STATE OF NEW JERSEY
217th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Sponsored by:
Assemblyman TIM EUSTACE
District 38 (Bergen and Passaic)
SYNOPSIS
Revises criteria for determining whether dog is vicious or potentially dangerous.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning vicious dogs and potentially dangerous dogs, and amending P.L.1989, c.307.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 6 of P.L.1989, c.307 (C.4:19-22) is amended to read as follows:
6. a. The municipal court shall declare the dog vicious if it finds by clear and convincing evidence that the dog:
(1) killed a person or caused serious bodily injury as defined in N.J.S.2C:11-1(b) to a person; or
(2) has engaged in dog fighting activities as described in R.S.4:22-24 and R.S.4:22-26, and poses a threat of serious bodily injury or death to a person.
b. A dog shall not be declared vicious for inflicting death or serious bodily injury as defined in N.J.S.2C:11-1(b) upon a person if the dog was provoked. The municipality shall bear the burden of proof to demonstrate that the dog was not provoked.
c. If the municipal court declares a dog to be vicious, and no appeal is made of this ruling pursuant to section 9 of P.L.1989, c.307 (C.4:19-25), the dog shall be destroyed in a humane and expeditious manner, except that no dog may be destroyed during the pendency of an appeal.
(cf: P.L.1994, c.187, s.3)
2. Section 7 of P.L.1989, c.307 (C.4:19-23) is amended to read as follows:
7. a. The municipal court shall declare a dog to be potentially dangerous if it finds by clear and convincing evidence that the dog:
(1) caused bodily injury as defined in N.J.S.2C:11-1(a) to a person during an unprovoked attack, and poses a [serious] threat of serious bodily injury or death to a person, or
(2) severely injured or killed another domestic animal , or has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals, and
(a) poses a threat of serious bodily injury or death to a person; or
(b) poses a threat of death to another domestic animal [, or
(3) has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals].
b. A dog shall not be
declared potentially dangerous for:
(1) causing bodily injury as defined in N.J.S.2C:11-1(a) to a person if the dog was provoked, or
(2) severely injuring or killing a domestic animal if the domestic animal was the aggressor.
For the purposes of paragraph (1) of this subsection, the municipality shall bear the burden of proof to demonstrate that the dog was not provoked.
c. If a municipal court finds by clear and convincing evidence that a dog has engaged in dog fighting activities as described in R.S.4:22-24 and R.S.4:22-26 but does not meet the criteria to be declared vicious under paragraph (2) of section 6 of P.L.1989, c.307 (C.4:19-22), the court may declare the dog potentially dangerous or, alternatively, order disposition of the dog as provided pursuant to R.S.4:22-48.
(cf: P.L.2002, c.24, s.1)
3. This act shall take effect immediately.
STATEMENT
This bill revises the current requirement for a municipality to declare a dog vicious if the dog has engaged in dog fighting activities. Under the bill, before declaring a dog vicious, a municipal court would be required to find by clear and convincing evidence that a dog that has engaged in dog fighting activities also poses a threat of serious bodily injury or death to a person. Under current law, if a dog is declared vicious, it must be euthanized.
The bill also adds to the criteria for declaring a dog potentially dangerous. Under current law, a municipal court is required to declare a dog potentially dangerous if the court finds by clear and convincing evidence the dog has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals. This bill would require that in such situations the court also find that the dog: 1) poses a threat of serious bodily injury or death to a person; or 2) poses a threat of death to another domestic animal.
Finally, the bill provides that if a municipal court finds that a dog has engaged in dog fighting activities but does not meet the criteria to be declared vicious, the court may declare the dog potentially dangerous or, alternatively, order disposition of the dog as provided pursuant to R.S.4:22-48, the provision of law addressing disposition of animals seized in connection with animal fighting.