Bill Text: NJ S1258 | 2020-2021 | Regular Session | Introduced
Bill Title: Prohibits persons convicted of criminal animal cruelty offenses from owning domestic companion animals and from working or volunteering at animal-related enterprises; establishes presumption against pretrial intervention for certain persons; designated as "Moose's Law."
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Engrossed - Dead) 2020-07-02 - Received in the Assembly, Referred to Assembly Agriculture Committee [S1258 Detail]
Download: New_Jersey-2020-S1258-Introduced.html
Sponsored by:
Senator TROY SINGLETON
District 7 (Burlington)
SYNOPSIS
Prohibits persons convicted of criminal animal cruelty offenses from owning domestic companion animals and from working or volunteering at animal-related enterprises; establishes presumption against pretrial intervention for certain persons; designated as "Moose's Law."
CURRENT VERSION OF TEXT
As introduced.
An Act concerning animal cruelty violators and their direct involvement with animals, the eligibility for pretrial intervention of persons accused of certain animal cruelty offenses, designated as "Moose's Law," supplementing Title 4 of the Revised Statutes, and amending P.L.1983, c.525 and N.J.S.2C:43-12.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
"Animal-related enterprise" means any for-profit or non-profit industry, business, enterprise, or endeavor that requires or involves hands-on contact or other direct interaction with animals, including, but not limited to: a zoo, aquarium, or other animal exhibition; an animal care or veterinary operation; an animal training operation; an animal breeding operation; an animal shelter or pound; an animal kennel or boarding operation; a pet shop; an animal adoption or sales service; or an animal transport service.
"Commissioner" means the Commissioner of Health.
"Criminal animal cruelty offense" means, in New Jersey, any crime or disorderly persons offense under chapter 22 of Title 4 of the Revised Statutes, P.L.2002, c.102 (C.4:19-38 et seq.), section 1 of P.L.1983, c.261 (C.2C:29-3.1); section 1 of P.L.2013, c.205 (C.2C:29-3.2), P.L.2015, c.85 (C.2C:33-31 et seq.), or R.S.39:4-23; or in any other state or jurisdiction, conduct which, if committed in New Jersey, would constitute a crime or disorderly persons offense under chapter 22 of Title 4 of the Revised Statutes, P.L.2002, c.102 (C.4:19-38 et seq.), section 1 of P.L.1983, c.261 (C.2C:29-3.1); section 1 of P.L.2013, c.205 (C.2C:29-3.2), P.L.2015, c.85 (C.2C:33-31 et seq.), or R.S.39:4-23.
"Criminal background check" means a determination of whether a person has a criminal record by cross-referencing that person's name with an appropriate database or compilation of records, whether performed through a State department or agency, privately by the owner or operator of an animal-related enterprise, or by other means. "Criminal background check" includes any criminal history record background check provided pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill).
"Employ" means to use the services of a person, or to hire a person for paid work.
"Existing employee" means a person who is employed by an animal-related enterprise on the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill).
"Existing volunteer" means a person who is volunteering at an animal-related enterprise on the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill).
"Own" means to have a legal right of possession in, or any legal title to ownership of, an animal.
"Provisional employee" means a person who is employed by an animal-related enterprise on a provisional basis, in accordance with the provisions of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).
"Provisional volunteer" means a person who is volunteering at an animal-related enterprise on a provisional basis, in accordance with the provisions of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).
"Volunteer" means a person who is not an employee that provides services to an animal-related enterprise without expectation of compensation, and without coercion or intimidation to provide such services, or the act of providing such services on such a basis.
