Bill Text: NJ A166 | 2010-2011 | Regular Session | Introduced
Bill Title: Permits use of deadly force against black bears in certain cases.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Agriculture and Natural Resources Committee [A166 Detail]
Download: New_Jersey-2010-A166-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblywoman ALISON LITTELL MCHOSE
District 24 (Sussex, Hunterdon and Morris)
Assemblyman GARY R. CHIUSANO
District 24 (Sussex, Hunterdon and Morris)
Co-Sponsored by:
Assemblyman DiMaio
SYNOPSIS
Permits use of deadly force against black bears in certain cases.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning black bears and the lawful use of deadly force, and supplementing chapter 4 of Title 23 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. In addition to the lawful taking of a black bear by a licensed hunter during authorized times as fixed by the provisions of the State Fish and Game Code, the use of deadly force upon or toward a black bear is justified when the black bear:
(1) is attacking any person or domesticated animal;
(2) is entering or has entered the actor's dwelling or the dwelling of a third party; or
(3) within 50 feet of the actor's dwelling or the dwelling of a third party and, based upon the black bear's actions or behavior, the actor reasonably believes that the use of deadly force is necessary to protect himself or to protect a third party from a substantial danger of bodily harm.
b. Nothing in this section shall be construed to prevent any State or local law enforcement officer or any duly authorized personnel of the New Jersey Division of Fish and Wildlife from using deadly force during the performance of their official duties to dispatch any injured or dangerous black bear.
2. This act shall take effect immediately.
STATEMENT
This bill sets forth grounds for the lawful use of deadly force against black bears.
Under the provisions of the bill, a person may use deadly force if the black bear (1) is attacking a person or domesticated animal, (2) is entering or has entered a dwelling or (3) is within 50 feet of a dwelling and, based upon the black bear's actions or behavior, the person reasonably believes that the use of deadly force is necessary to protect himself or another from a substantial danger of bodily harm.
The restrictions set forth in the bill do not apply to licensed hunters during any authorized hunting season.
Similarly, the bill's provisions do not apply to State or local law enforcement officers or to duly authorized personnel of the New Jersey Division of Fish and Wildlife who, in the course of performing their official duties, must use deadly force to dispatch any injured or dangerous black bear.
