Bill Text: NJ A2220 | 2012-2013 | Regular Session | Introduced
Bill Title: Revises confiscation, impoundment, and forfeiture procedures for an animal abandoned by owner or seized from abusing owner.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-02 - Introduced, Referred to Assembly Agriculture and Natural Resources Committee [A2220 Detail]
Download: New_Jersey-2012-A2220-Introduced.html
Sponsored by:
Assemblyman REED GUSCIORA
District 15 (Hunterdon and Mercer)
SYNOPSIS
Revises confiscation, impoundment, and forfeiture procedures for an animal abandoned by owner or seized from abusing owner.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the confiscation, impoundment, and forfeiture of animals, and amending and supplementing Title 4 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.4:22-15 is amended to read as follows:
4:22-15. As used in this article:
"Animal" or "creature" [includes] means any member of the whole brute creation. The term "animal" shall not include human beings.
"Animal care facility" means an animal rescue organization facility, shelter, pound, or kennel operating as a shelter, pound, or temporary housing facility.
"Animal rescue organization" means an individual or group of individuals who, with or without salary or compensation, house and care for seemingly unowned or unwanted animals in the home of an individual or in other facilities, with the intent of placing the animals in responsible, more permanent homes as soon as possible.
"Animal rescue organization facility" means the home or other facility in which an animal rescue organization houses and cares for an animal.
"Caretaker" means a person who is in possession of an animal and a person upon whom the care, health, safety and welfare of the animal are primarily dependent. "Caretaker" may include, but shall not be limited to, the owner, operator, or employee of an animal care facility or the person providing a foster home for an animal.
"Certified animal control officer" means a certified animal control officer as defined pursuant to section 1 of P.L.1941, c.151 (C.4:19-15.1).
"Domesticated animal" means a domestic companion animal as defined pursuant to subsection u. of N.J.S.2C:20-1 or any animal of a species commonly kept as a domestic companion animal. "Domesticated animal" shall not include domestic livestock as defined pursuant to P.L.1995, c.311 (C.4:22-16.1).
"Foster home" means placement of a cat or dog with an individual or group that is not an animal rescue organization for the purpose of temporarily caring for the cat or dog, without the individual or group assuming ownership and with the intent of the individual or group relinquishing the cat or dog to a suitable owner when one is located.
"Humane law enforcement officer" means a humane law enforcement officer as defined pursuant to section 1 of P.L.2005, c.372 (C.4:22-11.1).
"Kennel" means a kennel licensed under P.L.1941, c.151 (C.4:19-15.8) and defined pursuant to section 1 of P.L.1941, c.151 (C.4:19-15.1).
"Owner" [or "person" includes a corporation, and the knowledge and acts of an agent or employee of a corporation in regard to animals transported, owned, employed or in the custody of the corporation shall be imputed to the corporation.] means a person who is the caretaker of an animal in question and has the legal right of possession of the animal and any legal title to its ownership.
"Pound" means a pound licensed under P.L.1941, c.151 (C.4:19-15.8) and defined pursuant to section 1 of P.L.1941, c.151 (C.4:19-15.1).
"Shelter" means a shelter licensed under P.L.1941, c.151 (C.4:19-15.8) and defined pursuant to section 1 of P.L.1941, c.151 (C.4:19-15.1).
"Temporary housing" means an animal care facility or a foster home in which an animal is temporarily being cared for and housed pending court disposition of the animal. "Temporary housing" shall not include cages at a police station or other animal control facility.
(cf: R.S.4:22-15)
2. R.S.4:22-17 is amended to read as follows:
4:22-17. a. A person who shall:
(1) Overdrive, overload, drive when overloaded, overwork, [deprive of necessary sustenance,] abuse, or needlessly kill a living animal or creature;
(2) Cause or procure, by any direct or indirect means, including but not limited to through the use of another living animal or creature, any such acts to be done; or
(3) [Inflict] Except as otherwise provided for under paragraph (1), (2), or (3) of subsection b. of this section, inflict unnecessary cruelty upon a living animal or creature, by any direct or indirect means, including but not limited to through the use of another living animal or creature; or unnecessarily fail to provide a living animal or creature of which the person has charge either as an owner or otherwise with proper food, drink, shelter or protection from the weather; or leave it unattended in a vehicle under inhumane conditions adverse to the health or welfare of the living animal or creature--
Shall be guilty of a disorderly persons offense, and notwithstanding the provisions of N.J.S.2C:43-3 to the contrary, for every such offense shall be fined not less than $250 nor more than $1,000, or be imprisoned for a term of not more than six months, or both, in the discretion of the court. A violator of this subsection shall also be subject to the provisions of subsection c. and, if appropriate, subsection d. of this section.