2. (New section) a. Except as otherwise provided by subsection d. of this section and section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill), no person who is convicted of a criminal animal cruelty offense shall:
(1) commence, operate, apply for employment, be employed, or volunteer at, or participate in any capacity in, an animal-related enterprise; or
(2) acquire, own, or reside with any animal for the period of time specified by the court pursuant to subsection c. of this section.
b. Any person who violates subsection a. of this section shall be guilty of a disorderly persons offense.
c. Upon a person's conviction for a criminal animal cruelty offense, the court may:
(1) order the forfeiture of any animal owned by the offender and the transfer of such animal to the custody of an animal shelter;
(2) order the offender to refrain from acquiring, owning, or residing with any animal for: (a) a period of not less than two years following the date of the offender's conviction for the present criminal animal cruelty offense, or following the date of the offender's release from incarceration for the present criminal animal cruelty offense, whichever is later; (b) the duration of the probationary period imposed by the court for the present criminal animal cruelty offense, if that period will last for two years or longer; or (c) any more extended period of time, which the court, in its discretion, determines to be appropriate based on the nature and severity of the criminal animal cruelty offense and the offender's prior history of animal cruelty offenses; and
(3) order the offender from commencing, operating, applying for employment or volunteering at, or participating in, an animal-related enterprise for a period of time, which the court, in its discretion, determines to be appropriate based on the nature and severity of the criminal animal cruelty offense and the offender's prior history of animal cruelty offenses.
d. The provisions of paragraph (1) of subsection a. of this section shall not apply to any person who engages in community service at an animal-related enterprise in compliance with a court order issued pursuant to R.S.4:22-17.
3. (New section) a. The owner or operator of an animal-related enterprise shall not employ, or allow to volunteer or participate in any animal-related activities, any person at the enterprise who has been convicted of a criminal animal cruelty offense. The owner or operator of the animal-related enterprise shall determine the person does not have such a conviction by:
(1) requesting and receiving in writing a determination by the Commissioner of Health that the person is not identified on the list, established pursuant to section 3 of P.L.1983, c.525 (C.4:19-15.16a), of persons who are ineligible to be certified animal control officers, or if the person is identified on the list, the person was not convicted of a criminal animal cruelty offense; and
(2) performing, having performed, or requesting pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill) the Commissioner of Health to perform, a criminal background check that confirms the existing employee, existing volunteer, provisional employee, or provisional volunteer has not been convicted of a criminal animal cruelty offense.
The owner or operator of the animal-related enterprise may determine the person's eligibility based on a criminal background check only, without waiting for the commissioner's action pursuant to paragraph (1) of this section, but shall complete the criminal background check for existing employees and existing volunteers no later than 90 days after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), and for a provisional employee or provisional volunteer no later than 90 days after receiving an application for employment or to volunteer.
b. Notwithstanding the provisions of this section to the contrary, an animal-related enterprise may provisionally employ a person or provisionally allow a person to volunteer for a period not exceeding 90 days, pending the results of the investigation and criminal background check pursuant to subsection a. of this section. Following confirmation that there is no record of the person being convicted of a criminal animal cruelty offense, the person may be employed or allowed to volunteer on an on-going basis.
c. No existing employee, existing volunteer, provisional employee, or provisional volunteer at an animal-related enterprise shall be left alone as the only person caring for an animal until the investigation and criminal background check pursuant to subsection a. of this section is complete and the results confirm that such person is not disqualified from employment or as a volunteer on the basis of a conviction for a criminal animal cruelty offense.
d. (1) The owner or operator of an animal-related enterprise requesting an investigation or a criminal background check from the Commissioner of Health pursuant to paragraph (1) or (2) of subsection a. of this section, shall submit the request to the Commissioner of Health with the name and address of:
(a) each existing employee or existing volunteer within 30 days after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill); and
(b) each provisional employee or provisional volunteer at the enterprise within two weeks after a person is provisionally employed or provisionally allowed to volunteer pursuant to subsection b. of this section.
