New Jersey-2010-A473-Introduced

An Act concerning cruelty to animals, creating the offense of animal incapacitation, supplementing Title 2C of the New Jersey Statutes, and amending R.S.4:22-17.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. (New section) a. A person is guilty of the crime of animal incapacitation if the person, acting either alone or with one or more other persons, is engaged in the commission of, or an attempt to commit, or flight after committing or attempting to commit, a crime specified in chapters 11 through 18 of Title 2C of the New Jersey Statutes and in the course of such crime or of immediate flight therefrom, any person causes the death of, or serious bodily injury to, an animal, except as otherwise authorized under R.S.4:22-16 or section 1 of P.L.1995, c.311 (C.4:22-16.1).

b. A violation of this section is a crime of the third degree if the defendant purposely committed the act of animal incapacitation or if the act of animal incapacitation results in the death of an animal. Otherwise, it is a crime of the fourth degree.

c. Notwithstanding the provisions of N.J.S.2C:1-8 or any other law, a conviction of animal incapacitation under this section shall not merge with a conviction of any other offense, including but not limited to any of the underlying offenses referred to in subsection a. of this section, nor shall any such other conviction merge with a conviction for animal incapacitation. The court shall impose separate sentences upon each violation of this section and any other offense.

d. Nothing contained in this section shall be deemed to preclude, if the evidence so warrants, an indictment and conviction for animal cruelty under the provisions of R.S.4:22-17 or any other law.

e. For the purposes of this section:

"Animal" means the same as that term is defined in R.S.4:22-15; and

"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.

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 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; or

(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 --

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] been convicted previously of a violation of any provision of chapter 22 of Title 4 of the Revised Statutes or P.L.2002, c.102 (C.4:19-38 et seq.), 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) 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) 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. This act shall take effect immediately.

STATEMENT

This bill creates the new criminal offense of animal incapacitation and increases and revises certain animal cruelty penalties.

Under the bill, a person would be guilty of the crime of animal incapacitation if the person, acting either alone or with one or more other persons, is engaged in the commission of, or an attempt to commit, or flight after committing or attempting to commit, a crime specified in chapters 11 through 18 of Title 2C of the New Jersey Statutes and in the course of such crime or of immediate flight therefrom, any person causes the death of, or serious bodily injury to, an animal, except as otherwise authorized under R.S.4:22-16 (which delineates certain exceptions to the animal cruelty laws) or section 1 of P.L.1995, c.311 (C.4:22-16.1) (standards for humane treatment of domestic livestock). This offense would be a crime of the third degree if the defendant purposely committed the act of animal incapacitation or if the act of animal incapacitation results in the death of an animal. Otherwise, it would be a crime of the fourth degree. The violator could also face possible additional criminal prosecution and civil penalty liability under the animal cruelty laws of the State.

The bill also broadens the possible number of animal cruelty offenses for which a prior conviction would cause a defendant to face prosecution for a third degree crime (instead of for a fourth degree crime) for commission of certain forms of animal cruelty.