Bill Text: NJ S79 | 2012-2013 | Regular Session | Introduced
Bill Title: Creates crime of threatening the life of certain animals; designated as Dano and Valder's Law.**
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-06-27 - Substituted by A495 (3R) [S79 Detail]
Download: New_Jersey-2012-S79-Introduced.html
Sponsored by:
Senator CHRISTOPHER "KIP" BATEMAN
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
SYNOPSIS
Creates crime of threatening the life of certain animals.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning threats against certain animals 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. a. 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.
b. 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] third degree.
c. Any person who purposely threatens to kill, maim or otherwise inflict harm upon a dog, horse or other animal owned or used by a law enforcement agency or a search and rescue dog, under circumstances reasonably causing the person to whom the threat is made to believe that it is likely that it will be carried out, shall be guilty of a crime of the third degree.
d. 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.2005, c.24, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill amends N.J.S.A.2C:29-3.1, the statute which sets forth penalties for killing, maiming or inflicting harm, or interfering with an animal owned or used by a law enforcement agency or a search and rescue dog.
Currently, this law provides
that any person who: (1) purposely
kills an animal owned or used by the police is guilty of a crime of the third
degree; (2) purposely
maims or otherwise inflicts harm upon an animal owned or used by
the police is guilty of a crime of the fourth degree; (3) interferes with any law
enforcement officer using an animal in the performance of his official duties
is guilty of a disorderly persons offense.
The bill upgrades the offense of purposely maiming or otherwise inflicting harm upon a dog, horse, or other animal owned or used by a law enforcement agency or a search and rescue dog from a fourth degree crime to a third degree crime. A fourth degree crime is punishable by up to 18 months imprisonment, a fine of up to $10,000, or both. A third degree crime is punishable by three to five years imprisonment, a fine of up to $15,000, or both.
The bill also adds a provision to the current law that a person who purposely threatens to kill, maim or otherwise inflict harm upon a dog, horse or other animal owned or used by a law enforcement agency or a search and rescue dog, under circumstances reasonably causing the person to whom the threat is made to believe that it is likely that it will be carried out, is guilty of a crime of the third degree.