(2) In addition, and as deemed necessary for the purposes of determining continuing employment or volunteering in accordance with P.L. , c. (C. ) (pending before the Legislature as this bill), the owner or operator of an animal-related enterprise shall request and receive annually from the commissioner follow-up reviews of the list established pursuant to section 3 of P.L.1983, c.525 (C.4:19-15.16a), in order to determine the inclusion thereon of any employee or volunteer for convictions for criminal animal cruelty offenses. However, an owner or operator of an animal-related enterprise shall be required to perform a criminal background check or to request a criminal background check pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill) only once for any employee or volunteer.
e. If an existing employee, existing volunteer, provisional employee, or provisional volunteer refuses to comply with the investigation or criminal background check performed pursuant to subsection a. of this section; or if any employee or volunteer refuses to comply with any follow-up investigation authorized by paragraph (2) of subsection d. of this section, the owner or operator of the animal-related enterprise shall immediately terminate the person as an employee or a volunteer at the animal-related enterprise.
f. Any person who is disqualified from employment or as a volunteer pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) shall be entitled to reapply for employment or as a volunteer at an animal-related enterprise if the disqualifying conviction is reversed.
g. This section shall apply only to an existing employee, existing volunteer, provisional employee, provisional volunteer, or applicant for employment, as a volunteer, or for participation with an animal-related enterprise who is, or would be responsible for, the care or handling of, or would otherwise come into direct contact with, any animal during the course of the person's employment, volunteering, or participation with an animal-related enterprise.
4. (New section) a. The Commissioner of Health shall complete the investigation required by paragraph (1) of subsection a. of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill, and shall notify the person who is the subject of the investigation and the owner or operator of the animal-related enterprise of the results of the investigation, in writing, within 90 days after the receipt of the person's name and address, which have been submitted in accordance with subsection d. of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), or as soon thereafter as may be reasonably practicable. The written notice shall: (1) expressly identify any offenses which constitute the basis for disqualification; and (2) afford the person the opportunity for a hearing, in the manner provided for contested cases pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), in order to contest the person's inclusion on the ineligibility list, or in order to challenge the history of offenses that was used by the commissioner to support the person's inclusion on the list.
b. If requested to do so pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill), the Commissioner of Health, in cooperation with the State Police and the Federal Bureau of Investigation, shall complete the criminal background check and shall notify the person who is the subject of the criminal background check and the owner or operator of the animal-related enterprise of the results, in writing, within 90 days after the receipt of the person's name and address, which have been submitted in accordance with subsection d. of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), or as soon thereafter as may be reasonably practicable. The written notice shall: (1) expressly identify any offenses which constitute the basis for disqualification; and (2) afford the person the opportunity for a hearing, in the manner provided for contested cases pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), in order to challenge the history of offenses used for disqualification.
5. (New section) The Commissioner of Health is authorized to exchange criminal history record information with the Federal Bureau of Investigation and the State Bureau of Identification in the Division of State Police consistent with applicable State and federal laws, rules and regulations for use in implementing the employment restrictions imposed pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill). Each owner or operator of an animal-related enterprise requesting the commissioner to perform a criminal background check to satisfy the requirements pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), shall submit to the Department of Health the name, address, fingerprints of, and written consent for a criminal history record background check to be performed on, the person, as applicable. The owner or operator of the animal-related enterprise making the request of the department shall bear the cost for the criminal history record background check, including all administering and processing costs.
6. (New section) All names, addresses, and other information submitted to the Commissioner of Health to complete a criminal background check requested pursuant to sections 3 and 5 of P.L. , c. (C. ) (pending before the Legislature as this bill), and any records developed therefrom, shall be considered criminal investigatory records for the purposes of compliance with P.L.1963, c.73 (C.47:1A-1 et seq.), commonly known as the open public records act, and shall not be disclosed as a government record. Nothing contained in this section shall be construed to prevent the Commissioner of Health from posting a list pursuant to subsection c. of section 3 of P.L.1983, c.525 (C.4:19-15.16a) of all persons whose certificate, issued pursuant to subsection b. of section 3 of P.L.1983, c.525 (C.4:19-15.16a), has been revoked, or who have been convicted of a criminal violation of any provision of chapter 22 of Title 4 of the Revised Statutes.
7. (New section) The provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) shall not apply to any farm, livestock operation, or other business where domestic livestock are raised, kept, treated, marketed, or sold, or to any owner, operator, or employee thereof, or to any academic research institution or to any owner, operator, or employee thereof.
