Bill Text: NJ A3162 | 2016-2017 | Regular Session | Introduced
Bill Title: Revises animal cruelty offenses involving neglect, care and euthanasia of impounded animals, and the penalties therefor.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2016-02-22 - Introduced, Referred to Assembly Agriculture and Natural Resources Committee [A3162 Detail]
Download: New_Jersey-2016-A3162-Introduced.html
Sponsored by:
Assemblyman BOB ANDRZEJCZAK
District 1 (Atlantic, Cape May and Cumberland)
Assemblyman R. BRUCE LAND
District 1 (Atlantic, Cape May and Cumberland)
SYNOPSIS
Revises animal cruelty offenses involving neglect, care and euthanasia of impounded animals, and the penalties therefor.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning animal cruelty, neglect of animals, the care and euthanasia of impounded animals, and amending, supplementing, and repealing various parts of statutory law.
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 cruelty investigator" means a person 18 years of age or older who is a certified animal control officer who has satisfactorily completed a course of study on animal cruelty investigation approved by the Commissioner of Health and Senior Services and the Police Training Commission, in consultation with the New Jersey Animal Control Officers Association, and properly authorized by the governing body of a municipality to be an animal cruelty investigator.
"Bait" means to provoke or harass an animal with the purpose of causing the animal to attack something, a person, or another animal, or to do so with the purpose of training an animal for, or to cause an animal to engage in, a fight with or among other animals.
"Bodily injury" means physical pain, illness or any impairment of physical condition.
"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.
"Domestic livestock" means "domestic livestock" as defined pursuant to section 1 of P.L.1995, c.311 (C.4:22-16.1).
"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.
"Euthanasia" means the act of inducing painless death.
"Euthanize" means the application of euthanasia to an animal.
"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).
"Intimate parts" means the following body parts: sexual organs, genital area, anal area, inner thigh, groin, buttock, or breast.
"Necessary care" means care sufficient to preserve the health and well-being of an animal, and except for emergencies or circumstances beyond the reasonable control of the person responsible for the care of the animal, includes, but is not limited to: (1) food of sufficient quantity and quality to allow for normal growth or maintenance of body weight; (2) open or adequate access to drinkable water of an appropriate temperature in sufficient quantity and quality to satisfy the animal's needs; (3) access to adequate protection from the weather [; and], including access to an enclosed non-hazardous structure sufficient to protect the animal from the weather that has adequate bedding to protect against cold and dampness, and adequate protection from extreme or excessive sunlight and from overexposure to the sun, heat and other weather conditions; (4) veterinary care deemed necessary by a reasonably prudent person to prevent or relieve injury, neglect or disease, alleviate suffering, and maintain health; and (5) reasonable access to a clean and adequate exercise area.
"Overwork" means knowingly overdrive, overload, drive when overloaded, or otherwise subject an animal to work beyond its ability to work without bodily injury, or causing or procuring such acts to be done.
"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.] of an animal" or "owner of the animal" 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.
"Person" means "person" as defined under subsection g. of N.J.S.2C:1-14.
"Possession" means having physical custody of, having legal custody over, being in charge of, or having physical control over an animal, whether temporarily or as an owner of the animal, or a building, premises, or other real property.
"Serious bodily injury" means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
(cf: P.L.2013, c.88, s.1)
2. The title to part B of article 2 of chapter 22 of Title 4 of the Revised Statutes is amended to read as follows:
B. [MISDEMEANORS AND FINES] CRIMINAL OFFENSES AND PENALTIES; PROHIBITED METHODS FOR DESTRUCTION OF ANIMALS.
(cf: Title, part B, article 2, chapter 22, Title 4 of the Revised Statutes)
3. R.S.4:22-17 is amended to read as follows:
4:22-17. a. It shall be unlawful to:
(1) Overdrive, overload, drive when overloaded, overwork, 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 of the acts described in paragraph (1) of this subsection to be done;
(3) 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 leave the living animal or creature unattended in a vehicle under inhumane conditions adverse to the health or welfare of the living animal or creature; or
(4) Fail, as the owner or as a person otherwise charged with the care of a living animal or creature, to provide the living animal or creature with necessary care].
b. (1) A person who violates subsection a. of this section shall be guilty of a disorderly persons offense. Notwithstanding the provisions of N.J.S.2C:43-3 to the contrary, for every conviction of an offense pursuant to paragraph (1) [or], (2), or (3) of subsection a. of this section, the person 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[; and for every conviction of an offense pursuant to paragraph (3) or (4) of subsection a. of this section, the person shall be fined not less than $500 nor more than $2,000, or be imprisoned for a term of not more than six months, or both, in the discretion of the court].
