Bill Text: NJ S2165 | 2018-2019 | Regular Session | Introduced
Bill Title: Revises animal cruelty offenses involving neglect and abuse, and the penalties therefor; repeals appropriate sections of law.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2018-05-31 - Transferred to Senate Environment and Energy Committee [S2165 Detail]
Download: New_Jersey-2018-S2165-Introduced.html
Sponsored by:
Senator JEFF VAN DREW
District 1 (Atlantic, Cape May and Cumberland)
SYNOPSIS
Revises animal cruelty offenses involving neglect and abuse, and the penalties therefor; repeals appropriate sections of law.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning animal cruelty, abuse, and neglect of animals, supplementing Title 4 of the Revised Statutes, and amending and repealing various parts of statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.4:22-15 is amended to read as follows:
4:22-15. As used in this article:
As used in this article:
"Animal" [or "creature" includes] means any member of the whole brute creation. The term "animal" shall not include human beings.
"Animal cruelty investigator" means a person 18 years of age or older who is a certified animal control officer who has satisfactorily completed a course of study on animal cruelty investigation approved by the Commissioner of Health and Senior Services and the Police Training Commission, in consultation with the New Jersey Animal Control Officers Association, and properly authorized by the governing body of a municipality to be an animal cruelty investigator.
"Bait" means to provoke or harass an animal with the purpose of causing the animal to attack something, a person, or another animal, or to do so with the purpose of training an animal for, or to cause an animal to engage in, a fight with or among other animals.
"Bodily injury" means physical pain, illness or any impairment of physical condition.
"Caretaker" means a person who is in possession of an animal and a person upon whom the care, health, safety and welfare of the animal are primarily dependent.
"Domestic livestock" means "domestic livestock" as defined pursuant to section 1 of P.L.1995, c.311 (C.4:22-16.1).
"Domesticated animal" means a domestic companion animal as defined pursuant to subsection u. of N.J.S.2C:20-1 or any animal of a species commonly kept as a domestic companion animal. "Domesticated animal" shall not include domestic livestock.
"Euthanasia" means the act of inducing painless death.
"Euthanize" means the application of euthanasia to an animal.
"Intimate parts" means the following body parts: sexual organs, genital area, anal area, inner thigh, groin, buttock, or breast.
"Necessary care" means care sufficient to preserve the health and well-being of an animal, and except for emergencies or circumstances beyond the reasonable control of the person responsible for the care of the animal, includes, but is not limited to: (1) food of sufficient quantity and quality to allow for normal growth or maintenance of body weight; (2) open or adequate access to drinkable water of an appropriate temperature in sufficient quantity and quality to satisfy the animal's needs; (3) access to adequate protection from the weather [; and], including access to an enclosed non-hazardous structure sufficient to protect the animal from the weather that has adequate bedding to protect against cold and dampness, and adequate protection from extreme or excessive sunlight and from overexposure to the sun, heat and other weather conditions; (4) veterinary care deemed necessary by a reasonably prudent person to prevent or relieve injury, neglect or disease, alleviate suffering, and maintain health; and (5) reasonable access to a clean and adequate exercise area.
"Overwork" means knowingly overdrive, overload, drive when overloaded, or otherwise subject an animal to work beyond its ability to work without bodily injury, or causing or procuring such acts to be done.
"Owner [" or "person" includes a corporation, and the knowledge and acts of an agent or employee of a corporation in regard to animals transported, owned, employed or in the custody of the corporation shall be imputed to the corporation.] of an animal" or "owner of the animal" means a person who is the caretaker of an animal in question and has the legal right of possession of the animal and any legal title to its ownership.
"Person" means "person" as defined under subsection g. of N.J.S.2C:1-14.
"Possession" means having physical custody of, having legal custody over, being in charge of, or having physical control over an animal, whether temporarily or as an owner of the animal, or a building, premises, or other real property.
"Serious bodily injury" means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
"Sexual contact" means an intentional touching by a person of the intimate parts of an animal or an intentional act by the person that causes an animal to touch the person's intimate parts, for the purpose of arousing or gratifying the sexual desire of the person or to in any way harm the animal or any person.
"Sexual penetration" means vaginal intercourse, cunnilingus, fellatio, anal intercourse, or the insertion of any appendage or object into the anus or vagina, for the purpose of arousing or gratifying the sexual desire of the person or to in any way harm the animal.
"Significant bodily injury" means bodily injury which creates a temporary loss of the function of any bodily member or organ or temporary loss of any one of the five senses.
"Torment" means to excessively harass or annoy by means of a type of action or treatment, the repetitiveness of the action or treatment, or its duration, or to cause unnecessary or extreme physical discomfort or annoyance.