b. A person who shall purposely, knowingly, or recklessly:
(1) Torment, torture, maim, hang, poison, unnecessarily or cruelly beat, or needlessly mutilate a living animal or creature;
(2) Severely neglect a living animal or creature by failing to feed or care for the animal or creature until it is emaciated or near death from lack of food or other care; or
[(2)] (3) Cause or procure, by any direct or indirect means, including but not limited to through the use of another living animal or creature, any such acts to be done --
Shall be guilty of a crime of the fourth degree.
If the animal or creature is cruelly killed or dies as a result of a violation of this subsection, or the person has a prior conviction for a violation of this subsection, the person shall be guilty of a crime of the third degree.
A violator of this subsection shall also be subject to the provisions of subsection c. and, if appropriate, subsection d. of this section.
c. For a violation of subsection a. or b. of this section, in addition to imposing any other appropriate penalties established for a crime of the third degree, crime of the fourth degree, or disorderly persons offense, as the case may be, pursuant to Title 2C of the New Jersey Statutes, the court shall impose a term of community service of up to 30 days, and may direct that the term of community service be served in providing assistance to the New Jersey Society for the Prevention of Cruelty to Animals, a [district (county)] county society for the prevention of cruelty to animals, or any other recognized organization concerned with the prevention of cruelty to animals or the humane treatment and care of animals, or to a municipality's animal control or animal population control program. The court also may require the violator to pay restitution or otherwise reimburse any costs for food, drink, shelter, or veterinary care or treatment, or other costs, incurred by any agency, entity, or organization investigating the violation, including but not limited to the New Jersey Society for the Prevention of Cruelty to Animals, a [district (county)] county society for the prevention of cruelty to animals, any other recognized organization concerned with the prevention of cruelty to animals or the humane treatment and care of animals, or a local or State governmental entity.
d. If a juvenile is adjudicated delinquent for an act which, if committed by an adult, would constitute a disorderly persons offense pursuant to subsection a. of this section or a crime of the third degree or crime of the fourth degree pursuant to subsection b. of this section, the court also shall order the juvenile to receive mental health counseling by a licensed psychologist or therapist named by the court for a period of time to be prescribed by the licensed psychologist or therapist.
(cf: P.L.2005, c.105, s.1)
3. R.S.4:22-20 is amended to read as follows:
4:22-20. a. A person who [shall abandon] abandons a maimed, sick, infirm or disabled animal or creature to die in a public place, shall be guilty of a [disorderly persons offense] crime of the fourth degree.
b. A person who [shall abandon] abandons a domesticated animal shall be guilty of a [disorderly persons offense] crime of the fourth degree. The violator shall be subject to [the maximum] a mandatory minimum penalty of $1,000 [penalty].
c. A person who leaves a domesticated animal without care from the owner or a designated care provider, or in any location other than the premises owned and occupied by the owner of the domesticated animal or by the designated care provider, shall be guilty of abandoning the domesticated animal pursuant to subsection b. of this section and therefore guilty of a crime of the fourth degree and subject to the mandatory minimum penalty of $1,000.
(cf: P.L.1991, c.108, s.1)
4. R.S.4:22-26 is amended to read as follows:
4:22-26. A person who shall:
a. (1) Overdrive, overload, drive when overloaded, overwork, [deprive of necessary sustenance,] abuse, or needlessly kill a living animal or creature, or cause or procure, by any direct or indirect means, including but not limited to through the use of another living animal or creature, any such acts to be done;
(2) (a) Torment, torture, maim, hang, poison, unnecessarily or cruelly beat, or needlessly mutilate a living animal or creature [,];
(b) Severely neglect a living animal or creature by failing to feed or care for the animal or creature until it is emaciated or near death from lack of food or other care;
(c) Abandon a domesticated animal without care from the owner or a designated care provider, or in any location other than the premises owned and occupied by the owner of the domesticated animal or by the designated care provider; or [cause]
(d) Cause or procure, by any direct or indirect means, including but not limited to through the use of another living animal or creature, any such acts to be done;
(3) Cruelly kill, or cause or procure, by any direct or indirect means, including but not limited to through the use of another living animal or creature, the cruel killing of, a living animal or creature, or otherwise cause or procure, by any direct or indirect means, including but not limited to through the use of another living animal or creature, the death of a living animal or creature from commission of any act described in paragraph (2) of this subsection;
b. (Deleted by amendment, P.L.2003, c.232).
