living animals or creatures engaged in fighting or there found, and all implements or appliances used or to be used in such exhibition, without a warrant issued pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.2017, c.331, s.17)
9. This act shall take effect immediately.
STATEMENT
This bill would: (1) authorize certain law enforcement officials to take custody of animals in cases of suspected animal cruelty violations; and (2) establish various provisions related to the payment of the cost of care of animals taken into custody.
Specifically, the bill would:
(1) provide that a court of competent jurisdiction may issue a warrant concerning a violation of P.L.2017, c.189 after receiving proof of issuance of a written correction warning pursuant to subsection f. of section 5 of P.L.2017, c.189 (C.4:22-17.7), rather than proof of issuance of a summons;
(2) provide that a court of competent jurisdiction may issue a warrant concerning a violation of P.L.2017, c.189 without receiving the proof of issuance described above, whenever immediate assistance is required to protect an animal;
(3) specify that the notice required pursuant to subsection c. of section 5 of P.L.2017, c.189 (C.4:22-17.7): (a) must be sent no later than seven days after an animal has been taken into custody; (b) must be sent to the owner as well as the address from which the animal was taken; and (c) need not contain information concerning the alleged violation that led to the confiscation of the animal; and
(4) provide that a licensed shelter, pound, or kennel operating as a shelter or pound, which has custody or control of a dog, domestic companion animal, or service animal, because of an alleged violation of P.L.2017, c.189, may provide care to improve the animal's physical or psychological well-being.
In addition, the bill would authorize a court of competent jurisdiction to issue a warrant to any municipal humane law enforcement officer, humane law enforcement officer of a county society for the prevention of cruelty to animals, or other State or local law enforcement officer to enter onto the private property where an animal is located and take custody of the animal, upon a showing that there was a reasonable basis to believe that there has been an animal cruelty violation. In cases where an officer has a reasonable basis to believe that, due to an animal cruelty violation, immediate assistance is required, the officer would be authorized to enter a private property and take custody of an animal without a warrant.
The bill would require animals taken into custody in the manner described above to be placed in the care of a licensed shelter, pound, or kennel operating as a shelter or pound. The bill would authorize these facilities to provide care to improve the animal's physical or psychological well-being, or to transfer the animal in an animal rescue organization facility or a foster home, provided the licensed shelter, pound, or kennel operating as a shelter or pound determines that such placement or care: (1) is in the best interests of the animal; (2) would not incur additional and unreasonable costs of care; and (3) would not permit euthanasia except if a licensed veterinarian makes a written determination that the animal is in intractable and extreme pain and beyond any reasonable hope of recovery with reasonable veterinary medical treatment.
The bill would authorize an animal care facility (as defined by the bill) that receives and cares for an animal taken into custody in the manner described above to file a complaint in the Superior Court seeking payment of the reasonable costs of care provided to the animal. The bill would establish various requirements for the form and content of the complaint. If an animal care facility demonstrates, by a preponderance of evidence, that an animal was taken into custody either for the animal's protection from harm or for needed medical attention, and that the complaint was served in the correct manner, the bill would direct the court to award damages for the reasonable costs of care for the animal for the period that the animal is in the custody of the animal care facility. If the court determines that the animal care facility has not established these facts by a preponderance of evidence, no damages would be awarded, but the animal would be retained by the animal care facility until the outcome of the animal cruelty proceeding that led to the animal's seizure. If the court determines that a complaint was not filed in the correct manner, the animal would be retained by the animal care facility, which could petition the court for a 30-day extension to refile the complaint.
The bill establishes various requirements concerning the way in which damages for the reasonable costs of care for an animal are to be paid. If a person fails to make a payment, as required by the bill, ownership of the animal would transfer to the animal care facility.
The bill would provide that, if a person liable for the reasonable costs of care under the bill is found to be not guilty of the alleged criminal animal cruelty offense or is found not liable for civil penalties for an animal cruelty violation that led to the seizure of the animal, and if the person has made timely payments for the reasonable costs of care, the person would be authorized to immediately repossess the person's animal and to be reimbursed by the animal care facility for all of the reasonable costs of care, except those related to necessary veterinary care, that were paid by the person to the animal care facility. However, the bill also provides that, if the person contests the necessity of veterinary care provided as necessary veterinary care, the person may request reimbursement of veterinary care costs that the person believes was not necessary veterinary care, and the animal care facility will be required to reimburse the contested costs if it cannot document the veterinary care was so necessary.
The bill defines "necessary veterinary care" as veterinary care to prevent the imminent death of an animal, alleviate extreme pain for the animal, treat disease, provide basic, general care for the health and welfare of the animal, and administer euthanasia and properly dispose of animal remains, as determined necessary by a licensed veterinarian. It includes the administration of medicine and vaccinations, but excludes surgical intervention, except if such intervention is emergent to prevent imminent death, extreme pain, or loss of the animal's body functions. "Necessary veterinary care" would also not include surgical intervention for elective surgeries or surgeries for the general health care of the animal, or extreme health care measures or invasive procedures not required to prevent the imminent death of the animal.
Finally, the bill would authorize animal care facilities and enforcement agencies (as defined by the bill) to petition a court presiding over an animal cruelty proceeding for an order requiring the forfeiture of the animal involved in animal cruelty offense to an animal care facility. The court would also be authorized to order that the person convicted of an animal cruelty violation and any person who was convicted for conspiring, aiding, or abetting in the violation that was the basis of the conviction, be prohibited from owning, harboring, or having custody or control of any other animals for a period of time that the court deems appropriate. The bill would also authorize the court to issue an order as described above upon its own initiative.
