Bill Text: NJ S2158 | 2018-2019 | Regular Session | Introduced
Bill Title: Establishes minimum criminal penalties and additional court-ordered penalties for animal cruelty offenses.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2018-05-31 - Transferred to Senate Environment and Energy Committee [S2158 Detail]
Download: New_Jersey-2018-S2158-Introduced.html
Sponsored by:
Senator JEFF VAN DREW
District 1 (Atlantic, Cape May and Cumberland)
SYNOPSIS
Establishes minimum criminal penalties and additional court-ordered penalties for animal cruelty offenses.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning animal cruelty, amending R.S.4:22-17 and R.S.4:22-26.1, and supplementing chapter 22 of Title 4 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.4:22-17 is amended to read as follows:
4:22-17. a. It shall be unlawful to:
(1) Overdrive, overload, drive when overloaded, overwork, abuse, or needlessly kill a living animal or creature;
(2) Cause or procure, by any direct or indirect means, including but not limited to through the use of another living animal or creature, any of the acts described in paragraph (1) of this subsection to be done;
(3) Inflict unnecessary cruelty upon a living animal or creature, by any direct or indirect means, including but not limited to through the use of another living animal or creature; or leave the living animal or creature unattended in a vehicle under inhumane conditions adverse to the health or welfare of the living animal or creature; or
(4) Fail, as the owner or as a person otherwise charged with the care of a living animal or creature, to provide the living animal or creature with necessary care.
b. (1) A person who violates subsection a. of this section shall be guilty of a disorderly persons offense. Notwithstanding the provisions of N.J.S.2C:43-3 to the contrary, for every conviction of an offense pursuant to paragraph (1) or (2) of subsection a. of this section, the person shall be fined not less than $250 nor more than $1,000, or be imprisoned for a term of not more than six months, or both, in the discretion of the court; and for every conviction of an offense pursuant to paragraph (3) or (4) of subsection a. of this section, the person shall be fined not less than $500 nor more than $2,000, or be imprisoned for a term of not more than six months, or both, in the discretion of the court.
(2) If the person who violates subsection a. of this section has a prior conviction for an offense that would constitute a violation of subsection a. of this section, the person shall be guilty of a crime of the fourth degree.
(3) A person who violates subsection a. of this section shall also be subject to the provisions of subsections e. and f. and, if appropriate, subsection g., of this section.
(4) The action for the penalty prescribed in this subsection shall be brought in the municipal court of the municipality wherein the defendant resides or where the offense was committed, except that the municipality may elect to refer the offense to the county prosecutor to determine if the offense should be handled in the Superior Court or in municipal court.
c. It shall be unlawful to purposely, knowingly, or recklessly:
(1) Torment, torture, maim, hang, poison, unnecessarily or cruelly beat, cruelly abuse, or needlessly mutilate a living animal or creature;
(2) Cause bodily injury to a living animal or creature by failing to provide the living animal or creature with necessary care, whether as the owner or as a person otherwise charged with the care of the living animal or creature;
(3) Cause or procure an act described in paragraph (1) or (2) of this subsection to be done, by any direct or indirect means, including but not limited to through the use of another living animal or creature; or
(4) Use, or cause or procure the use of, an animal or creature in any kind of sexual manner or initiate any kind of sexual contact with the animal or creature, including, but not limited to, sodomizing the animal or creature. As used in this paragraph, "sexual contact" means any contact between a person and an animal by penetration of the penis or a foreign object into the vagina or anus, contact between the mouth and genitalia, or by contact between the genitalia of one and the genitalia or anus of the other. This term does not include any medical procedure performed by a licensed veterinarian practicing veterinary medicine or an accepted animal husbandry practice.
d. (1) A person who violates paragraph (1), (2), (3) or (4) of subsection c. of this section shall be guilty of a crime of the fourth degree, except that the person shall be guilty of a crime of the third degree if:
(a) the animal or creature dies as a result of the violation;
(b) the animal or creature suffers serious bodily injury as a result of the violation; or
(c) the person has a prior conviction for an offense that would constitute a violation of paragraph (1), (2), (3) or (4) of subsection c. of this section.
(2) A person who violates any provision of subsection c. of this section shall also be subject to the provisions of subsections e. and f. and, if appropriate, subsection g., of this section.
(3) The action for the penalty prescribed in this subsection shall be brought in the Superior Court.
e. For a violation of this section, in addition to imposing any other appropriate penalties established for [a crime of the third degree, crime of the fourth degree,] any degree of crime or a disorderly persons offense, as the case may be, pursuant to Title 2C of the New Jersey Statutes, the court (1) shall impose a term of community service of [up to] not less than 30 days for any person convicted of a criminal offense in violation of chapter 22 of Title 4 of the Revised Statutes who is not sentenced to a term of imprisonment, and may impose on a person convicted of a criminal offense in violation of chapter 22 of Title 4 of the Revised Statutes who is sentenced to a term of imprisonment, an additional term of community service of up to 30 days; and
(2) may direct that the term of community service imposed pursuant to paragraph (1) of this subsection be served in providing assistance to a county society for the prevention of cruelty to animals or any other recognized organization concerned with the prevention of cruelty to animals or the humane treatment and care of animals, or to a municipality's animal control or animal population control program, provided that the organization or municipality, as the case may be, consents to the placement of the violator and conditions for the placement are established to ensure that the service is appropriately supervised and that no animals are placed at risk by the violator's service.