c. [Inflict] Except as otherwise provided for under paragraph (2) of subsection a. of this section, inflict unnecessary cruelty upon a living animal or creature, by any direct or indirect means, including but not limited to through the use of another living animal or creature; or unnecessarily fail to provide a living animal or creature of which the person has charge either as an owner or otherwise with proper food, drink, shelter or protection from the weather; or leave it unattended in a vehicle under inhumane conditions adverse to the health or welfare of the living animal or creature;
d. Receive or offer for sale a horse that is suffering from abuse or neglect, or which by reason of disability, disease, abuse or lameness, or any other cause, could not be worked, ridden or otherwise used for show, exhibition or recreational purposes, or kept as a domestic pet without violating the provisions of this article;
e. Keep, use, be connected with or interested in the management of, or receive money or other consideration for the admission of a person to, a place kept or used for the purpose of fighting or baiting a living animal or creature;
f. Be present and witness, pay admission to, encourage, aid or assist in an activity enumerated in subsection e. of this section;
g. Permit or suffer a place owned or controlled by him to be used as provided in subsection e. of this section;
h. Carry, or cause to be carried, a living animal or creature in or upon a vehicle or otherwise, in a cruel or inhumane manner;
i. Use a dog or dogs for the purpose of drawing or helping to draw a vehicle for business purposes;
j. Impound or confine or cause to be impounded or confined in a pound or other place a living animal or creature, and shall fail to supply it during such confinement with a sufficient quantity of good and wholesome food and water;
k. Abandon a maimed, sick, infirm or disabled animal or creature to die in a public place;
l. Willfully sell, or offer to sell, use, expose, or cause or permit to be sold or offered for sale, used or exposed, a horse or other animal having the disease known as glanders or farcy, or other contagious or infectious disease dangerous to the health or life of human beings or animals, or who shall, when any such disease is beyond recovery, refuse, upon demand, to deprive the animal of life;
m. Own, operate, manage or conduct a roadside stand or market for the sale of merchandise along a public street or highway; or a shopping mall, or a part of the premises thereof; and keep a living animal or creature confined, or allowed to roam in an area whether or not the area is enclosed, on these premises as an exhibit; except that this subsection shall not be applicable to: a pet shop licensed pursuant to P.L.1941, c.151 (C.4:19-15.1 et seq.); a person who keeps an animal, in a humane manner, for the purpose of the protection of the premises; or a recognized breeders' association, a 4-H club, an educational agricultural program, an equestrian team, a humane society or other similar charitable or nonprofit organization conducting an exhibition, show or performance;
n. Keep or exhibit a wild animal at a roadside stand or market located along a public street or highway of this State; a gasoline station; or a shopping mall, or a part of the premises thereof;
o. Sell, offer for sale, barter or give away or display live baby chicks, ducklings or other fowl or rabbits, turtles or chameleons which have been dyed or artificially colored or otherwise treated so as to impart to them an artificial color;
p. Use any animal, reptile, or fowl for the purpose of soliciting any alms, collections, contributions, subscriptions, donations, or payment of money except in connection with exhibitions, shows or performances conducted in a bona fide manner by recognized breeders' associations, 4-H clubs or other similar bona fide organizations;
q. Sell or offer for sale, barter, or give away living rabbits, turtles, baby chicks, ducklings or other fowl under two months of age, for use as household or domestic pets;
r. Sell, offer for sale, barter or give away living baby chicks, ducklings or other fowl, or rabbits, turtles or chameleons under two months of age for any purpose not prohibited by subsection q. of this section and who shall fail to provide proper facilities for the care of such animals;
s. Artificially mark sheep or cattle, or cause them to be marked, by cropping or cutting off both ears, cropping or cutting either ear more than one inch from the tip end thereof, or half cropping or cutting both ears or either ear more than one inch from the tip end thereof, or who shall have or keep in the person's possession sheep or cattle, which the person claims to own, marked contrary to this subsection unless they were bought in market or of a stranger;
t. Abandon a domesticated animal in a manner other than as provided pursuant to subparagraph (c) of paragraph (2) of subsection a. of this section, or subsection k. of this section;
u. For amusement or gain, cause, allow, or permit the fighting or baiting of a living animal or creature;
v. Own, possess, keep, train, promote, purchase, or knowingly sell a living animal or creature for the purpose of fighting or baiting that animal or creature;
w. Gamble on the outcome of a fight involving a living animal or creature;
