Bill Text: NJ A3320 | 2024-2025 | Regular Session | Introduced

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Bill Title: "Better Care Dog Act."

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-01-09 - Introduced, Referred to Assembly Commerce, Economic Development and Agriculture Committee [A3320 Detail]

Download: New_Jersey-2024-A3320-Introduced.html

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ASSEMBLY, No. 3320

STATE OF NEW JERSEY

221st LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION

 

 

Sponsored by:

Assemblyman  BENJIE E. WIMBERLY

District 35 (Bergen and Passaic)

Assemblywoman  YVONNE LOPEZ

District 19 (Middlesex)

 

 

 

 

SYNOPSIS

     "Better Care Dog Act."

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

  

An Act concerning the improved care of dogs, supplementing Title 2C of the New Jersey Statutes and Title 4 of the Revised Statutes, and amending various sections of the statutory law.

 

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

 

     1.    (New section)  Sections 1 through 8 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill) shall be known, and may be cited, as the "Better Care Dog Act."

 

      2.   (New section)  The Legislature finds and declares the following:  

      a.   There is a need to address and prevent the negative behaviors of, and facilitate safe human interactions with, dogs in the State. 

      b.   Currently, the behavior and care of dogs is inconsistently and haphazardly regulated, across the State, through a complex system of local ordinances that vary from municipality to municipality.  Some municipalities, moreover, have not adopted any local ordinances to address the behavior or responsible care of vicious dogs, potentially dangerous dogs, or other dogs residing in the municipality, thereby resulting in a lack of guidance on these issues.

      c.   While State law does address how a dog is to be treated and penalized when the dog engages in potentially dangerous or vicious behaviors, the law is silent on the issue of whether and how a dog owner is to be held responsible for the potentially dangerous or vicious behavior of a dog owned thereby.  Similarly, while State law addresses what is to happen when a dog causes bodily injury to a person, it does not address what is to occur when a dog has not caused bodily injury, but roams free without a leash or other controls that are designed to prevent the dog from causing bodily injury.  Specifically, the law provides no guidance regarding whether and how dog owners are to act proactively to control free-roaming dogs before those dogs cause bodily injury to another person.

      d.   Children are at particular risk when confronted by an unrestrained dog, due to their small stature in comparison to most dogs, and also due to their innocence, inexperience, and emotional perceptions.

      e.   The euthanasia of dogs that have evidenced vicious behaviors, as authorized by existing law, is appropriate in order to prevent the ongoing transfer of aggressive dogs from owner to owner, and the application of additional restrictions on the continued ownership of vicious dogs that are not ordered to be euthanized is necessary to protect the public from ongoing aggression from such dogs.

      f.    Dog owners generally embrace their role as caretakers and trainers of their dogs and are likely to be the first to wish to curtail any negative interactions between themselves, their dogs, children, and any other members of the communities in which they live.

      g.   Any regulation of dog behavior must be implemented with consideration, forethought, and reasonableness for the good of both the public and dog owners in the State.

      h.   By imposing leashing requirements for all dogs and fencing requirements for dogs that are repeatedly found off leash and outside the owner's control; by subjecting a dog owner to criminal liability, and establishing specific guidelines for the prosecution of dog owners, when an unrestrained dog attacks or injures another person; and by subjecting a dog owner to civil penalties when the owner's failure to engage in safe dog care causes a threat to public safety, the State can enhance the uniformity of regulations and promote consistency in prosecutorial decision making, across various jurisdictions, with respect to dog-related injuries and offenses, and better facilitate the well-being of children, other citizens, and dogs in the State in a manner that is consistent with accepted notions of responsible dog ownership to which so many, if not all, dog owners are committed and subscribe.

      i.    The Department of Health, acting in consultation and collaboration with all relevant stakeholders, is well positioned to develop and implement a Statewide regulatory system for safe dog care that will effectively enhance public health and safety while protecting the wellbeing of dogs in the State.

      j.    Based on the foregoing findings, the Legislature determines that it is reasonable and appropriate, and in the public interest, for the State to facilitate the public health and safety, as well as the improved care of dogs in the State, by: 

      (1)  requiring the Department of Health to establish a uniform Statewide system, which provides leashing and fencing requirements designed to restrain the movement of free-roaming dogs;

      (2)  requiring all municipalities in the State to adopt ordinances consistent with the Statewide system established by the Department of Health;

      (3)  clarifying that the State's special dog registration and licensure requirements apply both to potentially dangerous dogs and to vicious dogs that are not ordered to be euthanized; and

      (4)  establishing criminal and civil penalties for dog owners whose unrestrained dog attacks or injures another person, or who otherwise fails to engage in safe dog care, as required by P.L.    , c.    (C.        ) (pending before the Legislature as this bill) and the rules, regulations, ordinances, and resolutions adopted pursuant thereto.

 

      3.   (New section)  As used in sections 1 through 8 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill):

      "Alternative enclosure" means a type of enclosure, other than one created through the use of fencing, which can be used, by a dog owner who is otherwise exempt from the fencing requirements of P.L.    , c.    (C.        ) (pending before the Legislature as this bill), to restrict the movement of an otherwise unrestrained dog while the dog is on the owner's property but outside the walls of the owner's home.

      "Bodily injury" means the same as that term is defined in N.J.S.2C:11-1.

      "Department" means the Department of Health.

      "Owner" means a person who owns the dog at issue.

      "Serious bodily injury" means the same as that term is defined in N.J.S.2C:11-1.

      "Unrestrained" means that a dog is off leash and not controlled by another appropriate restraint.

 

      4.  (New section)  a.  (1) Whenever a dog is off the property of the owner, the dog shall be on a leash or controlled with another appropriate restraint unless the owner is subject to an exemption from this requirement, as provided by paragraph (2) of this subsection or by any other rule, regulation, ordinance, or resolution adopted by the State or a municipality pursuant to P.L.    , c.    (C.        ) (pending before the Legislature as this bill). 

      (2)  The requirements pertaining to dog leashing and other restraints, which are established pursuant to paragraph (1) of this subsection, shall not apply to a working or hunting dog while the dog is engaged in agricultural work or hunting activities.

      (3)  If a dog owner is found, by clear and convincing evidence, to have allowed a dog to be unrestrained while off the owner's property, in violation of the provisions of this subsection, or to have violated the provisions of any other, similar municipal ordinance, resolution, rule, or regulation concerning the leashing or other restraint of a dog, the owner shall be subject to a fine of $100 for the first violation, $250 for the second violation, and $500 for the third and any subsequent violation, regardless of whether the unrestrained dog attacked or caused bodily injury to a person.

      b.   Whenever an unrestrained dog, while off the property of the owner, attacks a person without causing bodily injury, the municipality shall issue a warning notice to the dog owner indicating that, in addition to any applicable fines imposed pursuant to subsection a. of this section, the owner may also be required to comply with fencing requirements to control the dog, in the discretion of the enforcing authority and pursuant to subsection c. of this section, in the event that the dog is again found unrestrained and off the property of the owner after the issuance of the warning notice.

      c.   (1)  The third time a dog is found unrestrained and off the owner's property, in violation of the provisions of subsection a. of this section, or, in the discretion of the municipality, the first time that the dog is found unrestrained and off the owner's property following the issuance of a warning notice for the dog pursuant to subsection b. of this section, and provided that the dog, while so unrestrained, has not attacked or caused bodily injury to another person, the municipality shall order the owner to comply with the fencing requirements established pursuant to sections 6 and 7 of P.L.    , c.    (C.        and C.        ) (pending before the Legislature as this bill), including any specifications for the installation of such fencing, in accordance with a compliance schedule established by the municipality.

      (2)  If a dog owner is found, by clear and convincing evidence, to have violated a municipal order or compliance schedule issued pursuant to paragraph (1) of this subsection, the owner shall be subject to a fine of $200 per day of the violation, with each day's continuance of the violation constituting a separate and distinct offense, and the municipality shall revoke any registration previously issued for the dog.

      d.   The provisions of subsections b. and c. of this section shall not apply in any case where: 

      (1)  the dog, while unrestrained and off the owner's property, kills a person, causes serious bodily injury to a person, or both causes bodily injury to a person during an unprovoked attack and poses a serious threat of harm to other persons or domestic animals, in which case, the dog and the dog's owner shall be subject to the applicable provisions of, and penalties provided by, P.L.1989, c.307 (C.4:19-17 et seq.), N.J.S.2C:11-2, N.J.S.2C:12-1, N.J.S.2C:24-4, and section 10 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill);

      (2)  the dog owner is a resident of a condominium, townhouse, apartment, or other rental property where the installation of fencing is impractical, or the dog owner is otherwise expressly exempt from fencing requirements established pursuant to P.L.    , c.    (C.        ) (pending before the Legislature as this bill), in which case, the municipality shall require the owner to pay a fine, as provided in subsection a. of this section, and may additionally require the owner to comply with alternative enclosure requirements, to the extent that such alternative enclosures are authorized by ordinance, rule, regulation, or resolution of the municipality; or

      (3)  a person, other than the owner, intentionally removed the dog from the owner's property, such as by walking the dog beyond the boundaries of the owner's property, taking the dog to a park or other public open space, or taking the dog to the property of another person who is not the owner, and the dog, while unrestrained and off the owner's property, attacked a person without causing bodily injury, in which case, the municipality shall require the owner to pay a fine, as provided by subsection a. of this section, but shall not require the owner to comply with any fencing or alternative enclosure requirements.

      e.   The fines imposed by this section shall be collected in a summary proceeding filed pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10).  The municipal court shall have jurisdiction to enforce the "Penalty Enforcement Law of 1999" for the purposes of this section, and any fines collected shall be paid to the municipality in which the violation occurred.