(2) If the person who violates subsection a. of this section has a prior conviction for an offense that would constitute a violation of subsection a. of this section, the person shall be guilty of a crime of the fourth degree.
(3) A person who violates subsection a. of this section shall also be subject to the provisions of subsections e. and f. and, if appropriate, subsection g., of this section.
c. It shall be unlawful to purposely, knowingly, or recklessly:
(1) Torment, torture, maim, hang, poison, unnecessarily or cruelly beat, cruelly abuse, or needlessly mutilate a living animal [or creature];
(2) [Cause bodily injury to a living animal or creature by failing to provide the living animal or creature with necessary care, whether as the owner or as a person otherwise charged with the care of the living animal or creature;
(3)] Cause or procure an act described in paragraph (1) or (2) of this subsection to be done, by any direct or indirect means, including but not limited to through the use of another living animal [or creature]; or
[(4)] (3) Use, or cause or procure the use of, an animal [or creature] in any kind of sexual manner or initiate any kind of sexual contact with the animal [or creature], including, but not limited to, sodomizing the animal [or creature]. As used in this paragraph, "sexual contact" means any contact between a person and an animal by penetration of the penis or a foreign object into the vagina or anus, contact between the mouth and genitalia, or by contact between the genitalia of one and the genitalia or anus of the other. This term does not include any medical procedure performed by a licensed veterinarian practicing veterinary medicine or an accepted animal husbandry practice.
d. (1) A person who violates paragraph (1), (2), or (3) [or (4)] of subsection c. of this section shall be guilty of a crime of the fourth degree, except that the person shall be guilty of a crime of the third degree if:
(a) the animal [or creature] dies as a result of the violation;
(b) the animal [or creature] suffers serious bodily injury as a result of the violation; or
(c) the person has a prior conviction for an offense that would constitute a violation of paragraph (1), (2), or (3) [or (4)] of subsection c. of this section.
(2) A person who violates any provision of subsection c. of this section shall also be subject to the provisions of subsections e. and f. and, if appropriate, subsection g., of this section.
e. For a violation 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 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.
f. The court also shall require any violator of this section to pay restitution, including but not limited to, the monetary cost of replacing the animal if the animal died or had to be euthanized because of the extent of the animal's injuries, or otherwise reimburse any costs for food, drink, shelter, or veterinary care or treatment, or other costs, incurred by the owner of the animal, if the owner is not the person committing the act of cruelty, or 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 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, a local or State governmental entity, or a kennel, shelter, pound, or other facility providing for the shelter and care of the animal or animals involved in the violation.
g. The court shall also order any person found guilty of a violation of subsection c. of this section 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. The cost of the mental health counseling shall be paid by the person found guilty of the offense or liable for the penalty.
If a juvenile is adjudicated delinquent for an act which, if committed by an adult, would constitute a disorderly persons offense, crime of the fourth degree, or crime of the third degree pursuant to 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. The court shall order the parents or other legal guardian of the juvenile to pay the cost of any mental health counseling ordered by the court pursuant to this subsection.
h. In addition to any other penalty or penalties imposed pursuant to this section, the court may order a person found guilty of a violation of chapter 22 of Title 4 of the Revised Statutes to forfeit the possession of any animal that was the subject of the committed offense, and may order custody and care of the animal assigned to an appropriate person, agency, 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, agency, organization, or entity 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 animals be given over to an appropriate person, organization, or entity.
i. Except in cases of extreme financial hardship, the court shall require a person subject to forfeiture of an animal, pursuant to subsection e. of this section or other provisions of 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, 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 of chapter 22 of Title 4 of the Revised Statutes that resulted in the forfeiture of the animal.
j. The court may order restrictions on the ownership of an animal by a person found guilty of any violation of chapter 22 of Title 4 of the Revised Statutes, 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 life of the person.
(cf: P.L.2015, c.133, s.1)
4. (New section) a. (1) A person is guilty of animal neglect if the person purposely, knowingly or recklessly fails to provide necessary care to an animal for which the person is the owner or caretaker, including but not limited to, leaving an animal unattended in a vehicle under inhumane conditions adverse to the health or welfare of the animal.
(2) A person is guilty of aggravated animal neglect if the person purposely, knowingly or recklessly fails to provide necessary care to an animal for which the person is the owner or caretaker, and the animal dies as a result of the failure to provide necessary care.