x. Knowingly sell or barter or offer for sale or barter, at wholesale or retail, the fur or hair of a domestic dog or cat or any product made in whole or in part from the fur or hair of a domestic dog or cat, unless such fur or hair for sale or barter is from a commercial grooming establishment or a veterinary office or clinic or is for use for scientific research;
y. Knowingly sell or barter or offer for sale or barter, at wholesale or retail, for human consumption, the flesh of a domestic dog or cat or any product made in whole or in part from the flesh of a domestic dog or cat;
z. Surgically debark or silence a dog in violation of section 1 or 2 of P.L.2002, c.102 (C.4:19-38 or C.4:19-39);
aa. Use a live pigeon, fowl or other bird for the purpose of a target, or to be shot at either for amusement or as a test of skill in marksmanship, except that this subsection and subsections bb. and cc. shall not apply to the shooting of game;
bb. Shoot at a bird used as described in subsection aa. of this section, or is a party to such shooting; or
cc. Lease a building, room, field or premises, or knowingly permit the use thereof for the purposes of subsection aa. or bb. of this section --
Shall forfeit and pay a sum according to the following schedule, to be sued for and recovered, with costs, in a civil action by any person in the name of the New Jersey Society for the Prevention of Cruelty to Animals or a county society for the prevention of cruelty to animals, as appropriate, or, in the name of the municipality if brought by a certified animal control officer or animal cruelty investigator:
For a violation of subsection e., f., g., u., v., w., or z. of this section or of paragraph (3) of subsection a. of this section, or for a second or subsequent violation of any subparagraph of paragraph (2) of subsection a. of this section, a sum of not less than $3,000 nor more than $5,000;
For a violation of subsection l. of this section or for a first violation of any subparagraph of paragraph (2) of subsection a. of this section, a sum of not less than $1,000 nor more than $3,000;
For a violation of subsection x. or y. of this section, a sum of not less than $500 nor more than $1,000 for each domestic dog or cat fur or fur or hair product or domestic dog or cat carcass or meat product;
For a violation of subsection k. or t. of this section, a sum of not less than $500 nor more than $1,000, but if the violation occurs on or near a highway, a mandatory sum of $1,000;
For a violation of subsection c., d., h., j., [k.,] aa., bb., or cc. of this section or of paragraph (1) of subsection a. of this section, a sum of not less than $250 nor more than $1,000; and
For a violation of subsection i., m., n., o., p., q., r., or s. of this section, a sum of not less than $250 nor more than $500.
(cf: P.L.2005, c.372, s.16)
5. Section 1 of P.L.1995, c.255 (C.4:22‑26.1) is amended to read as follows:
1. [An] a. A humane law enforcement officer or agent of the New Jersey Society for the Prevention of Cruelty to Animals or a county society for the prevention of cruelty to animals, or a certified animal control officer, may petition [a court of competent jurisdiction] the Superior Court or a municipal court, as appropriate, to have any animal confiscated [and forfeited] that is believed to be abandoned or in danger of physical harm or severe neglect, or that is owned or possessed by a person [at] charged with an animal cruelty violation. The animal shall be held in temporary housing, pending the disposition of an alleged animal cruelty violation pursuant to 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, or seizures pursuant to R.S.4:22-50 or R.S.4:22-52, or a determination pursuant to subsection b. of this section. Upon adjudication of the pending disposition, the court shall order the proper disposition of the animal.
b. Whenever an animal is taken into custody because it is believed to be abandoned, or to be in danger of physical harm or severe neglect in a location outside of the control of the owner or the caretaker of the domesticated animal other than the property of the owner or the caretaker, the court shall determine as soon as practicable if the animal is abandoned and the owner cannot be located or the owner is relinquishing interest in owning or providing for the animal.
c. Upon a determination pursuant to subsection b. of this section, the court shall order the animal forfeited by any previous owner and shall order the animal to be offered for adoption or sale, or other proper disposition of the animal.
d. At the time the person is found to be guilty of 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, the humane law enforcement officer or agent of the New Jersey Society for the Prevention of Cruelty to Animals or a county society for the prevention of cruelty to animals, or a certified animal control officer, may petition the Superior Court to have any and all animals confiscated pursuant to subsection a. of this section forfeited and the court shall address proper disposition of each animal. Upon a finding that the continued possession by that person poses a threat to the [animal's] welfare of the animal, the court may, in addition to any other penalty that may be imposed for a violation of 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, adjudge an animal forfeited for such disposition as the court deems appropriate.