      5.   (New section)  Whenever a person registers or licenses a dog with a municipality pursuant to section 2, 3, 4, 5, or 6 of P.L.1941, c.151 (C.4:19-15.2, C.4:19-15.3, C.4:19-15.4, C.4:19-15.5, or C.4:19-15.6), or pursuant to section 14 or 15 of P.L.1989, c.307 (C.4:19-30 or C.4:19-31), the municipal clerk or other official issuing the license shall provide the person with notice of:  the provisions of N.J.S.2C:11-2, N.J.S.2C:12-1, and N.J.S.2C:24-4; the provisions of P.L.1989, c.307 (C.4:19-17 et seq.); the provisions of sections 4 and 10 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill); and any other provisions, adopted by ordinance, resolution, rule, or regulation of the State or municipality, that govern the leashing, restraint, or movement of dogs.

 

      6.   (New section)  a.  Within 180 days after the date of enactment of P.L.    , c.  (C.        ) (pending before the Legislature as this bill), the Department of Health, in consultation with the New Jersey Certified Animal Control Officers Association, the League of Municipalities, and the New Jersey Veterinary Medical Association, shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to implement the provisions of the "Better Care Dog Act," P.L.    , c.    (C.        ) (pending before the Legislature as this bill.  The rules and regulations shall:

      (1)  establish standards and requirements, consistent with the provisions of subsection a. of section 4 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill), governing the leashing or other restraint of a dog when it is off the property of its owner;

      (2)  identify the circumstances or areas of the State in which a dog owner will be exempt from the restraint requirements of paragraph (1) of subsection a. of section 4 of P.L.     , c.    (C.        ) (pending before the Legislature as this bill), including, but not limited to, exemptions authorizing a dog to be unrestrained while exercising in a dog park;

      (3)  establish standards and requirements for fencing, which shall apply when the fencing of a dog is required pursuant to subsection c. of section 4 of P.L.    , c.  (C.        ) (pending before the Legislature as this bill).  These standards and requirements shall be designed to both protect the public and ensure the well-being of the dog, and, at a minimum, shall:  (a) address the appropriate height and other dimensions of the fencing; (b) establish exemptions from fencing requirements for residents of condominiums, townhouses, apartments, and other rental properties where the installation of fencing is impractical, and for other appropriate groups of residents, as deemed by the department to be appropriate; and (c) identify acceptable alternative enclosure options, if any, that may be used by dog owners who are exempt from fencing requirements; and

      (4)  establish any other requirements for the control and regulation of the free movement of dogs, as deemed by the department to be appropriate, reasonable, and necessary to promote the public health and safety.

     b.    In order to facilitate the enactment, across the State, of uniform municipal ordinances addressing the issues described in this section, the department shall develop and adopt model ordinances, which shall incorporate the standards and requirements adopted by the department pursuant to this section, and which may be adopted by any municipality, pursuant to section 7 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill).

 

      7.   (New section)  a.  Not more than 180 days after the department publishes its rules and regulations, pursuant to section 6 of P.L.    c.    (C.        ) (pending before the Legislature as this bill), each municipality shall:

      (1)  adopt an ordinance, resolution, or regulation that, at a minimum, incorporates the standards and requirements established by the department, pursuant to section 6 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill), and provides for the municipal enforcement of the provisions of P.L.    , c.    (C.        ) (pending before the Legislature as this bill); and

      (2)  establish a dedicated fund to finance the municipal enforcement of P.L.    , c.    (C.        ) (pending before the Legislature as this bill), which fund shall be separate from the other funds of the municipality.

      b.   (1)  A portion of the moneys forwarded to the treasurer of the municipality, pursuant to section 11 of P.L.1941, c.151 (C.4:19-15.11), may be allocated by the municipality for the purposes of P.L.    , c.    (C.        ) (pending before the Legislature as this bill), and any such allocated moneys, as well as any penalties collected by the municipality pursuant to P.L.    , c.    (C.        ) (pending before the Legislature as this bill), shall be deposited by the municipality in the dedicated fund established pursuant to paragraph (2) of subsection a. of this section. 

      (2)  Moneys in the dedicated fund may be used for the following purposes only:

      (a)  to facilitate the enforcement of any standard, requirement, law, ordinance, resolution, rule, or regulation adopted by the State or municipality in relation to vicious dogs, potentially dangerous dogs, or other dogs registered in the municipality;

      (b)  to publicize the provisions of P.L.    , c.    (C.        ) (pending before the Legislature as this bill) and the rules, regulations, ordinances, or resolutions adopted thereunder;

      (c)  to publicize the telephone number, established pursuant to section 8 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill), which can be used by members of the public to report violations of the State's vicious and potentially dangerous dogs act, P.L.1989, c.307 (C.4:19-17 et seq.), and the "Better Care Dog Act," P.L.    , c.    (C.        ) (pending before the Legislature as this bill);

      (d) to post signage related to vicious dogs, potentially dangerous dogs, or other dogs registered in the municipality;

      (e)  to provide free or discounted leashes, collars, and other dog restraints to dog owners who would otherwise be unable to afford such restraints; and

      (f)  to cover any other municipal expense incurred pursuant to P.L.    , c.    (C.         ) (pending before the Legislature as this bill).

 

     8.    (New section)  Each municipality shall publicize a telephone number that can be used by members of the public to report violations of the State's vicious and potentially dangerous dogs act, P.L.1989, c.307 (C.4:19-17 et seq.), and the "Better Care Dog Act," P.L.    , c.    (C.        ) (pending before the Legislature as this bill), and shall immediately report the phone number, and any changes thereto, to the Department of Health.

 

      9.   N.J.S.2C:11-2 is amended to read as follows:

      2C:11-2.  Criminal homicide.

      a.   A person is guilty of criminal homicide if he purposely, knowingly, recklessly, or, under the circumstances set forth in N.J.S.2C:11-5 or section 1 of P.L.2017, c.165 (C.2C:11-5.3), causes the death of another human being.

      b.   Criminal homicide is murder, manslaughter [or], death by auto or vessel, or death by dog attack.

(cf:  P.L.2017, c.165, s.2)

 

      10.  (New section)  a.  Criminal homicide constitutes death by dog attack when a person owning a dog purposely, knowingly, or recklessly allows the dog to be off leash or otherwise unrestrained in a residential neighborhood, park, or other publicly accessible open space, and the unrestrained dog kills another person in an unprovoked attack.

      b.   Death by dog attack is a crime of the second degree.

      c.   In any prosecution under this section, it is an affirmative defense that the dog:

      (1)  was provoked into attacking the victim;

      (2)  was defending or protecting itself or its offspring from injury or attack; or

      (3)  was defending or protecting its owner from injury or attack, provided that the owner was not, at the time, engaged in the commission of a criminal offense.

      d.   Any penalties imposed pursuant to this section shall be in addition to any penalties or other consequences that are imposed on the dog owner pursuant to P.L.1989, c.307 (C.4:19-17 et seq.) or P.L.    , c.    (C.        ) (pending before the Legislature as this bill).

     e.     Notwithstanding any other provision of section 3 of P.L.1979, c.396 (C.2C:46-4) to the contrary, any fines collected as a result of a conviction obtained pursuant to this section shall be paid to the municipality in which the death by dog attack occurred.