(3) A person is guilty of extreme animal neglect if the person purposely, knowingly, or recklessly fails to provide necessary care to an animal for which the person is the owner or caretaker, for a period of time and to a degree that results in a significant negative impact on the health and well-being of the animal, as evidenced by severe undernourishment, emaciation, or other manifest severe deterioration in the physical condition of the animal, regardless of whether the animal dies as a result of the failure to provide necessary care.
Animal neglect is a disorderly persons offense; aggravated animal neglect is a crime of the fourth degree; and extreme animal neglect is a crime of the third degree.
b. For the purposes of subsection a. of this section, the owner or operator of a kennel, pet shop, shelter, or pound defined and licensed pursuant to P.L.1941, c.151 (C.4:19-15.1 et seq.) and any employee or member of the staff of such a kennel, pet shop, shelter or pound shall be deemed an owner or a caretaker of any animal in the kennel, pet shop, shelter, or pound, as applicable. Failure of such an owner or caretaker at a shelter or a pound to provide necessary care concerning veterinary care or reasonable access to a clean and adequate exercise area shall not constitute a violation pursuant to subsection a. of this section if the owner or caretaker:
(1) has provided all other aspects of necessary care as defined pursuant to R.S.4:22-15; and
(2) has complied with the rules and regulations adopted pursuant 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.
5. (New section) a. In addition to imposing any other appropriate penalties established for an offense pursuant to Title 2C of the New Jersey Statutes or chapter 22 of Title 4 of the Revised Statutes, the court:
(1) shall impose on a person convicted of an animal cruelty criminal offense in violation of chapter 19 or 22 of Title 4 of the Revised Statutes, in addition to any sentenced term of imprisonment, an additional term of community service of up to 30 days;
(2) may direct that the term of community service imposed pursuant to paragraph (1) of this subsection be served by providing assistance to the New Jersey Society for the Prevention of Cruelty to Animals, a 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, provided that the organization or municipality, as the case may be, consents to the placement of the violator and conditions for the placement are established to ensure that the service is appropriately supervised and that no animals are placed at risk by the violator's service; and
(3) 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 the owner of the animal, if the owner is not the person committing the act of cruelty, to any individual, agency, entity, or organization bearing such costs or investigating the violation, including, but not limited to, the New Jersey Society for the Prevention of Cruelty to Animals, a 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, a local or State governmental entity, or a kennel, shelter, pound, or the facility providing for the shelter and care of the animal or animals involved in the violation.
b. The court also:
(1) shall order any person found guilty of a violation of section 6 of P.L. , c. (C. ) (pending before the Legislature as Assembly Bill No. 3903 of 2012-2013 or Senate Bill No. of 2012-2013) 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;
(2) shall order a juvenile adjudicated delinquent for an act which, if committed by an adult, would constitute a disorderly persons offense, crime of the fourth degree, or crime of the third degree pursuant to chapter 19 or 22 of Title 4 of the Revised Statutes, 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; and
(3) shall order the cost of the mental health counseling to be paid by the person found guilty of the offense, or in the case of a juvenile, the parents or other legal guardian of the juvenile.
c. In addition to any other penalty or penalties imposed, the court may order a person found guilty of a violation of chapter 22 of Title 4 of the Revised Statutes to forfeit the possession of any animal that was the subject of the committed offense, and may order custody and care of the animal assigned to an appropriate person, agency, 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, agency, organization, or entity 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 animals be given over to an appropriate person, organization, or entity.
d. Except in cases of extreme financial hardship, the court shall require a person subject to forfeiture of an animal, pursuant to subsection e. of this section or other provisions of 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, 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 of chapter 22 of Title 4 of the Revised Statutes that resulted in the forfeiture of the animal.
e. The court may order restrictions on the ownership of an animal by a person found guilty of any violation of chapter 22 of Title 4 of the Revised Statutes, 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 life of the person.
6. Section 14 of P.L.1941, c.151 (C.4:19-15.14) is amended to read as follows:
14. a. The [State] Department of Health shall, within six months [of] after the approval of [this act] P.L.1941, c.151 (C.4:19-15.1 et seq.) and with the [co-operation] cooperation and assistance of the [State] Department of Agriculture, prepare and promulgate rules and regulations governing the sanitary conduct and operation of kennels, pet shops, shelters and pounds, to preserve sanitation therein and prevent the spread of rabies and other diseases of dogs within and from such establishments.