e. The court shall order reimbursement of all expenses incurred pursuant to section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill).
f. The adjudication of offenses pursuant to this section and proper disposition of any animal involved shall occur no later than 90 days after the date on which the animal was placed in temporary housing pending disposition of the case.
g. Prior to euthanizing an animal returned to temporary housing after adjudication of the case pursuant to this section, the person providing the temporary housing shall notify the court and the court may order alternative disposition of the animal.
(cf: P.L.1995, c.255, s.1)
6. (New section) a. In addition to any action brought pursuant to R.S.4:22-26, an action may be brought:
(1) in Superior Court or a municipal court, as appropriate, against a person found liable for a civil penalty pursuant to R.S.4:22-26 for an animal cruelty offense other than abandonment, to confiscate any animal in the person's possession; or
(2) in Superior Court against the person found liable for a civil penalty pursuant to R.S.4:22-26 for abandoning an animal, to forfeit the abandoned animal.
b. Pending the resolution of the action brought pursuant to subsection a. of this section, the court may confiscate any animal and order custody and care of any animal to be assigned to an appropriate person, organization, or entity. When the court orders a defendant to forfeit possession of an animal, the court may further order that all rights to possess the animal be given over to an appropriate person or agency demonstrating a willingness to accept and care for the animal or to an appropriate animal care agency for further disposition in accordance with accepted practices for humane treatment of animals. The court may also order forfeiture of other animals owned by, or in the possession of, the defendant, and that all rights to possess any such animal be given over to an appropriate person, organization, or entity.
c. Except in cases of extreme financial hardship, the court shall require a person subject to forfeiture of an animal pursuant to this section or chapter 22 of Title 4 of the Revised Statutes to post a bond or make other appropriate financial arrangements to pay for the cost of caring for the animal while it is held at a kennel, shelter, pound, animal rescue organization facility, or other facility for the temporary care and housing of animals, including the cost of any veterinary care addressing any bodily injury caused by the violation that resulted in the forfeiture of the animal.
d. The court may also order restrictions on the ownership of an animal by a person found liable for civil penalties pursuant to R.S.4:22-26, including, but not limited to, imposing a prohibition from ownership or care of an animal for a period of time or permanent prohibition from owning or caring for any animal for the natural life of the person.
7. (New section) a. In addition to the provisions of section 16 of P.L.1941, c.151 (C.4:19-15.16), a certified animal control officer, duly authorized to enforce animal cruelty laws on behalf of the municipality pursuant to section 4 of P.L.1983, c.525 (C.4:19-15.16b) and section 5 of P.L.1997, c.247 (C.4:19-15.16c), or an agent or humane law enforcement officer of the New Jersey Society for the Prevention of Cruelty to Animals, enforcing animal cruelty laws in accordance with the authority established pursuant to sections 4 and 7 of P.L.2005, c.372 (C.4:22-11.4 and 4:22-11.7), shall immediately:
(1) take into custody any domesticated animal that the certified animal control officer or the agent or humane law enforcement officer reasonably believes to be abandoned, or to be in danger of physical harm or severe neglect in a location outside of the control of the owner or the caretaker of the domesticated animal, other than the property of the owner or the caretaker;
(2) place the domesticated animal in temporary housing pending adjudication pursuant to section 1 of P.L.1995, c.255 (C.4:22‑26.1) or section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill); and
(3) initiate forfeiture proceedings pursuant to that section of law.
b. If the domesticated animal is injured or in a condition requiring veterinary care, the certified animal control officer or the humane law enforcement officer shall ensure that such care is provided in the temporary housing as soon as necessary or possible.
8. This act shall take effect immediately.
STATEMENT
This bill revises confiscation, impoundment, and forfeiture procedures for an animal abandoned by its owner or seized from an abusing owner. The bill increases the penalty for abandonment to a crime of the fourth degree, and provides that leaving a domesticated animal without care from the owner or a designated care provider, or in any location other than the premises owned and occupied by the owner of the domesticated animal or by the designated care provider, constitutes abandonment. The bill also provides for court determination of abandonment, forfeiture proceedings upon such determination, and temporary housing of the animal until proper disposition has been determined, and applies these proceedings to civil actions as well as criminal violations.