f. The court also shall require any violator of this section to pay restitution, including but not limited to, the monetary cost of replacing the animal if the animal died or had to be euthanized because of the extent of the animal's injuries, or otherwise reimburse any costs for food, drink, shelter, or veterinary care or treatment, or other costs, incurred by the owner of the animal, if the owner is not the person committing the act of cruelty, or incurred by any agency, entity, or organization investigating the violation, or providing shelter or care for the animal or animals, including but not limited to a county society for the prevention of cruelty to animals, any other recognized organization concerned with the prevention of cruelty to animals or the humane treatment and care of animals, a local or State governmental entity, or a kennel, shelter, pound, or other facility providing for the shelter and care of the animal or animals involved in the violation.
g. [If] The court also:
(1) shall order a person who is convicted of a violation of chapter 22 of Title 4 of the Revised Statutes that constitutes a crime of the third, second, or first degree to receive mental health counseling by a licensed psychiatrist, psychologist or therapist for a period of time prescribed by the licensed psychologist or therapist, the cost of which shall be paid by the person guilty of the offense;
(2) shall order a juvenile who is adjudicated delinquent for an act which, if committed by an adult, would constitute a disorderly persons offense, crime of the fourth degree, or crime of the third degree pursuant to this section, [the court also shall order the juvenile] to receive mental health counseling by a licensed psychologist or therapist named by the court for a period of time to be prescribed by the licensed psychologist or therapist[.], the cost of which shall be paid by the parents or other legal guardian of the juvenile; and
(3) may order a person convicted of any other violation of chapter 22 of Title 4 of the Revised Statutes, or a juvenile adjudicated delinquent for such an act, to receive mental health counseling by a licensed psychologist or therapist for a period of time prescribed by the licensed psychologist or therapist, the cost of which shall be paid by the person convicted or the legal guardians of the juvenile, as applicable.
(cf: Advance Law, P.L.2017, c.331, s.10)
2. Section 1 of P.L.1995, c.255 (C.4:22-26.1) is amended to read as follows:
1. a. A certified animal control officer, municipal humane law enforcement officer, humane law enforcement officer of a county society for the prevention of cruelty to animals, chief humane law enforcement officer, or animal cruelty prosecutor designated pursuant to paragraph (1) of subsection a. of section 28 of P.L.2017, c.331 (C.4:22-14.4) may petition a court of competent jurisdiction to have any animal confiscated and forfeited that is owned or possessed by a person at the time the person is found to be guilty of violating [R.S.4:22-17, R.S.4:22-18, R.S.4:22-19, R.S.4:22-20 or R.S.4:22-23] an animal cruelty provision of chapter 22 of Title 4 of the Revised Statutes.
b. Upon a finding that the continued possession by that person poses a threat to the animal's welfare, the court may, in addition to any other penalty that may be imposed for a violation of [R.S.4:22-17, R.S.4:22-18, R.S.4:22-19, R.S.4:22-20 or R.S.4:22-23] an animal cruelty provision of chapter 22 of Title 4 of the Revised Statutes, adjudge an animal forfeited for such disposition as the court deems appropriate.
c. When the court orders a defendant to forfeit possession of an animal pending final disposition of the action against the defendant, the court may further order that all rights to possess the animal be given over to an appropriate person or agency demonstrating a willingness to accept and care for the animal or to an appropriate animal care agency for further disposition in accordance with accepted practices for humane treatment of animals. The court may also order forfeiture of other animals owned by, or in the possession of, the defendant, and that all rights to possess any such animal be given over to an appropriate person, organization, or entity.
d. The court may order a person convicted of a violation of chapter 22 of Title 4 of the Revised Statutes to forfeit the possession of any animal involved in the commission of the offense, and may order custody and care of the animal assigned to an appropriate person, organization, or entity. The court also may order restrictions on the ownership of an animal by a person convicted of any animal cruelty violation of chapter 22 of Title 4 of the Revised Statutes. These restrictions may include, but are not limited to, imposing a prohibition from ownership or care of an animal for a period of time or permanent prohibition from owning or caring for any animal for the natural life of the person.
e. Except in cases of extreme financial hardship, the court shall require a person subject to forfeiture of an animal pursuant to this section or other provisions of chapter 22 of Title 4 of the Revised Statutes to post a bond or make other appropriate financial arrangements to pay for the cost of caring for the animal while it is held at a kennel, shelter, pound, or other facility for the temporary care and housing of animals, including the cost of any veterinary care addressing any bodily injury caused by the violation of chapter 22 of Title 4 of the Revised Statutes that resulted in the forfeiture of the animal.
(cf: Advance Law, P.L.2017, c.331, s.14)
3. (New section) Any person who has been convicted of a criminal offense violating the provisions of chapter 22 of Title 4 of the Revised Statutes is subject to a maximum fine as provided under N.J.S.2C:43-3, and shall be subject to a minimum fine of not less than:
a. $10,000 when the offense is a crime of the first degree;
b. $5,000 when the offense is a crime of the second degree;
c. $3,000 when the offense is a crime of the third degree;
d. $1,000 when the offense is a crime of the fourth degree; or
e. $500 when the offense is a disorderly persons offense.
4. This act shall take effect immediately.
STATEMENT
This bill establishes additional penalties to be imposed by courts and minimum criminal penalties for animal cruelty offenses. The additional penalties include mandatory community service, restitution, and mental health counseling, and restrictions on ownership of an animal by a person convicted of any animal cruelty violation. The ownership restrictions include, but are not limited to, imposing a prohibition from ownership or care of an animal for a period of time or permanent prohibition from owning or caring for any animal for the natural life of the person.