[Such] b. No later than 180 days after the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), the Department of Health shall revise the rules and regulations promulgated pursuant to subsection a. of this section, or any subsequent revisions thereof, to comply with the provisions of section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), if the Department of Health determines it is necessary.
The provisions of the rules and regulations promulgated pursuant to subsection a. of this section, or any subsequent revisions thereof, need not comply with the provisions of section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), with respect to requiring veterinary care designed to prevent or relieve injury, neglect or disease or requiring reasonable access to a clean and adequate exercise area as specified under the definition of necessary care established pursuant to R.S.4:22-15. The Department of Health shall require kennels, pet shops, shelters and pounds to provide prompt, basic veterinary care and, to the extent possible as determined by the department, appropriate exercise or appropriate access to an exercise area.
c. The rules and regulations adopted pursuant to subsections a. and b. of this section shall be enforced by the [State] Department of Health [and by], local boards of health, and local health agencies.
(cf: P.L.1941, c.151, s.14)
7. R.S.4:22-19 is amended to read as follows:
4:22-19. a. A person who [shall :
a. Impound or confine, or cause] impounds or confines an animal, or causes an animal to be impounded or confined, in a kennel, pet shop, shelter, pound, or other place for impoundment, confinement, or holding of animals, [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; or
b. Destroy or cause] who destroys the animal or causes the animal to be destroyed [any such animal] by hypoxia induced by decompression or [in any other manner] any other means , by the administration of a lethal gas other than an inhalant anesthetic, or in any other manner except by a method of euthanasia generally accepted by the veterinary medical profession as being reliable, appropriate to the type of animal upon which it is to be employed, and capable of producing loss of consciousness and death as rapidly and painlessly as possible for [such] the animal, shall [, in the case of a violation of subsection a.,] be guilty of a disorderly persons offense [and shall be punished as provided in subsection a. of R.S.4:22-17; or, in the case of a violation of subsection b., be subject to a penalty of $25 for the first offense and $50 for each subsequent offense. Each animal destroyed in violation of subsection b. shall constitute a separate offense. The penalty shall be collected in accordance with the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.) and all money collected shall be remitted to the State.
This]. Notwithstanding the provisions of N.J.S.2C:43-3 to the contrary, any person found guilty of such an offense, for every such offense, shall be subject to a fine of not less than $500 nor more than $2,500, or a term of imprisonment of not more than six months, or both, in the discretion of the court. Each animal involved in the violation shall constitute a separate and distinct offense.
b. For any violation of subsection a. of this section, in addition to imposing any other appropriate penalties established for a disorderly persons offense pursuant to Title 2C of the New Jersey Statutes, the court shall impose a term of community service of up to 30 days. The court also may require the violator to pay restitution to the owner of the animal, if known or identified, or otherwise reimburse any costs for food, drink, shelter, or veterinary care or treatment, or other costs, incurred by any agency, entity, or organization responding to, or investigating, the violation, including but not limited to the New Jersey Society for the Prevention of Cruelty to Animals, a 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.
c. Notwithstanding any other provision of law, or rule or regulation adopted pursuant thereto, to the contrary, this section shall apply to any facility which holds, impounds or confines animals, including, but not limited to:
(1) kennels, pet shops, shelters and pounds as defined and licensed pursuant to P.L.1941, c.151 (C.4:19-15.1 et seq.); [to pounds] and;
(2) holding areas, impounding services, or any places of confinement that are contracted, owned [and] , operated, or otherwise used by municipalities, counties, law enforcement officers or agencies, or regional governmental authorities [; and to every contractual warden or impounding service, any provision to the contrary in this title notwithstanding] for the holding, impoundment, or confinement of animals.
(cf: P.L.2001, c.229, s.3)
8. R.S.4:22-24 is amended to read as follows:
4:22-24. a. A person who shall:
[a.] (1) Keep, use, be connected with or interested in the management of, or receive money for the admission of a person to, a place kept or used for the purpose of fighting or baiting a living animal [or creature];
[b.] (2) Be present and witness, pay admission to, encourage or assist therein;
[c.] (3) Permit or suffer a place owned or controlled by him to be so used;
[d.] (4) For amusement or gain, cause, allow, or permit the fighting or baiting of a living animal [or creature];
[e.] (5) 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]; or
[f.] (6) Gamble on the outcome of a fight involving a living animal [or creature] --
Shall be guilty of a crime of the third degree.
b. In addition to imposing any other appropriate penalties established for a crime of the third degree pursuant to Title 2C of the New Jersey Statutes, the court shall also order any person found guilty of a violation of this section 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. The cost of the mental health counseling shall be paid by the person found guilty of the offense or liable for the penalty.