8. Section 3 of P.L.1983, c.525 (C.4:19-15.16a) is amended to read as follows:
3. a. The Commissioner of Health shall, within 120 days after the effective date of P.L.1983, c.525, and pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations concerning the training and educational qualifications for the certification of animal control officers, including, but not limited to, a course of study approved by the commissioner and the Police Training Commission, in consultation with the New Jersey Certified Animal Control Officers Association, which acquaints a person with:
(1) The law as it affects animal control, animal welfare, and animal cruelty;
(2) Animal behavior and the handling of stray or diseased animals; and
(3) Community safety as it relates to animal control.
(4) (Deleted by amendment,
P.L.2017, c.331)
Any person 18 years of age or older may satisfy the courses of study established pursuant to this subsection at that person's own time and expense; however, nothing in this section shall be construed as authorizing a person to exercise the powers and duties of an animal control officer absent municipal appointment or authorization pursuant to section 4 of P.L.1983, c.525 (C.4:19-15.16b).
b. (1) The commissioner shall provide for the issuance of a certificate to a person who possesses, or acquires, the training and education required to qualify as a certified animal control officer pursuant to paragraphs (1) through (3) of subsection a. of this section and to a person who has been employed in the State of New Jersey in the capacity of, and with similar responsibilities to those required of, a certified animal control officer pursuant to the provisions of P.L.1983, c.525, for a period of three years before January 17, 1987. The commissioner shall not issue a certificate to any person convicted of, or found civilly liable for, a violation of any provision of chapter 22 of Title 4 of the Revised Statutes.
(2) The commissioner shall revoke the certificate of any person convicted of, or found civilly liable for, a violation of any provision of chapter 22 of Title 4 of the Revised Statutes [, and shall place the name of the person on the list established pursuant to subsection c. of this section] .
c. (1) The commissioner shall establish a list of all persons [issued a certificate pursuant to subsection b. of this section] : (a) for whom [that] a certificate issued pursuant to subsection b. of this section has been revoked, or (b) who have been convicted of, or found civilly liable for, a violation of any provision of chapter 22 of Title 4 of the Revised Statutes. The commissioner shall provide each municipality in the State with a copy of this list within 30 days after the list is established and not less often than annually thereafter if no revised list required pursuant to paragraph (2) of this subsection has been issued in the interim. The commissioner shall also post the list, together with a statement identifying the list's proper use and purpose, at a publicly accessible and readily identifiable location on the Department of Health's Internet website.
(2) Upon receipt of a notice required pursuant to section 3 or 4 of P.L.2003, c.67 (C.4:22-57 or C.2B:12-17.1) [involving a person who has been issued a certificate pursuant to subsection b. of this section] , the commissioner shall add to the list the name of the person convicted of, or found civilly liable for, a violation of any provision of chapter 22 of Title 4 of the Revised Statutes according to the notice, and shall issue a copy of the revised list to each municipality and post a copy of the revised list at a publicly accessible and readily identifiable location on the Department of Health's Internet website within 30 days after receipt of any notice.
(cf: P.L.2017, c.331, s.5)
9. N.J.S.2C:43-12 is amended to read as follows:
2C:43-12. Supervisory Treatment--Pretrial Intervention.
a. Public policy. The purpose of N.J.S.2C:43-12 through N.J.S.2C:43-22 is to effectuate a Statewide program of Pretrial Intervention. It is the policy of the State of New Jersey that supervisory treatment should ordinarily be limited to persons who have not previously been convicted of any criminal offense under the laws of New Jersey, or under any criminal law of the United States, or any other state when supervisory treatment would:
(1) Provide applicants, on an equal basis, with opportunities to avoid ordinary prosecution by receiving early rehabilitative services or supervision, when such services or supervision can reasonably be expected to deter future criminal behavior by an applicant, and when there is apparent causal connection between the offense charged and the rehabilitative or supervisory need, without which cause both the alleged offense and the need to prosecute might not have occurred; or
(2) Provide an alternative to prosecution for applicants who might be harmed by the imposition of criminal sanctions as presently administered, when such an alternative can be expected to serve as sufficient sanction to deter criminal conduct; or
(3) Provide a mechanism for permitting the least burdensome form of prosecution possible for defendants charged with "victimless" offenses, other than defendants who were public officers or employees charged with offenses that involved or touched their office or employment; or
(4) Provide assistance to criminal calendars in order to focus expenditure of criminal justice resources on matters involving serious criminality and severe correctional problems; or
(5) Provide deterrence of future criminal or disorderly behavior by an applicant in a program of supervisory treatment.