      11.  N.J.S.2C:12-1 is amended to read as follows:

      2C:12-1. Assault. a. Simple assault.  A person is guilty of simple assault if the person: 

      (1)  [Attempts] attempts to cause or purposely, knowingly, or recklessly causes bodily injury to another person; [or]

      (2)  [Negligently] negligently causes bodily injury to another person with a deadly weapon; [or]

      (3)  [Attempts] attempts, by physical menace, to put another person in fear of imminent serious bodily injury; or

      (4)  purposefully, knowingly, or recklessly allows a dog owned thereby to be off leash or otherwise unrestrained in a residential neighborhood, park, or other publicly accessible open space, or purposefully, knowingly, or recklessly fails to comply with requirements imposed by a court, pursuant to P.L.1989, c.307 (C.4:19-17 et seq.), in association with the person's ownership of a potentially dangerous dog or vicious dog, and the dog, as a result of the owner's actions, attacks and causes bodily injury to another person.  In any prosecution under this paragraph, it is an affirmative defense that the dog:  (a) was provoked into attacking the victim; (b) was defending or protecting itself or its offspring from injury or attack; or (c) was defending or protecting its owner from injury or attack, provided that the owner was not, at the time, engaged in a criminal offense.

      Simple assault, as defined by paragraphs (1), (2), and (3) of this subsection, is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense.  Simple assault, as defined by paragraph (4) of this subsection, is a crime of the fourth degree.

      b.   Aggravated assault.  A person is guilty of aggravated assault if the person:

      (1)  [Attempts] attempts to cause serious bodily injury to another, or [causes injury] purposely [or], knowingly, or, under circumstances manifesting extreme indifference to the value of human life, recklessly causes such injury; [or]

      (2)  [Attempts] attempts to cause, or purposely or knowingly causes, bodily injury to another with a deadly weapon; [or]

      (3)  [Recklessly] recklessly causes bodily injury to another with a deadly weapon; [or]

      (4)  [Knowingly] knowingly, and under circumstances manifesting extreme indifference to the value of human life, points a firearm, as defined in subsection f. of N.J.S.2C:39-1, at or in the direction of another, whether or not the actor believes [it] the firearm to be loaded; [or]

      (5)  [Commits] commits a simple assault as defined in paragraph (1), (2), or (3) of subsection a. of this section upon:

      (a)  [Any] a law enforcement officer acting in the performance of the officer's duties while in uniform or exhibiting evidence of authority or because of the officer's status as a law enforcement officer; [or]

      (b)  [Any] a paid or volunteer firefighter acting in the performance of the firefighter's duties while in uniform or otherwise clearly identifiable as being engaged in the performance of the duties of a firefighter; [or]

      (c)  [Any] a person engaged in emergency first-aid or medical services acting in the performance of the person's duties while in uniform or otherwise clearly identifiable as being engaged in the performance of emergency first-aid or medical services; [or]

      (d) [Any] a school board member, school administrator, teacher, school bus driver, or other employee of a public or nonpublic school or school board while clearly identifiable as being engaged in the performance of the person's duties or because of the person's status as a member or employee of a public or nonpublic school or school board or any school bus driver employed by an operator under contract to a public or nonpublic school or school board while clearly identifiable as being engaged in the performance of the person's duties or because of the person's status as a school bus driver; [or]

      (e)  [Any] an employee of the Division of Child Protection and Permanency while clearly identifiable as being engaged in the performance of the employee's duties or because of the status as an employee of the division; [or]

      (f)  [Any] a justice of the Supreme Court, judge of the Superior Court, judge of the Tax Court, or municipal judge while clearly identifiable as being engaged in the performance of judicial duties or because of the status as a member of the judiciary; [or]

      (g)  [Any] the operator of a motorbus or the operator's supervisor or any employee of a rail passenger service while clearly identifiable as being engaged in the performance of the person's duties or because of the status as an operator of a motorbus or as the operator's supervisor or as an employee of a rail passenger service; [or]

      (h)  [Any] a Department of Corrections employee, county correctional police officer, juvenile correctional police officer, State juvenile facility employee, juvenile detention staff member, juvenile detention officer, probation officer or any sheriff, undersheriff, or sheriff's officer acting in the performance of the person's duties while in uniform or exhibiting evidence of the person's authority or because of the status as a Department of Corrections employee, county correctional police officer, juvenile correctional police officer, State juvenile facility employee, juvenile detention staff member, juvenile detention officer, probation officer, sheriff, undersheriff, or sheriff's officer; [or]

      (i)   [Any] an employee, including any person employed under contract, of a utility company, as defined in section 2 of P.L.1971, c.224 (C.2A:42-86), or of a cable television company subject to the provisions of the "Cable Television Act," P.L.1972, c.186 (C.48:5A-1 et seq.), while clearly identifiable as being engaged in the performance of the employee's duties in regard to connecting, disconnecting, or repairing or attempting to connect, disconnect, or repair any gas, electric, or water utility, or any cable television or telecommunication service; [or]

      (j)   [Any] a health care worker employed by a licensed health care facility to provide direct patient care, [any] or a health care professional licensed or otherwise authorized, pursuant to Title 26 or Title 45 of the Revised Statutes, to practice a health care profession, except a direct care worker at a State or county psychiatric hospital or State developmental center or veterans' memorial home, while clearly identifiable as being engaged in the duties of providing direct patient care or practicing the health care profession; [or]

      (k)  [Any] a direct care worker at a State or county psychiatric hospital or State developmental center or veterans' memorial home, while clearly identifiable as being engaged in the duties of providing direct patient care or practicing the health care profession, provided that the actor is not a patient or resident at the facility who is classified by the facility as having a mental illness or developmental disability; [or]

      (6)  [Causes] causes bodily injury to another person while fleeing or attempting to elude a law enforcement officer, in violation of subsection b. of N.J.S.2C:29-2, or while operating a motor vehicle, in violation of subsection c. of N.J.S.2C:20-10.  Notwithstanding any other provision of law to the contrary, a person shall be strictly liable for a violation of this paragraph upon proof of a violation of subsection b. of N.J.S.2C:29-2 or while operating a motor vehicle in violation of subsection c. of N.J.S.2C:20-10 which resulted in bodily injury to another person; [or]

      (7)  [Attempts] attempts to cause significant bodily injury to another, or purposely or knowingly causes significant bodily injury [purposely or knowingly] to another, or[,] recklessly causes significant bodily injury to another under circumstances manifesting extreme indifference to the value of human life [recklessly causes such significant bodily injury]; [or]

      (8)  [Causes] causes bodily injury by knowingly or purposely starting a fire or causing an explosion, in violation of N.J.S.2C:17-1, which results in bodily injury to any emergency services personnel [involved] who are engaging in fire suppression activities[,] or rescue operations, are rendering emergency medical services [resulting from] as a result of the fire or explosion [or rescue operations], or are rendering any other necessary assistance at the scene of the fire or explosion, including any bodily injury sustained by the emergency services personnel while responding to the scene of a reported fire or explosion.  For purposes of this paragraph, "emergency services personnel" shall include, but not be limited to, any paid or volunteer firefighter, any person engaged in emergency first-aid or medical services, and any law enforcement officer.  Notwithstanding any other provision of law to the contrary, a person shall be strictly liable for a violation of this paragraph upon proof of a violation of N.J.S.2C:17-1 [which] that resulted in bodily injury to any emergency services personnel; [or]

      (9)  [Knowingly] knowingly, and under circumstances manifesting extreme indifference to the value of human life, points or displays a firearm, as defined in subsection f. of N.J.S.2C:39-1, at or in the direction of a law enforcement officer; [or]

      (10)  [Knowingly] knowingly points, displays, or uses an imitation firearm, as defined in subsection v. of N.J.S.2C:39-1, at or in the direction of a law enforcement officer and with the purpose to intimidate, threaten, or attempt to put the officer in fear of bodily injury or for any other unlawful purpose; [or]

      (11)  [Uses] uses or activates a laser sighting system or device, or a system or device [which] that, in the manner used, would cause a reasonable person to believe that it is a laser sighting system or device, against a law enforcement officer acting in the performance of the officer's duties while in uniform or exhibiting evidence of the officer's authority.  As used in this paragraph, "laser sighting system or device" means any system or device that is integrated with or affixed to a firearm and emits a laser light beam that is used to assist in the sight alignment or aiming of the firearm; [or]

      (12)  [Attempts] attempts to cause significant bodily injury [or], purposely or knowingly causes significant bodily injury [purposely or knowingly], or, under circumstances manifesting extreme indifference to the value of human life, recklessly causes significant bodily injury to a person who, with respect to the actor, meets the definition of a victim of domestic violence, as defined in subsection d. of section 3 of P.L.1991, c.261 (C.2C:25-19); [or]

      (13)  [Knowingly] knowingly or, under circumstances manifesting extreme indifference to the value of human life, recklessly obstructs the breathing or blood circulation of a person who, with respect to the actor, meets the definition of a victim of domestic violence, as defined in subsection d. of section 3 of P.L.1991, c.261 (C.2C:25-19), by applying pressure on the throat or neck or blocking the nose or mouth of such person, thereby causing or attempting to cause bodily injury; or 

      (14)  purposefully, knowingly, or recklessly allows a dog owned thereby to be off leash or otherwise unrestrained in a residential neighborhood, park, or other publicly accessible open space, or purposefully, knowingly, or recklessly fails to comply with requirements imposed by a court, pursuant to P.L.1989, c.307 (C.4:19-17 et seq.), in association with the person's ownership of a potentially dangerous dog or vicious dog, and the dog, as a result of the owner's actions, attacks and causes serious bodily injury to another person.  In any prosecution under this paragraph, it is an affirmative defense that the dog:  (a) was provoked into attacking the victim; (b) was defending or protecting itself or its offspring from injury or attack; or (c) was defending or protecting its owner from injury or attack, provided that the owner was not, at the time, engaged in a criminal offense.