If a juvenile is adjudicated delinquent for an act pursuant to 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. The court shall order the parents or other legal guardian of the juvenile to pay the cost of any mental health counseling ordered by the court pursuant to this subsection.
c. For the purposes of this section "bait" means to attack with violence, to provoke, or to harass an animal with one or more animals for the purpose of training the animal for, or to cause an animal to engage in, a fight with or among other animals.
(c.f.: P.L.2015, c.85, s.4)
9. The title to part C of article 2 of chapter 22 of Title 4 of the Revised Statutes is amended to read as follows:
C. CIVIL PENALTIES; RECOVERY.
(cf: Title, part C, article 2, chapter 22, Title 4 of the Revised Statutes)
10. 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, 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) Torment, torture, maim, hang, poison, unnecessarily or cruelly beat, cruelly abuse, or needlessly mutilate 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;
(3) Cause the death of, or serious bodily injury to, a living animal [or creature] from commission of any act described in paragraph (2), (4), (5), or (6) of this subsection, by any direct or indirect means, including but not limited to through the use of another living animal [or creature], or otherwise cause or procure any such acts to be done;
(4) Fail, as the owner or [a person otherwise charged with the care] caretaker of a living animal [or creature], to provide the living animal or creature with necessary care, or otherwise cause or procure such an act to be done[; or] , including but not limited to, leaving an animal unattended in a vehicle under inhumane conditions adverse to the health or welfare of the animal;
(5) Cause bodily injury to a living animal [or creature] from commission of the act described in paragraph (4) of this subsection; or
(6) Fail to provide necessary care to an animal for which the person is the owner or caretaker, for a period of time and to a degree that results in a significant negative impact on the health and well-being of the animal, as evidenced by severe undernourishment, emaciation, or other manifest severe deterioration in physical condition of the animal, regardless of whether the animal dies as a result;
b. (Deleted by amendment, P.L.2003, c.232)
c. 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 leave the living animal [or creature] 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] the person 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;] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
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;
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. (1) 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;
(2) Knowingly slaughter a horse for human consumption;
(3) Knowingly sell or barter, or offer for sale or barter, at wholesale or retail, for human consumption, the flesh of a horse, or any product made in whole or in part from the flesh of a horse, or knowingly accept or publish newspaper advertising that includes the offering for sale, trade, or distribution of any such item for human consumption;
(4) Knowingly transport a horse for the purpose of slaughter for human consumption;
(5) Knowingly transport horsemeat, or any product made in whole or in part from the flesh of a horse, for the purpose of human consumption;
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 paragraph (2) or (5) 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, for a first violation of paragraph (2) or (5) of subsection a. of this section, a sum of not less than $1,000 nor more than $3,000;
For a violation of paragraph (4) of subsection a. of this section, or subsection c. of this section, a sum of not less than $500 nor more than $2,000;
For a violation of subsection x. or paragraph (1) of subsection 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 sold, bartered, or offered for sale or barter;
For a violation of paragraph (2), (3), (4), or (5) of subsection y. of this section, a sum of not less than $500 nor more than $1,000 for each horse slaughtered or transported for the purpose of slaughter for human consumption, or for each horse carcass or meat product transported, sold or bartered, or offered or advertised for sale or barter;
For a violation of subsection 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 d., h., [j.,] k., aa., bb., or cc. of this section or of paragraph (1) or (4) of subsection a. of this section, a sum of not less than [$250] $500 nor more than [$1,000] $2,500; 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.
In addition to the civil penalties assessed pursuant to this section, the court shall order any person found civilly liable for a penalty of more than $1,000 to receive mental health counseling by a licensed psychologist or therapist named by the court, and may, in its discretion, order such counseling for a person found civilly liable for any penalty pursuant to this section, for a period of time to be prescribed by the licensed psychologist or therapist. The cost of any mental health counseling ordered pursuant to this section shall be paid by the person found civilly liable for a penalty pursuant to this section.