b. (1) Admission of an applicant into a program of supervisory treatment shall be measured according to the applicant's amenability to correction, responsiveness to rehabilitation and the nature of the offense.
(2) There shall be a presumption against admission into a program of supervisory treatment for:
(a) a defendant who was a public officer or employee whose offense involved or touched upon his public office or employment; [and]
(b) a defendant charged with any crime or offense involving domestic violence, as defined in subsection a. of section 3 of P.L.1991, c.261 (C.2C:25-19) if the defendant committed the crime or offense while subject to a temporary or permanent restraining order issued pursuant to the provisions of the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et al.) or if the crime or offense charged involved violence or the threat of violence. For purposes of this subparagraph, a crime or offense involves violence or the threat of violence if the victim sustains serious or significant bodily injury as defined in subsection b. or d. of N.J.S.2C:11-1, or the actor is armed with and uses a deadly weapon or threatens by word or gesture to use a deadly weapon as defined in subsection c. of N.J.S.2C:11-1, or threatens to inflict serious or significant bodily injury ; and
(c) a defendant charged with a criminal animal cruelty offense, as defined in section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) .
c. The decision and reasons therefor made by the designated judges (or assignment judges), prosecutors and program directors in granting or denying applications for supervisory treatment, in recommending and ordering termination from the program or dismissal of charges, in all cases shall be reduced to writing and disclosed to the applicant.
d. If an applicant desires to challenge the decision of the prosecutor or program director not to recommend enrollment in a program of supervisory treatment the proceedings prescribed under N.J.S.2C:43-14 and in accordance with the Rules of Court shall be followed.
e. Referral. At any time prior to trial but after the filing of a criminal complaint, or the filing of an accusation or the return of an indictment, with the consent of the prosecutor and upon written recommendation of the program director, the assignment judge or a judge designated by him may postpone all further proceedings against an applicant and refer said applicant to a program of supervisory treatment approved by the Supreme Court. Prosecutors and program directors shall consider in formulating their recommendation of an applicant's participation in a supervisory treatment program, among others, the following criteria:
(1) The nature of the offense;
(2) The facts of the case;
(3) The motivation and age of the defendant;
(4) The desire of the complainant or victim to forego prosecution;
(5) The existence of personal problems and character traits which may be related to the applicant's crime and for which services are unavailable within the criminal justice system, or which may be provided more effectively through supervisory treatment and the probability that the causes of criminal behavior can be controlled by proper treatment;
(6) The likelihood that the applicant's crime is related to a condition or situation that would be conducive to change through his participation in supervisory treatment;
(7) The needs and interests of the victim and society;
(8) The extent to which the applicant's crime constitutes part of a continuing pattern of anti-social behavior;
(9) The applicant's record of criminal and penal violations and the extent to which he may present a substantial danger to others;
(10) Whether or not the crime is of an assaultive or violent nature, whether in the criminal act itself or in the possible injurious consequences of such behavior;
(11) Consideration of whether or not prosecution would exacerbate the social problem that led to the applicant's criminal act;
(12) The history of the use of physical violence toward others;
(13) Any involvement of the applicant with organized crime;
(14) Whether or not the crime is of such a nature that the value of supervisory treatment would be outweighed by the public need for prosecution;
(15) Whether or not the applicant's involvement with other people in the crime charged or in other crime is such that the interest of the State would be best served by processing his case through traditional criminal justice system procedures;
(16) Whether or not the applicant's participation in pretrial intervention will adversely affect the prosecution of codefendants; and
(17) Whether or not the harm done to society by abandoning criminal prosecution would outweigh the benefits to society from channeling an offender into a supervisory treatment program.