      Aggravated assault under paragraphs (1) and (6) of this subsection [b. of this section] is a crime of the second degree; under paragraphs (2), (7), (9), [and] (10) and (14) of this subsection [b. of this section] is a crime of the third degree; under paragraphs (3) and (4) of this subsection [b. of this section] is a crime of the fourth degree; and under paragraph (5) of this subsection [b. of this section] is a crime of the third degree if the victim suffers bodily injury, otherwise it is a crime of the fourth degree.  Aggravated assault under paragraph (8) of this subsection [b. of this section] is a crime of the third degree if the victim suffers bodily injury[;], but if the victim suffers significant bodily injury or serious bodily injury, it is a crime of the second degree.  Aggravated assault under paragraph (11) of this subsection [b. of this section] is a crime of the third degree.  Aggravated assault under paragraph (12) of this subsection [b. of this section] is a crime of the third degree, but the presumption of non-imprisonment, which is set forth in subsection e. of N.J.S.2C:44-1 for a first offense of a crime of the third degree, shall not apply.  Aggravated assault under paragraph (13) of subsection b. of this section is a crime of the second degree.

      c.   (1)  A person is guilty of assault by auto or vessel when the person drives a vehicle or vessel recklessly and causes either serious bodily injury or bodily injury to another.  Assault by auto or vessel is a crime of the fourth degree if serious bodily injury results, and is a disorderly persons offense if bodily injury results. Proof that the defendant was operating a hand-held wireless telephone while driving a motor vehicle in violation of section 1 of P.L.2003, c.310 (C.39:4-97.3) may give rise to an inference that the defendant was driving recklessly. 

      (2)  Assault by auto or vessel is a crime of the third degree if the person drives the vehicle while in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) and serious bodily injury results, and is a crime of the fourth degree if the person drives the vehicle while in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) and bodily injury results. 

      (3)  Assault by auto or vessel is a crime of the second degree if serious bodily injury results from the defendant operating the auto or vessel while in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) while:

      (a)  on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;

      (b)  driving through a school crossing, as defined in R.S.39:1-1, if the municipality, by ordinance or resolution, has designated the school crossing as such; or

      (c)  driving through a school crossing, as defined in R.S.39:1-1, knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution. 

      Assault by auto or vessel is a crime of the third degree if bodily injury results from the defendant operating the auto or vessel in violation of this paragraph.

      A map or true copy of a map depicting the location and boundaries of the area on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board produced pursuant to section 1 of P.L.1987, c.101 (C.2C:35-7) may be used in a prosecution under subparagraph (a) of paragraph (3) of this subsection.

      It shall be no defense to a prosecution for a violation of subparagraph (a) or (b) of paragraph (3) of this subsection that the defendant was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while driving through a school crossing.  Nor shall it be a defense to a prosecution under subparagraph (a) or (b) of paragraph (3) of this subsection that no juveniles were present on the school property or crossing zone at the time of the offense or that the school was not in session. 

      (4)  Assault by auto or vessel is a crime of the third degree if the person purposely drives a vehicle in an aggressive manner directed at another vehicle and serious bodily injury results, and is a crime of the fourth degree if the person purposely drives a vehicle in an aggressive manner directed at another vehicle and bodily injury results.  [For purposes of] As used in this paragraph, "driving a vehicle in an aggressive manner" shall include, but is not limited to, unexpectedly altering the speed of the vehicle, making improper or erratic traffic lane changes, disregarding traffic control devices, failing to yield the right of way, or following another vehicle too closely.

      As used in this subsection, "vessel" means a means of conveyance for travel on water and propelled otherwise than by muscular power.

     d.    A person who is employed by a facility, as defined in section 2 of P.L.1977, c.239 (C.52:27G-2), and who commits a simple assault, as defined in paragraph (1) or (2) of subsection a. of this section, upon an institutionalized elderly person, as defined in section 2 of P.L.1977, c.239 (C.52:27G-2), is guilty of a crime of the fourth degree.

      e.   (Deleted by amendment, P.L.2001, c.443).

      f.    A person who commits a simple assault, as defined in paragraph (1), (2), or (3) of subsection a. of this section, while in the presence of a child under 16 years of age at a school or community sponsored youth sports event is guilty of a crime of the fourth degree.  The defendant shall be strictly liable upon proof that the offense occurred, in fact, in the presence of a child under 16 years of age.  It shall not be a defense that the defendant did not know that the child was present or reasonably believed that the child was 16 years of age or older.  The provisions of this subsection shall not be construed to create any liability on the part of a participant in a youth sports event or to abrogate any immunity or defense available to a participant in a youth sports event.  As used in this [act] subsection, "school or community sponsored youth sports event" means a competition, practice, or instructional event involving one or more interscholastic sports teams or youth sports teams organized pursuant to a nonprofit or similar charter or which are member teams in a youth league organized by or affiliated with a county or municipal recreation department and shall not include collegiate, semi-professional, or professional sporting events.

      g.   Notwithstanding any other provision of section 3 of P.L.1979, c.396 (C.2C:46-4) to the contrary, any fines collected pursuant to a conviction under paragraph (4) of subsection a. of this section, or pursuant to a conviction under paragraph (14) of subsection b. of this section, shall be paid to the municipality in which the dog attack occurred.

(cf:  P.L.2021, c.172, s.1)

 

      12.  N.J.S.2C:24-4 is amended to read as follows:

      2C:24-4.    Endangering Welfare of Children.

      a.   (1)  Any person having a legal duty for the care of a child or who has assumed responsibility for the care of a child who engages in sexual conduct which would impair or debauch the morals of the child is guilty of a crime of the second degree.  Any other person who engages in conduct or who causes harm as described in this paragraph to a child is guilty of a crime of the third degree.

      (2)  Any person having a legal duty for the care of a child or who has assumed responsibility for the care of a child who causes the child harm that would make the child an abused or neglected child as defined in R.S.9:6-1, R.S.9:6-3, and section 1 of P.L.1974, c.119 (C.9:6-8.21) is guilty of a crime of the second degree. Any other person who engages in conduct or who causes harm as described in this paragraph to a child is guilty of a crime of the third degree.

      b.   (1)  As used in this subsection:

      "Child" means any person under 18 years of age.

      "Distribute" means to sell, or to manufacture, give, provide, lend, trade, mail, deliver, publish, circulate, disseminate, present, exhibit, display, share, advertise, offer, or make available via the Internet or by any other means, whether for pecuniary gain or not. The term also includes an agreement or attempt to distribute.

      "File-sharing program" means a computer program, application, software, or operating system that allows the user of a computer on which such program, application, software, or operating system is installed to designate files as available for searching by and copying to one or more other computers, to transmit such designated files directly to one or more other computers, and to request the transmission of such designated files directly from one or more other computers. The term "file-sharing program" includes but is not limited to a computer program, application, or software that enables a computer user to participate in a peer-to-peer network.

      "Internet" means the international computer network of both federal and non-federal interoperable packet switched data networks.

      "Item depicting the sexual exploitation or abuse of a child" means a photograph, film, or video, an electronic, electromagnetic, or digital recording, an image stored or maintained in a computer program or file or in a portion of a file, or any other reproduction or reconstruction [which] that:

      (a)  depicts a child engaging in a prohibited sexual act or in the simulation of such an act; or

      (b)  portrays a child in a sexually suggestive manner.

      "Peer-to-peer network" means a connection of computer systems through which files are shared directly between the systems on a network without the need of a central server.

      "Portray a child in a sexually suggestive manner" means:

      (a)  to depict a child's less than completely and opaquely covered intimate parts, as defined in N.J.S.2C:14-1, in a manner that, by means of the posing, composition, format, or animated sensual details, emits sensuality with sufficient impact to concentrate prurient interest on the child; or

      (b)  to depict any form of contact with a child's intimate parts, as defined in N.J.S.2C:14-1, in a manner that, by means of the posing, composition, format, or animated sensual details, emits sensuality with sufficient impact to concentrate prurient interest on the child; or

      (c)  to otherwise depict a child for the purpose of sexual stimulation or gratification of any person who may view the depiction where the depiction does not have serious literary, artistic, political, or scientific value.

