Bill Text: NJ A852 | 2014-2015 | Regular Session | Introduced
Bill Title: Establishes criminal penalties for killing, injuring or interfering with a service animal or guide dog; designated as "Dusty's Law."
Spectrum: Slight Partisan Bill (Republican 10-5)
Status: (Failed) 2014-02-20 - Withdrawn from Consideration [A852 Detail]
Download: New_Jersey-2014-A852-Introduced.html
STATE OF NEW JERSEY
216th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION
Sponsored by:
Assemblyman CHARLES MAINOR
District 31 (Hudson)
Assemblyman JON M. BRAMNICK
District 21 (Morris, Somerset and Union)
Assemblywoman BETTYLOU DECROCE
District 26 (Essex, Morris and Passaic)
Assemblyman DANIEL R. BENSON
District 14 (Mercer and Middlesex)
Assemblyman SCOTT T. RUMANA
District 40 (Bergen, Essex, Morris and Passaic)
Co-Sponsored by:
Assemblyman A.M.Bucco, Assemblywomen Simon, Schepisi, Assemblymen Giblin, Space, Assemblywoman McHose, Assemblymen S.Kean, Singleton, McGuckin and Wilson
SYNOPSIS
Establishes criminal penalties for killing, injuring or interfering with a service animal or guide dog; designated as "Dusty's Law."
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning offenses against service animals and guide dogs, designated as "Dusty's Law," and supplementing Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Any person who recklessly kills a service animal or guide dog, or who recklessly permits a dog that the person owns or over which the person has immediate control, to injure or kill a service animal or guide dog, is guilty of a crime of the fourth degree.
b. Any person who recklessly injures a service animal or guide dog, or recklessly permits a dog that the person owns or over which the person has immediate control, to injure a service animal or guide dog, is guilty of a disorderly persons offense.
c. Any person who recklessly interferes with the use of a service animal or guide dog, or who recklessly permits a dog that the person owns or over which that person has immediate control, to interfere with a service animal or guide dog, by obstructing, intimidating, or otherwise jeopardizing the safety of that service animal or guide dog or its handler, is guilty of a petty disorderly persons offense.
d. A person who is convicted of a violation of this section, in addition to any other penalty, shall make full restitution for all damages that arise out of or are related to the offense, including incidental and consequential damages incurred by the handler of the service animal or guide dog. Restitution under this section shall include, but not be limited to:
(1) the value of the service animal or guide dog;
(2) replacement and training or retraining expenses for the service animal or guide dog and the handler;
(3) veterinary and other medical and boarding expenses for the service animal or guide dog;
(4) medical expenses for the handler; and
(5) lost wages or income incurred by the handler during any period that the handler is without the services of the service animal or guide dog.
e. As used in this section:
"Guide dog" shall mean a dog which has been or is being raised or trained to provide assistance to a blind or deaf person, including but not limited to a dog that has been or is being raised or trained by a volunteer puppy raiser or staff member of an organization generally recognized as being involved in the rehabilitation of the blind or deaf and reputable and competent to provide dogs with specialized training.
"Service animal" shall have the same meaning as set forth in the federal "Americans with Disabilities Act of 1990" (42 U.S.C. s.12101 et seq.) and any regulations under that act.
2. This act shall take effect immediately.
STATEMENT
This bill, to be known as "Dusty's Law," establishes criminal penalties for killing, injuring, or interfering with a service animal or guide dog.
Under the provisions of the bill, it is a crime of the fourth degree for a person to recklessly kill a service animal or guide dog, or to recklessly permit a dog that he or she owns or has immediate control over, to kill a service animal or guide dog. Fourth degree crimes are punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both.
A person who recklessly injures a service animal or guide dog, or recklessly permits a dog that he or she owns or has immediate control over, to injure a service animal or guide dog would be a disorderly person under the bill. Disorderly persons offenses are punishable by a term of imprisonment of up to six months, a fine of up to $1,000, or both.
A person who recklessly interferes with the use of a service animal or guide dog, or who recklessly permits a dog that he or she owns or over which he or she has immediate control to interfere with a guide dog, by obstructing, intimidating, or otherwise jeopardizing the safety of that service animal or guide dog or its handler is guilty of a petty disorderly persons offense. Petty disorderly persons offenses are punishable by a term of imprisonment of up to 30 days, a fine of up to $500, or both.
The bill also requires a person who recklessly kills, injures, or interferes with a service animal or guide dog to pay restitution. Restitution under the bill includes, but is not limited to, the value of the service animal or guide dog; replacement and training or retraining expenses for the service animal or guide dog and the handler; veterinary and other medical and boarding expenses for the service animal or guide dog; medical expenses for the handler; and lost wages or income incurred by the handler during any period that the handler is without the services of the service animal or guide dog.
A person acts "recklessly" with respect to a material element of an offense under this State's criminal code when he or she consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his or her conduct. The risk must be of such a nature and degree that, considering the nature and purpose of the person's conduct and the circumstances known to the person, its disregard involves a gross deviation from the standard of conduct that a reasonable person would observe in the person's situation.
The bill defines a "guide dog" as a dog or dog in training which has been or is being raised or trained to provide assistance to a blind or deaf person, including but not limited to a dog that has been or is being raised or trained by a volunteer puppy raiser or staff member of an organization generally recognized as being involved in the rehabilitation of the blind or deaf and reputable and competent to provide dogs with specialized training. The bill defines a "service animal" as any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. This is the definition of a service animal under the federal Americans with Disabilities Act.