(cf: P.L.2013, c.88, s.3)
11. Section 1 of P.L.1995, c.255 (C.4:22‑26.1) is amended to read as follows:
1. [An] A humane law enforcement officer or an agent of the New Jersey Society for the Prevention of Cruelty to Animals or a county society for the prevention of cruelty to animals, an animal cruelty investigator, 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] , pending the disposition of an alleged animal cruelty violation, any animal that is owned or possessed by a person charged with the animal cruelty violation, and have the animal forfeited at the time the person is found to be guilty of, or civilly liable for, 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] any animal cruelty provision of chapter 19 or 22 of Title 4 of the Revised Statutes.
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] chapter 19 or 22 of Title 4 of the Revised Statutes, adjudge an animal forfeited for such disposition as the court deems appropriate.
(cf: P.L.1995, c.255, s.1)
12. R.S.4:22-51 is amended to read as follows:
4:22-51. When a living animal [or creature] is impounded or confined [as provided in section 4:22-19 of this title], and [shall continue to be without] is not provided necessary food and water for more than twelve successive hours, any person may, from time to time as often as is necessary, enter into or upon the [pound in which] kennel, shelter, or pound where the animal [or creature] is impounded or confined and supply it with necessary food and water so long as it shall remain impounded or confined. Such person shall not be liable to an action for such entry.
The actual cost of the food, water and bedding provided, [together with] and an additional amount of twenty [per cent additional] percent of that cost, may be collected by [such] the person providing the food, water, and bedding from the owner of the animal [or creature] in an action at law[, together with costs, and the] . The animal [or creature] shall not be exempt from levy and sale upon [an execution issued upon] the issuance of a judgment therefor.
(cf: R.S.4:22-51)
13. R.S.4:22-17 is hereby repealed.
14. (New section) Notwithstanding the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) to the contrary, any violations or offenses committed, or in the process of being adjudicated, under R.S.4:22-17 on or before the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), shall be adjudicated pursuant to that law.
15. R.S.4:22-19 is hereby repealed.
16. (New section) Notwithstanding the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) to the contrary, any violations or offenses committed, or in the process of being adjudicated, under R.S.4:22-19 on or before the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), shall be adjudicated pursuant to that law.
17. This act shall take effect immediately, except that sections 5, 13, and 14 of this act shall not take effect until the date of enactment of P.L. , c. (C. ) (pending before the Legislature as Assembly Bill No. 3903 of 2012-2013 or Senate Bill No. of 2012-2013), and sections 15 and 16 shall not take effect until the date of enactment of P.L. , c. (C. ) (pending before the Legislature as Assembly Bill No. 3907 of 2012-2013 or Senate Bill No. of 2012-2013).
STATEMENT
The bill revises criminal animal cruelty offenses involving neglect, revises civil penalties for such offenses to reflect the revisions to criminal offenses, and directs the Department of Health to adopt regulations for kennels, pet shops, shelters, and pounds to comply with necessary care requirements established by the bill. The bill establishes the criminal offense of animal neglect as a disorderly persons offense, the criminal offense of aggravated neglect as a crime of the fourth degree, and extreme animal neglect as a crime of the third degree.
The bill provides that:
1) A person is guilty of animal neglect if the person purposely, knowingly or recklessly fails to provide necessary care to an animal for which the person is the owner or caretaker.
2) A person is guilty of aggravated animal neglect if the person purposely, knowingly or recklessly fails to provide necessary care to an animal for which the person is the owner or caretaker, and the animal dies as a result of the failure to provide necessary care.
3) A person is guilty of extreme animal neglect if the person purposely, knowingly, or recklessly fails to provide necessary care to an animal for which the person is the owner or caretaker, for a period of time and to a degree that results in a significant negative impact on the health and well-being of the animal, as evidenced by severe undernourishment, emaciation, or other manifest severe deterioration in the physical condition of the animal, regardless of whether the animal dies as a result of the failure to provide necessary care.
Animal neglect is a disorderly persons offense; aggravated animal neglect is a crime of the fourth degree; and extreme animal neglect is a crime of the third degree.
The bill further increases the penalties under current law for inhumanely destroying an animal to not less than $500 nor more than $2,500 for each animal. The bill also establishes required community service of 30 days for these offenses as well as restitution to the owner of care costs, to be ordered at the discretion of the court.
Finally, the bill provides for the court to order:
1) mental health counseling for adults and juveniles involvwed with animal fighting;
2) mental health counseling for certain other criminal animal cruelty offenders who are not juveniles and animal cruelty offenders found civilly liable for fines above $1,000;
3) forfeiture of animals and provision for the animal's custody and care; and
4) restrictions on ownership of animals, including possible lifetime prohibition against such ownership.