      "Prohibited sexual act" means

      (a)  Sexual intercourse; or

      (b)  Anal intercourse; or

      (c)  Masturbation; or

      (d) Bestiality; or

      (e)  Sadism; or

      (f)  Masochism; or

      (g)  Fellatio; or

      (h)  Cunnilingus; or

      (i)   Nudity, if depicted for the purpose of sexual stimulation or gratification of any person who may view such depiction; or

      (j)   Any act of sexual penetration or sexual contact as defined in N.J.S.2C:14-1.

      "Reproduction" means, but is not limited to, computer generated images.

      (2)  (Deleted by amendment, P.L.2001, c.291).

      (3)  A person commits a crime of the first degree if he causes or permits a child to engage in a prohibited sexual act or in the simulation of such an act, or to be portrayed in a sexually suggestive manner, if the person knows, has reason to know or intends that the prohibited act or portrayal may be photographed, filmed, reproduced, or reconstructed in any manner, including on the Internet, or may be part of an exhibition or performance.

      (4)  A person commits a crime of the second degree if he photographs or films a child in a prohibited sexual act [or], in the simulation of such an act, or for portrayal in a sexually suggestive manner, or who uses any device, including a computer, to reproduce or reconstruct the image of a child in a prohibited sexual act [or], in the simulation of such an act, or for portrayal in a sexually suggestive manner.

      (5)  (a)  A person commits a crime if, by any means, including but not limited to the Internet, he:

      (i)   knowingly distributes an item depicting the sexual exploitation or abuse of a child;

      (ii)  knowingly possesses an item depicting the sexual exploitation or abuse of a child with the intent to distribute that item; or

      (iii)             knowingly stores or maintains an item depicting the sexual exploitation or abuse of a child using a file-sharing program which is designated as available for searching by or copying to one or more other computers.

      In a prosecution under sub-subparagraph (iii) of this subparagraph, the State shall not be required to offer proof that an item depicting the sexual exploitation or abuse of a child had actually been searched, copied, transmitted, or viewed by another user of the file-sharing program, or by any other person, and it shall be no defense that the defendant did not intend to distribute the item to another user of the file-sharing program or to any other person.  Nor shall the State be required to prove that the defendant was aware that the item depicting the sexual exploitation or abuse of a child was available for searching or copying to one or more other computers, and the defendant shall be strictly liable for failing to designate the item as not available for searching or copying by one or more other computers.

      A violation of this subparagraph that involves 1,000 or more items depicting the sexual exploitation or abuse of a child is a crime of the first degree; otherwise it is a crime of the second degree.

      Notwithstanding the provisions of subsection a. of N.J.S.2C:43-6, a person whose offense under this subparagraph involved at least 25 but less than 1,000 items depicting the sexual exploitation or abuse of a child shall be sentenced to a mandatory minimum term of imprisonment, which shall be fixed at, or between, one-third and one-half of the sentence imposed by the court or five years, whichever is greater, during which the defendant shall be ineligible for parole.

      Notwithstanding the provisions of subsection a. of N.J.S.2C:43-6, a person whose offense under this subparagraph involved 1,000 or more items depicting the sexual exploitation or abuse of a child shall be sentenced to a mandatory minimum term of imprisonment, which shall be fixed at, or between, one-third and one-half of the sentence imposed by the court or 10 years, whichever is greater, during which the defendant shall be ineligible for parole.

      Notwithstanding the provisions of subsection a. of N.J.S.2C:43-6, a person convicted of a second or subsequent offense under this subparagraph shall be sentenced to an extended term of imprisonment as set forth in N.J.S.2C:43-7.  For the purposes of this subparagraph, an offense is considered a second or subsequent offense if the actor has at any time been convicted pursuant to paragraph (3), (4), or (5) of this subsection, or under any similar statute of the United States, this State, or any other state for an offense that is substantially equivalent to paragraph (3), (4), or (5) of this subsection.

      For purposes of this subparagraph, the term "possess" includes receiving, viewing, or having under one's control, through any means, including the Internet.

      (b)  (i) A person commits a crime of the first degree if he knowingly possesses, knowingly views, or knowingly has under his control, through any means, including the Internet, 100,000 or more items depicting the sexual exploitation or abuse of a child.

      (ii) A person commits a crime of the second degree if he knowingly possesses, knowingly views, or knowingly has under his control, through any means, including the Internet, at least 1,000 but less than 100,000 items depicting the sexual exploitation or abuse of a child.

      (iii)             A person commits a crime of the third degree if he knowingly possesses, knowingly views, or knowingly has under his control, through any means, including the Internet, less than 1,000 items depicting the sexual exploitation or abuse of a child.

      Notwithstanding the provisions of subsection e. of N.J.S.2C:44-1, in any instance where a person was convicted of an offense under this subparagraph that involved 100 or more items depicting the sexual exploitation or abuse of a child, the court shall impose a sentence of imprisonment unless, having regard to the character and condition of the defendant, it is of the opinion that imprisonment would be a serious injustice which overrides the need to deter such conduct by others.

      Notwithstanding the provisions of subsection a. of N.J.S.2C:43-6, a person convicted of a second or subsequent offense under this subparagraph shall be sentenced to an extended term of imprisonment as set forth in N.J.S.2C:43-7. For the purposes of this subparagraph, an offense is considered a second or subsequent offense if the actor has at any time been convicted pursuant to paragraph (3), (4), or (5) of this subsection, or under any similar statute of the United States, this State, or any other state for an offense that is substantially equivalent to paragraph (3), (4), or (5) of this subsection.

      Nothing in this subparagraph shall be construed to preclude or limit any prosecution or conviction for the offense set forth in subparagraph (a) of this paragraph.

      (6)  For purposes of this subsection, a person who is depicted as or presents the appearance of being under the age of 18 in any photograph, film, videotape, computer program or file, video game, or any other reproduction or reconstruction shall be rebuttably presumed to be under the age of 18.  If the child who is depicted as engaging in, or who is caused to engage in, a prohibited sexual act or simulation of a prohibited sexual act or portrayed in a sexually suggestive manner is under the age of 18, the actor shall be strictly liable and it shall not be a defense that the actor did not know that the child was under the age of 18, nor shall it be a defense that the actor believed that the child was 18 years of age or older, even if such a mistaken belief was reasonable.

      (7)  For aggregation purposes, each depiction of the sexual exploitation or abuse of a child shall be considered a separate item, provided that each depiction that is in the form of a photograph, picture, image, or visual depiction of a similar nature shall be considered to be one item and each depiction that is in the form of a film, video, video-clip, movie, or visual depiction of a similar nature shall be considered to be 10 separate items, and each individual act of distribution of an item depicting the sexual exploitation or abuse of a child shall be considered a separate item.  For purposes of determining the number of items depicting the sexual exploitation or abuse of a child for purposes of sentencing pursuant to subparagraph (a) of paragraph (5) of this subsection, the court shall aggregate all items involved, whether the act or acts constituting the violation occurred at the same time or at different times and, with respect to distribution, whether the act or acts of distribution were to the same person or several persons or occurred at different times, provided that each individual act was committed within the applicable statute of limitations.  For purposes of determining the number of items depicting the sexual exploitation or abuse of a child for purposes of sentencing pursuant to subparagraph (b) of paragraph (5) of this subsection, the court shall aggregate all items involved, whether the possession of such items occurred at the same time or at different times, provided that each individual act was committed within the applicable statute of limitations.

      c.   (1)  As used in this subsection:

      "Child" means a person under the age of 18.

      "Unrestrained" means that a dog is off leash and not controlled by another appropriate restraint.

      (2)  A person commits a crime of the second degree if the person purposely, knowingly, or recklessly allows a dog owned thereby to be unrestrained while in a residential neighborhood, park, or other publicly accessible open space in which a child may be present, and the dog, while unrestrained, kills a child. 

      (3)  A person commits a crime of the third degree if the person purposely, knowingly, or recklessly allows a dog owned thereby to be unrestrained while in a residential neighborhood, park, or other publicly accessible open space in which a child may be present, and the dog, while unrestrained, causes serious bodily injury to a child.

      (4)  A person commits a crime of the fourth degree if the person purposely, knowingly, or recklessly allows a dog owned thereby to be unrestrained while in a residential neighborhood, park, or other publicly accessible open space in which a child may be present, and the dog, while unrestrained, causes bodily injury to a child.

      (5)  A person commits a disorderly persons offense if the person purposely, knowingly, or recklessly allows a dog owned thereby to be unrestrained while in a residential neighborhood, park, or other publicly accessible open space in which a child may be present, and the dog, while unrestrained, attacks a child without causing bodily injury.