The prosecutor and the court, in formulating their recommendations or decisions regarding an applicant's participation in a supervisory treatment program, shall give due consideration to the victim's position on whether the defendant should be admitted.
f. Review of Supervisory Treatment Applications; Procedure Upon Denial. Each applicant for supervisory treatment shall be entitled to full and fair consideration of his application. If an application is denied, the program director or the prosecutor shall precisely state his findings and conclusion which shall include the facts upon which the application is based and the reasons offered for the denial. If the applicant desires to challenge the decision of a program director not to recommend, or of a prosecutor not to consent to, enrollment into a supervisory treatment program, a motion shall be filed before the designated judge (or assignment judge) authorized pursuant to the Rules of Court to enter orders.
g. Limitations. (1) Supervisory treatment may occur only once with respect to any defendant and any person who has previously received supervisory treatment under section 27 of P.L.1970, c.226 (C.24:21-27), a conditional discharge pursuant to N.J.S.2C:36A-1, a conditional dismissal pursuant to P.L.2013, c.158 (C.2C:43-13.1 et al.), or was granted a dismissal due to successful participation in the Veterans Diversion Program pursuant to P.L.2017, c.42 (C.2C:43-23 et al.) shall not be eligible for supervisory treatment under this section.
(2) Except as otherwise provided in paragraph (3) of this subsection, supervisory treatment, as provided herein, shall be available to a defendant irrespective of whether the defendant contests his guilt of the charge or charges against him.
(3) Admission into supervisory treatment shall be available to the following defendants only upon entering a plea of guilty: (a) a defendant charged with a first or second degree crime; (b) a defendant charged with any crime if the defendant had previously been convicted of a first or second degree crime; (c) a defendant charged with a third or fourth degree crime involving domestic violence, as defined in subsection a. of section 3 of P.L.1991, c.261 (C.2C:25-19); or (d) a defendant charged with any disorderly persons or petty disorderly persons offense involving domestic violence, as defined in subsection a. of section 3 of P.L.1991, c.261 (C.2C:25-19) if the defendant committed the offense while subject to a temporary or permanent restraining order issued pursuant to the provisions of the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et al.). For any such defendant, following the plea of guilty the plea shall be held in an inactive status pending termination of supervisory treatment pursuant to subsection d. or e. of N.J.S.2C:43-13. Upon successful completion of the program of supervisory treatment the charges shall be dismissed.
h. Termination. Termination of supervisory treatment under this section shall be immediately reported to the assignment judge of the county who shall forward such information to the Administrative Director of the Courts.
i. Appointment of Program Directors; Authorized Referrals. Programs of supervisory treatment and appointment of the program directors require approval by the Supreme Court with the consent of the assignment judge and prosecutor. Referrals of participants from supervisory treatment programs may be to any public or private office or agency, including but not limited to, programs within the probation service of the court, offering counseling or any other social service likely to aid in the rehabilitation of the participant and to deter the commission of other offenses.
j. Health Care Professional Licensing Board Notification. The program director shall promptly notify the State Board of Medical Examiners when a State licensed physician or podiatrist has been enrolled in a supervisory treatment program after he has been charged with an offense involving drugs or alcohol.
The Attorney General shall develop guidelines to ensure the uniform exercise of discretion by prosecutors in formulating their recommendations on participation in a supervisory treatment program by an applicant charged with a crime or offense involving domestic violence, as defined in subsection a. of section 3 of P.L.1991, c.261 (C.2C:25-19).
(cf: P.L.2017, c.42, s.10)
10. This act shall take effect immediately.
STATEMENT
This bill, designated as "Moose's Law," would prohibit a person who has been convicted of a criminal animal cruelty offense in this State, or in any other state or jurisdiction, from: (1) commencing, operating, applying for employment, being employed, or volunteering at, or participating in any capacity in, an "animal-related enterprise" (enterprise), as that term is defined in the bill; or (2) acquiring, owning, or residing with any animal for a definitive period of time, as specified by a court.
