Bill Text: NJ S1984 | 2012-2013 | Regular Session | Introduced
Bill Title: "Vader's Law"; revises law to enhance penalty for injuring or harming certain dogs.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-05-24 - Introduced in the Senate, Referred to Senate Economic Growth Committee [S1984 Detail]
Download: New_Jersey-2012-S1984-Introduced.html
Sponsored by:
Senator JEFF VAN DREW
District 1 (Atlantic, Cape May and Cumberland)
SYNOPSIS
"Vader's Law"; revises law to enhance penalty for injuring or harming certain dogs.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain dogs and amending P.L.1983, c.261.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1983, c.261 (C.2C:29-3.1) is amended to read as follows:
1. Any person who purposely kills a dog, horse or other animal owned or used by a law enforcement agency or a search and rescue dog shall be guilty of a crime of the third degree, and shall be sentenced by the court to a term of imprisonment. The term of imprisonment shall include the imposition of a minimum term. The minimum term shall be fixed at five years, during which the defendant shall be ineligible for parole. In addition, the court shall impose a fine of $15,000. Any person who purposely maims or otherwise inflicts harm upon a dog, horse or other animal owned or used by a law enforcement agency or a search and rescue dog shall be guilty of a crime of the fourth degree, and shall be sentenced by the court to a term of imprisonment. The term of imprisonment shall include the imposition of a minimum term. The minimum term shall be fixed at three months, during which the defendant shall be ineligible for parole. Any person who interferes with any law enforcement officer using an animal in the performance of his official duties commits a disorderly persons offense, subject to a sentence of six months' imprisonment, some or all of which may be community service, restitution and a $1,000.00 fine.
As used in this section, "search and rescue dog" means any dog trained or being trained for the purpose of search and rescue that is owned by an independent handler or member of a search and rescue team, and used in conjunction with local law enforcement or emergency services organizations for the purpose of locating missing persons or evidence of arson.
(cf: P.L.2011, c.77)
2. This act shall take effect immediately.
STATEMENT
This bill is designated "Vader's Law" in recognition of Vader, the Atlantic City Police Department's most productive police canine. The bill enhances the penalty for injuring or harming a dog, horse, or other animal owned or used by a law enforcement agency or a dog engaged in search and rescue efforts.
Under this bill, a person convicted of purposely injuring or harming a dog, horse, or other animal owned or used by a law enforcement agency or a dog engaged in search and rescue efforts would be subject to a mandatory minimum term of imprisonment of three months, during which the person would be ineligible for parole.
Currently, a person convicted of injuring or harming a dog, horse, or other animal owned or used by a law enforcement agency or a dog engaged in search and rescue efforts is guilty of a crime of the fourth degree. A crime of the fourth degree is punishable by a term of imprisonment of up to 18 months, a fine of not more than $10,000, or both.
Over the last five decades, the use of trained police canines to assist in the arrest of criminal suspects has become widely accepted by police departments all over New Jersey. Although incidents of police canines killed in the line of duty are well publicized, and persons who purposely kill police canines are now subject to severe penalties, police canine deaths and other law enforcement animal deaths are rare compared to the frequency in which law enforcement animals are injured during the performance of their duties. In August 2011, a survey conducted by the United States Police Canine Association (New Jersey, Region 15) reported that: 1 out of 4 physical apprehensions resulted in the police canine being assaulted, and 1 out of 6 physical apprehensions resulted in severe injury to the law enforcement animal. The purpose of this bill is to: send a clear message to criminal suspects that assaulting a police canine or any law enforcement animal in the State will result in a mandatory sentence of imprisonment of at least three months; and avert assaults on law enforcement animals in the future.
As indicated above, this bill is designated "Vader's Law" in honor of Vader, who is Atlantic City's most productive police canine since coming into service in 2008. Vader apprehended 95 criminal suspects, with 31 of them brought into custody by physical apprehension. One out of every three of Vader's physical apprehensions resulted in Vader being physically assaulted by the suspects, causing injury to him and sometimes requiring his hospitalization.