      (6)  Any penalties imposed pursuant to this subsection shall be in addition to any penalties imposed pursuant to P.L.1989, c.307 (C.4:19-17 et seq.) and P.L.    , c.    (C.        ) (pending before the Legislature as this bill).  Notwithstanding any provision of section 3 of P.L.1979, c.396 (C.2C:46-4) to the contrary, any fines collected pursuant to this subsection shall be paid to the municipality in which the dog attack occurred.

      (7)  In any prosecution under this subsection, it is an affirmative defense that the dog:  (a) was provoked into attacking the victim; (b) was defending or protecting itself or its offspring from injury or attack; or (c) was defending or protecting its owner from injury or attack, provided that the owner was not, at the time, engaged in a criminal offense.

(cf:  P.L.2017, c.141, s.1)

 

      13.  Section 11 of P.L.1941, c.151 (C.4:19-15.11) is amended to read as follows:

      11.  License fees and other moneys collected or received under the provisions of sections 3, 8, 9 and 16 of P.L.1941, c.151 (C.4:19-15.3, C.4:19-15.8, C.4:19-15.9, and C.4:19-15.16), except registration tag fees, shall be forwarded to the treasurer of the municipality within 30 days after collection or receipt and shall be placed in a special account separate from any of the other accounts of the municipality and [shall be] used for the following purposes only:  for [collecting, keeping] the collection, holding, and [disposing] humane disposal of dogs liable to seizure under P.L.1941, c.151 (C.4:19-15.1 et seq.) or under local dog control ordinances; for the enforcement of the "Better Care Dog Act," P.L.    , c.    (C.        ) (pending before the Legislature as this bill); for local prevention and control of rabies; for [providing] the provision of antirabic treatment, under the direction of the local board of health [for], to any person who is known or suspected to have been exposed to rabies; for [payment of] payments in relation to damage to, or losses of, poultry and domestic animals, except dogs and cats, that are caused by a dog [or dogs]; for facilitating compliance with the requirements of subsection b. of section 6 of P.L.2017, c.189 (C.4:22-17.6); and for administering the provisions of P.L.1941, c.151 (C.4:19-15.1 et seq.).  That portion of moneys in the special account which has been allocated by the municipality for enforcement of the "Better Care Dog Act," P.L.    , c.    (C.        ) (pending before the Legislature as this bill), shall be transferred and deposited into the dedicated fund established pursuant to subsection a. of section 7 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill).  Any unexpended balance remaining in the special account shall be retained therein until the end of the third fiscal year following and may be used for any of the purposes set forth in this section.  At the end of the third fiscal year following, and at the end of each fiscal year thereafter, there shall be transferred, from the special account to the general funds of the municipality, any amount then in the account which is in excess of the total amount paid into the special account during the last two fiscal years next preceding.

      The registration tag fee for each dog shall be forwarded, within 30 days after collection, by the clerk or other official designated to license dogs, to the State Department of Health, which department shall forward the sum to the State Treasurer, who shall, in turn, place all such moneys in a special account for use only by the State Department of Health in administering P.L.1941, c.151 (C.4:19-15.1 et seq.) and for the prevention and control of rabies throughout the State[, and such].  Such account is hereby declared to be a trust fund not subject to legislative appropriation.  At the end of the third fiscal year following the adoption of P.L.1941, c.151 (C.4:19-15.1 et seq.), and at the end of each fiscal year thereafter, there shall be withdrawn from this trust fund and transferred to the general funds of the State any amount then in the trust fund which is in excess of the total amount paid into the trust fund during the last two fiscal years next preceding.

(cf:  P.L.2017, c.189, s.10)

 

     14.  Section 6 of P.L.1989, c.307 (C.4:19-22) is amended to read as follows:

     6.  a.  The municipal court shall declare [the] a dog to be vicious if it finds, by clear and convincing evidence, that the dog:

     (1)   killed [a person] or caused serious bodily injury to a person[; or].

     (2)   (Deleted by amendment, P.L.2019, c.82).

     b.    A dog shall not be declared vicious for inflicting death or serious bodily injury upon a person if the dog was provoked.  The municipality shall bear the burden of proof to demonstrate that the dog was not provoked.

     c.     If the municipal court declares a dog to be vicious, and no appeal is made of this ruling pursuant to section 9 of P.L.1989, c.307 (C.4:19-25), the court [may order] shall either:

     (1)   order the dog's owner to comply with certain restrictions on dog care and ownership, as necessary to protect the public [that are], which restrictions shall be at least as stringent as the requirements [for] that apply to the owners of potentially dangerous dogs, pursuant to section 8 of P.L.1989, c.307 (C.4:19-24) and section 12 of P.L.1989, c.307 (C.4:19-28); or

     (2)   order the dog to be euthanized in a humane and expeditious manner, except that no dog may be euthanized during the pendency of an appeal.

     d.    As used in this section, "serious bodily injury" means serious bodily injury as defined in subsection b. of N.J.S.2C:11-1.

(cf:  P.L.2019, c.82, s.1)

 

     15.  Section 8 of P.L.1989, c.307 (C.4:19-24) is amended to read as follows:

     8.  [If] Whenever the municipal court either declares [the] a dog to be potentially dangerous [, it] or declares a dog to be vicious, but not subject to euthanization pursuant to paragraph (2) of subsection c. of section 6 of P.L.1989, c.307 (C.4:19-22), the municipal court shall issue an order and a schedule for compliance [which, in part:], in accordance with the provisions of this section, to ensure that the dog owner complies with certain enhanced dog care restrictions going forward.

     a.     The order and compliance schedule issued pursuant to this section shall require the owner of a potentially dangerous dog or a vicious dog not ordered to be euthanized to comply with the following conditions with respect to the ongoing care of the dog: 

     (1)   to apply, at [his own] the owner's expense, to the municipal clerk or other official designated to license dogs pursuant to section 2 of P.L.1941, c.151 (C.4:19-15.2), for a special municipal potentially dangerous dog or vicious dog license, as applicable, with a municipal registration number [,] and a red identification tag issued pursuant to section 14 of [this act] P.L.1989, c.307 (C.4:19-30).  The owner shall, at [his own] the owner's expense, have the registration number tattooed upon the dog in a prominent location.  A potentially dangerous dog, or a vicious dog not ordered to be euthanized, shall be impounded until the owner obtains a municipal potentially dangerous dog license or a municipal vicious dog license, as applicable, with a municipal registration number [,] and a red identification tag; 

     (2)   to display, in a conspicuous manner, a sign on [his] the owner's premises warning that a potentially dangerous dog or a vicious dog, as applicable, is on the premises.  The sign shall be visible and legible from 50 feet of the enclosure required pursuant to paragraph (3) of this subsection; and

     (3)   to immediately erect and maintain an enclosure for the potentially dangerous dog or vicious dog, as applicable, on the property where the potentially dangerous dog or vicious dog will be kept and maintained, which [has] enclosure shall have sound sides, top, and bottom to prevent the potentially dangerous dog or vicious dog from escaping by climbing, jumping, or digging and shall be within a fence [of] that is at least six feet [in height] high and separated, by at least three feet, from the confined area.  The owner of a potentially dangerous dog or a vicious dog not ordered to be euthanized shall securely lock the enclosure to prevent the entry of the general public and to preclude any release or escape of a potentially dangerous dog or vicious dog therein by an unknowing child or other person.  All of the owner's potentially dangerous dogs and vicious dogs not ordered to be euthanized shall be confined in the enclosure or, if taken out of the enclosure, shall be securely muzzled and restrained with a tether approved by the animal control officer and having a minimum tensile strength sufficiently in excess of that required to restrict the [potentially dangerous] dog's movements to a radius of no more than three feet from the owner [and] while remaining under the owner's direct supervision [of the owner;] and control.

     b.    The order and compliance schedule issued pursuant to this section may additionally require the owner of a potentially dangerous dog or a vicious dog not ordered to be euthanized: 

     (a)   to maintain liability insurance, in an amount determined by the municipal court, to cover any future damage or injury that may be caused by the potentially dangerous dog or vicious dog, as the case may be.  The liability insurance, which may be separate from any other homeowner policy, shall contain a provision requiring the municipality in which the owner resides to be named as an additional insured for the sole purpose of being notified, by the insurance company, of any cancellation, termination, or expiration of the liability insurance policy; and

     (b)   in the case of a vicious dog not ordered to be euthanized, to comply with any additional conditions or requirements, with respect to the owner's ongoing care or restraint of the vicious dog, that the court determines to be necessary to protect the public safety, regardless of whether such conditions or requirements are in excess of those that would be applicable in the case of a potentially dangerous dog.