Any person who violates the bill's prohibitions would be guilty of a disorderly persons offense. The bill further specifies that no owner or operator of an animal-related enterprise may employ or allow to volunteer at the enterprise a person who has been convicted of a criminal animal cruelty offense, and specifies actions to be taken to ensure such employment or volunteering does not occur. This prohibition applies only to persons responsible for the care or handling of, or in direct contact with, any animal during the course of the person's employment, volunteering, or participation with the enterprise.
The bill authorizes a court, upon a person's conviction for a criminal animal cruelty offense, to order the forfeiture of any animal owned by the offender and the transfer of the animal to the custody of an animal shelter. The bill further authorizes the court to issue an order prohibiting the offender from acquiring, owning, or residing with any animal for: (1) a period of not less than two years following the date of the offender's conviction for the present offense, or following the date of the offender's release from incarceration for the present offense, whichever is later; (2) the duration of the probationary period imposed by the court for the present offense, if that period will last for two years or longer; or (3) any more extended period of time, which the court, in its discretion, determines to be appropriate based on the nature and severity of the offense, the offender's prior history of animal cruelty offenses, and any other relevant factor.
The bill provides for the owner or operator of the enterprise to determine the person does not have a criminal conviction by: (1) requesting and receiving in writing a determination by the Commissioner of Health that the person is not identified on the list, established pursuant to section 3 of P.L.1983, c.525 (C.4:19-15.16a), of persons who are ineligible to be certified animal control officers, or if the person is identified on the list, the person was not convicted of a criminal animal cruelty offense; and (2) performing, having performed, or requesting the Commissioner of Health to perform a criminal background check that confirms the employee, volunteer, or applicant for employment or a volunteer position has not been convicted of a criminal animal cruelty offense.
The owner or operator of the enterprise would be allowed to provisionally employ a person or allow a person to provisionally volunteer for no more than 90 days pending the results of the criminal background check and the commissioner's determination concerning the list of persons who are ineligible to be certified animal control officers. Furthermore, the owner or operator of the animal-related enterprise may: (1) determine the person's eligibility based on a criminal background check only, without waiting for the commissioner's action, provided that the criminal background check is completed no later than 90 days after the effective date of the bill for existing employees and existing volunteers, and for a provisional employee or provisional volunteer, no later than 90 days after receiving an application for employment or to volunteer; or (2) request, within 30 days of the bill's effective date for existing employees and existing volunteers and within two weeks of employment or volunteering for provisional employees and provisional volunteers, the Commissioner of Health to perform a complete State Police and Federal Bureau of Investigation (FBI) criminal background check at the owner's or operator's expense. The owner or operator of the animal-related enterprise would be: (1) required to perform a criminal background check or to request a Commissioner of Health criminal background check only once for any employee or volunteer; and (2) directed to annually request and receive a follow-up review by the commissioner of the list of persons who are ineligible to be certified animal control officers in order to confirm that the enterprise's employees and volunteers are still eligible to work or volunteer as applicable.
The bill authorizes the Commissioner of Health to perform a complete State Police and FBI criminal background check if requested to do so. The bill also specifies that all names, addresses, and other information submitted to the Commissioner of Health to complete a criminal background check and any records developed therefrom are to be considered criminal investigatory records for the purposes of compliance with P.L.1963, c.73 (C.47:1A-1 et seq.), commonly known as the open public records act, and cannot be disclosed as a government record. Any employee or volunteer of an enterprise refusing to cooperate with the requirements under the bill may be immediately dismissed. Any person who is considered ineligible to apply because of a criminal animal cruelty offense conviction may apply if the conviction is reversed.
Finally, the bill exempts from the provisions of the bill: (1) any farm, livestock operation, or other business where domestic livestock are raised, kept, treated, marketed, or sold, and any owner, operator, or employee thereof; and (2) any academic research institution and any owner, operator, or employee thereof.