(cf:  P.L.1994, c.187, s.5)

 

     16.  Section 12 of P.L.1989, c.307 (C.4:19-28) is amended to read as follows:

     12.  The owner of a potentially dangerous dog or a vicious dog not ordered to be euthanized shall:

     a.     comply with the provisions of P.L.1989, c.307 (C.4:19-17 et seq.) in accordance with a schedule established by the municipal court, but, in no case, more than 60 days subsequent to the date of determination;

     b.    notify the licensing authority, local police department or force, and the animal control officer if [a potentially dangerous] the dog is at large, [or] has attacked a human being, or has killed a domestic animal;

     c.     notify the licensing authority, the local police department or force, and the animal control officer, within 24 hours of the death, sale, or donation of [a potentially dangerous] the dog;

     d.    prior to selling or donating the dog, inform the prospective owner that the dog has been declared potentially dangerous or vicious, as applicable; 

     e.     upon the sale or donation of the dog to a person residing in a different municipality, notify the department and the licensing authority, the police department or force, and the animal control officer of that municipality of the transfer of ownership and the name, address, and telephone of the new owner; and 

     f.     in addition to any license fee required pursuant to section 3 of P.L.1941, c.151 (C.4:19-15.3), pay a potentially dangerous dog license fee or a vicious dog license fee, as applicable to the municipality, as provided by section 15 of P.L.1989, c.307 (C.4:19-31). 

(cf:  P.L.1994, c.187, s.9)

 

     17.  Section 13 of P.L.1989, c.307 (C.4:19-29) is amended to read as follows:

     13.  The owner of a potentially dangerous dog or a vicious dog not ordered to be euthanized who is found, by clear and convincing evidence, to have violated [this act,] P.L.1989, c.307 (C.4:19-17 et seq.) or any rule or regulation adopted, or court order issued, pursuant thereto, [or to have failed to comply with a court's order] shall be subject to a fine of not more than $1,000 per day of the violation, and each day's continuance of the violation shall constitute a separate and distinct [violation] offense.  The municipal court shall have jurisdiction to enforce this section.  An animal control officer is authorized to seize and impound any potentially dangerous dog or vicious dog whose owner fails to comply with the provisions of P.L.1989, c.307 (C.4:19-17 et seq.)[,] or any rule or regulation adopted, or court order issued, pursuant thereto[, or a court's order].  The municipal court may order that the dog so seized and impounded be destroyed in an expeditious and humane manner.

(cf:  P.L.1994, c.187, s.10)

 

     18.  Section 14 of P.L.1989, c.307 (C.4:19-30) is amended to read as follows:

     14.  [Each] Following a court's determination that a dog is potentially dangerous or vicious, the municipality in which the dog owner resides shall:

     a.     in the case of a potentially dangerous dog, issue the dog owner a potentially dangerous dog registration number and red identification tag [along], together with a municipal potentially dangerous dog license, upon [a demonstration of] the owner's provision, to the animal control officer, of sufficient evidence [by the owner to the animal control officer] demonstrating that [he] the owner has complied with the court's orders with respect to the ongoing care and control of the potentially dangerous dog.  The last three digits of each potentially dangerous dog registration number [issued by a municipality will] shall be the three number code assigned to that municipality in the regulations promulgated pursuant to section 17 of P.L.1989, c.307 (C.4:19-33)[.  The animal control officer shall verify, in writing, compliance to the municipal clerk or other official designated to license dogs in the municipality]; and

     b.    [publicize a telephone number for reporting violations of this act.  This telephone number shall be forwarded to the department and any changes in this number shall be reported immediately to the department.] (Deleted by amendment, P.L.    , c.    (pending before the Legislature as this bill)

     c.     in the case of a vicious dog not ordered to be euthanized, issue the dog owner a vicious dog registration number and red identification tag, together with a municipal vicious dog license, upon the owner's provision, to the animal control officer, of sufficient evidence demonstrating that the owner has complied with the court's orders with respect to the care and control of the vicious dog.  The last digits of each vicious dog registration number issued by a municipality shall be the code assigned to that municipality in the regulations promulgated pursuant to section 17 of P.L.1989, c.307 (C.4:19-33).

     The animal control officer shall submit a written statement, to the municipal clerk or other official designated to license dogs in the municipality, verifying that the owner of a potentially dangerous dog, or the owner of a vicious dog not ordered to be euthanized, has complied with the licensure and registration requirements applicable to potentially dangerous dogs or vicious dogs, as appropriate, as provided by this section.

(cf:  P.L.1994, c.187, s.11)

 

     19.  Section 15 of P.L.1989, c.307 (C.4:19-31) is amended to read as follows:

     15.  Every municipality may, by ordinance, fix the sum to be paid annually for a potentially dangerous dog license or a vicious dog license and for each renewal thereof, which sum shall not be less than $150 nor more than $700.  In the absence of any local ordinance, the fee for all potentially dangerous dog licenses and vicious dog licenses shall be $150. 

(cf:  P.L.1989, c.307, s.15) 

 

     20.  Section 16 of P.L.1989, c.307 (C.4:19-32) is amended to read as follows: 

     16.  [The] Following a court's determination that a dog is potentially dangerous or is vicious but not subject to euthanization, the municipal animal control officer shall inspect the dog's enclosure and the owner's property, on at least a monthly basis, to [determine] ensure that the owner is continuing [compliance] to comply with [paragraphs (2) and (3) of subsection a. of] the requirements imposed by the court pursuant to section 8 of [this act] P.L.1989, c.307 (C.4:19-24). 

(cf:  P.L.1989, c.307, s.16) 

 

     21.  Section 17 of P.L.1989, c.307 (C.4:19-33) is amended to read as follows:

     17.  The department shall promulgate regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), establishing a uniform Statewide system for the municipal registration of potentially dangerous dogs and vicious dogs that are not subject to euthanasia.  The regulations shall assign each municipality or other registering authority [registering potentially dangerous dogs] a three number code.  This three number code shall comprise the last three digits of each registration number that is issued by [that] the municipality or other registering authority for a potentially dangerous [dogs] dog or for a vicious dog that is not subject to euthanasia, and shall be preceded on each dog's identification by a number sequentially issued by the municipality.

(cf:  P.L.1989, c.307, s.17) 

 

     22.  Sections 6 and 7 of this act shall take effect immediately, and sections 1 through 5 and sections 8 through 21 of this act shall take effect on the first day of the first year next following the date of enactment. 

 

 

STATEMENT

 

     This bill, to be known as the "Better Care Dog Act," would provide for the Department of Health, in consultation with all relevant stakeholders, to establish a uniform Statewide system, which provides leashing and fencing requirements designed to restrain the movement of free-roaming dogs, and it would require all municipalities in the State to adopt ordinances consistent with this Statewide system.  The bill would also clarify that certain special requirements that are applicable, under existing State law, to the owners of potentially dangerous dogs are also applicable to the owners of vicious dogs that have not been ordered to be euthanized.  Finally, the bill would establish new criminal offenses and penalties for dog owners whose unrestrained dog attacks, injures, or kills another person, as well as civil penalties for dog owners who fail to restrain their dogs when those dogs are off the owner's property.

     Specifically, the bill would provide that, whenever a dog is off the property of its owner, the dog will be required to be on a leash or otherwise controlled with another appropriate restraint unless the owner is exempt from this requirement, as provided by the bill or by any other rule, regulation, ordinance, or resolution adopted by the State or a municipality pursuant thereto.  The bill would expressly exempt, from its leashing requirements, any working or hunting dog while the dog is engaged in agricultural work or hunting activities.  If a dog owner is found, by clear and convincing evidence, to have allowed a dog to be unrestrained while off the owner's property, or to have violated any similar provision of a municipal ordinance, resolution, rule, or regulation concerning dog leashing or restraints, the owner would be subject to a fine of $100 for the first violation, $250 for the second violation, and $500 for the third and any subsequent violation, regardless of whether the unrestrained dog attacked or caused bodily injury to a person. 

      Whenever an unrestrained dog, while off the property of the owner, attacks a person without causing bodily injury, the municipality would additionally be required to issue a warning notice to the dog owner indicating that, in addition to any applicable fines imposed for failing to restrain the dog, the owner may also be required to comply with fencing requirements to control the dog, in the discretion of the enforcing authority, in the event that the dog is again found unrestrained and off the property of the owner after the issuance of the warning notice.

      The bill would further provide that, upon the third time a dog is found unrestrained and off the owner's property, or, in the discretion of the municipality, the first time that the dog is found unrestrained and off the owner's property following the issuance of a warning notice for the dog, as described above, and provided that the unrestrained dog has not attacked or caused bodily injury to another person, the municipality will be required to order the owner to comply with the fencing requirements established pursuant to the bill, including any specifications for the installation of such fencing, in accordance with a compliance schedule established by the municipality.

      If a dog owner is found, by clear and convincing evidence, to have violated a municipal fencing order or compliance schedule, the owner would be subject to a fine of $200 per day of the violation, with each day's continuance of the violation constituting a separate and distinct offense.  The municipality would additionally be required to revoke any registration previously issued for the dog.

      The bill's warning and fencing requirements would not apply in any case where:

      (1)  the dog, while unrestrained and off the owner's property, kills a person, causes serious bodily injury to a person, or both causes bodily injury to a person during an unprovoked attack and poses a serious threat of harm to other persons or domestic animals, in which case, the dog and the dog's owner would be subject to the applicable provisions of the State's criminal code and vicious and potentially dangerous dogs act;

      (2)  the dog owner is a resident of a condominium, townhouse, apartment, or other rental property where the installation of fencing is impractical, or the owner is otherwise exempt from fencing requirements established pursuant to the bill, in which case, the municipality is to require the owner to pay a fine for the failure to restrain the dog, in the amount described above, and may additionally require the owner to comply with alternative enclosure requirements, to the extent that such alternative enclosures are authorized by ordinance, rule, regulation, or resolution of the municipality; or

      (3)  a person, other than the owner, intentionally removed the dog from the owner's property, such as by walking the dog beyond the boundaries of the owner's property, taking the dog to a park or other public open space, or taking the dog to the property of another person who is not the owner, and the dog, while unrestrained and off the owner's property, attacked a person without causing bodily injury, in which case, the municipality is to require the owner to pay a fine for failure to restrain the dog, in the amount described above, but may not require the owner to comply with fencing or alternative enclosure requirements.

      The municipal court would have jurisdiction to enforce the bill's provisions, in this regard, and to impose the fines described above.  Any fines collected pursuant to the bill are to be paid to the municipality in which the violation occurred.

      The bill requires the Department of Health, in consultation with the New Jersey Certified Animal Control Officers Association, the League of Municipalities, and the New Jersey Veterinary Medical Association, to adopt rules and regulations, within 180 days after the bill's effective date, to implement the bill's provisions related to the leashing and fencing of dogs.  Those rules and regulations are to:

      (1)  establish standards and requirements, consistent with the bill's provisions, governing the leashing or other restraint of a dog when it is off the property of its owner;

      (2)  identify the circumstances or areas of the State in which a dog owner will be exempt from the bill's leashing requirements, including, but not limited to, exemptions authorizing a dog to be unrestrained while exercising in a dog park;

      (3)  establish standards and requirements for fencing, which would apply when the fencing of a dog is required pursuant to the bill.  These standards and requirements would, at a minimum:  address the appropriate height and other dimensions of the fencing; establish exemptions from fencing requirements; and identify acceptable alternative enclosure options, if any, that may be used by residents of condominiums, townhouses, apartments, and other rental properties where the installation of fencing is impractical and by other dog owners who are exempt from fencing requirements established under the bill; and

      (4)  establish any other requirements for the control and regulation of the free movement of dogs, as deemed by the department to be appropriate, reasonable, and necessary for the public health and safety.

     In order to facilitate the enactment, across the State, of uniform municipal ordinances addressing the leashing and fencing of free-roaming dogs, the department would be required to adopt model ordinances, incorporating the leashing and fencing standards and requirements adopted by the department, which ordinances may then be adopted by municipalities pursuant to the bill.

      The bill would require each municipality, within 180 days after the department publishes its rules and regulations, to:  adopt an ordinance, resolution, or regulation that, at a minimum, incorporates the standards and requirements established by the department and provides for the municipal enforcement of the leashing and fencing provisions of the bill; and establish a dedicated fund to finance the municipal enforcement of the bill, which fund is to be separate from the other funds of the municipality.  The municipality would be authorized to allocate to, and deposit in, the fund, moneys obtained from dog licenses and other related fees, as well as monetary penalties collected pursuant to the bill.  Moneys in the dedicated fund may be used for the following purposes only:

      (1)  to facilitate the enforcement of any standard, requirement, law, ordinance, resolution, rule, or regulation adopted by the State or municipality in relation to vicious dogs, potentially dangerous dogs, or other dogs registered in the municipality;

      (2)  to publicize the provisions of the bill and the rules, regulations, ordinances, or resolutions adopted thereunder;

      (3)  to publicize the telephone number, established pursuant to the bill's provisions, that can be used by members of the public to report violations of the State's vicious and potentially dangerous dogs act and the "Better Care Dog Act";

      (4)  to post signage related to vicious dogs, potentially dangerous dogs, or other dogs registered in the municipality;

      (5)  to provide free or discounted leashes, collars, and other dog restraints to dog owners who would otherwise be unable to afford such restraints; and

      (6)  to cover any other municipal expense incurred pursuant to this bill.

      In addition to providing for the establishment of a uniform, Statewide dog leashing and fencing system, the bill would establish the following new criminal offenses for dog owners whose unrestrained dog attacks or injures another person while off the property of the owner:

      (1)  Simple assault, as a crime of the fourth degree, when a person purposefully, knowingly, or recklessly allows a dog owned thereby to be unrestrained in a residential neighborhood, park, or other publicly accessible open space, or purposefully, knowingly, or recklessly fails to comply with requirements imposed by a court, pursuant to P.L.1989, c.307 (C.4:19-17 et seq.), in association with the person's ownership of a potentially dangerous dog or vicious dog, and the dog, as a result of the owner's actions, attacks and causes bodily injury to another person;

      (2)  Aggravated assault, as a crime of the third degree, when a person purposefully, knowingly, or recklessly allows a dog owned thereby to be unrestrained in a residential neighborhood, park, or other publicly accessible open space, or purposefully, knowingly, or recklessly fails to comply with requirements imposed by a court, pursuant to P.L.1989, c.307 (C.4:19-17 et seq.), in association with the person's ownership of a potentially dangerous dog or vicious dog, and the dog, as a result of the owner's actions, attacks and causes serious bodily injury to another person;

      (3)  Criminal homicide via death by dog, when a person purposely, knowingly, or recklessly allows a dog owned thereby to be unrestrained in a residential neighborhood, park, or other publicly accessible open space, and the unrestrained dog kills another person in an unprovoked attack;

      (4)  Endangering the welfare of a child, as a crime of the second degree, when a person purposely, knowingly, or recklessly allows a dog owned thereby to be unrestrained while in a residential neighborhood, park, or other publicly accessible open space in which a child may be present, and the dog, while unrestrained, kills a child;

      (5)  Endangering the welfare of a child, as a crime of the third degree, when a person purposely, knowingly, or recklessly allows a dog owned thereby to be unrestrained while in a residential neighborhood, park, or other publicly accessible open space in which a child may be present, and the dog, while unrestrained, causes serious bodily injury to a child;

      (6)  Endangering the welfare of a child, as a crime of the fourth degree, when a person purposely, knowingly, or recklessly allows a dog owned thereby to be unrestrained while in a residential neighborhood, park, or other publicly accessible open space in which a child may be present, and the dog, while unrestrained, causes bodily injury to a child; and

      (7)  Endangering the welfare of a child, as a disorderly persons offense, when a person purposely, knowingly, or recklessly allows a dog owned thereby to be unrestrained while in a residential neighborhood, park, or other publicly accessible open space in which a child may be present, and the dog, while unrestrained, attacks a child without causing bodily injury.

      The bill would further provide that, in any prosecution undertaken pursuant to the bill's provisions, it will be an affirmative defense that the dog:  (1) was provoked into attacking the victim; (2) was defending or protecting itself or its offspring from injury or attack; or (3) was defending or protecting its owner from injury or attack, provided that the owner was not, at the time, engaged in a criminal offense.

      The bill would also amend the State law pertaining to potentially dangerous and vicious dogs, in order to clarify that the law's special registration and licensure requirements and enhanced dog care restrictions are equally applicable both to potentially dangerous dogs and to vicious dogs that have not been ordered euthanized.

      Finally, the bill would provide that, whenever a person registers or licenses a dog with a municipality, the municipal clerk or other official issuing the license will be required to provide the person with notice of:  the new criminal offenses established by the bill; the provisions of the State's vicious and potentially dangerous dogs act; the provisions of sections 4 of this bill, pertaining to dog leashing and fencing; and any other provisions, adopted by ordinance, resolution, rule, or regulation of the State or municipality, that govern the leashing, restraint, or movement of dogs.

      The provisions of the bill requiring the Department of Health to adopt rules and regulations to implement the new, uniform dog leashing and fencing system, and the provisions of the bill requiring each municipality in the State to adopt ordinances, regulations, or resolutions consistent with that uniform Statewide system, would each become effective immediately upon the bill's enactment.  In order to provide the department and each municipality with enough time to complete the regulatory action needed to effectively implement the bill, the remaining provisions of the bill would remain inoperable until the first day of the first year next following the date of enactment.