"Torture" means to inflict, subject to, or prolong exposure to, severe or extreme pain or bodily injury, unnecessarily and for the purpose of inflicting, or prolonging exposure to, severe or extreme pain.
(cf: P.L.2013, c.88, s.1)
2. R.S.4:22-16 is amended to read as follows:
4:22-16. Nothing contained in [this act] chapter 22 of Title 4 of the Revised Statutes or P.L. , c. (C. ) (pending before the Legislature as this bill) shall be construed to prohibit or interfere with:
a. Properly conducted scientific experiments performed under the authority of the Department of Health [and Senior Services], the Department of Agriculture, or the United States Department of Agriculture. Those departments may authorize the conduct of such experiments or investigations by agricultural stations and schools maintained by the State or federal government, or by any public or private schools, medical societies, universities, colleges and institutions incorporated or authorized to do business in this State and having among their corporate purposes investigation into the causes, nature, prevention and cure of diseases in [men] human beings and animals; and may for cause revoke such authority.
b. The killing or disposing of an animal by virtue of the order of a constituted authority of the State or the federal government.
c. The shooting or taking of game or game fish in such manner and at such times as is allowed or provided by the laws of this State.
d. The training or engaging of a dog to accomplish a task or participate in an activity or exhibition designed to develop the physical or mental characteristics of that dog. These activities shall be carried out in accordance with the practices, guidelines or rules established by an organization founded for the purpose of promoting and enhancing working dog activities or exhibitions; in a manner which does not adversely affect the health or safety of the dog; and may include avalanche warning, guide work, obedience work, carting, dispatching, freight racing, packing, sled dog racing, sledding, tracking, and weight pull demonstrations.
e. The raising, keeping, care, treatment, marketing, and sale of domestic livestock in accordance with the standards developed and adopted therefor pursuant to subsection a. of section 1 of P.L.1995, c.311 (C.4:22‑16.1).
f. The killing or disposing of, by a reasonable or commercially acceptable method or means, a Norway or brown rat (Rattus norvegicus), black rat (Rattus rattus), or house mouse (Mus musculus) by any person, or with the permission or at the direction of that person, while the animal is on property either owned or leased by, or otherwise under the control of, that person, provided that the animal is not a pet.
g. The properly conducted practice of veterinary medicine by a licensed veterinarian.
(cf: P.L.1997, c.88, s.1)
3. The title to part B of article 2 of chapter 22 of Title 4 of the Revised Statutes is amended to read as follows:
B. [MISDEMEANORS AND FINES] CRIMINAL OFFENSES AND PENALTIES; PROHIBITED METHODS FOR DESTRUCTION OF ANIMALS.
(cf: Title, part B, article 2, chapter 22, Title 4 of the Revised Statutes)
4. (New section) a. (1) A person is guilty of animal neglect if the person purposely, knowingly or recklessly fails to provide necessary care to an animal for which the person is the owner or caretaker, or leaves an animal unattended in a vehicle under inhumane conditions adverse to the health or welfare of the animal.
(2) A person is guilty of aggravated animal neglect if the person purposely, knowingly or recklessly fails to provide necessary care to an animal for which the person is the owner or caretaker, and as a result, the animal suffers bodily injury, or death.
(3) A person is guilty of extreme animal neglect if the person purposely, knowingly, or recklessly fails to provide necessary care to an animal for which the person is the owner or caretaker, for a period of time and to a degree that, as a result, the animal suffers significant negative impact to its health and well-being, as evidenced by severe undernourishment, emaciation, or other manifest severe deterioration in the physical condition of the animal, regardless of whether the animal dies as a result of the failure to provide necessary care.
Animal neglect is a disorderly persons offense; aggravated animal neglect is a crime of the fourth degree; and extreme animal neglect is a crime of the third degree.
b. For purposes of determining whether a person has failed to provide necessary care to an animal, a court shall consider whether the person has provided the following: (1) food of sufficient quantity and quality to allow for normal growth or maintenance of body weight; (2) open or adequate access to drinkable water of an appropriate temperature in sufficient quantity to satisfy the needs of the animal; (3) access to an enclosed non-hazardous structure sufficient to protect the animal from the weather and having adequate bedding to protect against cold and dampness; (4) adequate protection from extreme or excessive sunlight and from overexposure to the sun, heat and other weather conditions; (5) veterinary care deemed necessary by a reasonably prudent person to prevent or relieve injury, neglect or disease, or distress from these conditions; and (6) reasonable access to a clean and adequate exercise area.
c. For the purposes of subsection a. of this section, the owner or operator of a kennel, pet shop, shelter, or pound defined and licensed pursuant to P.L.1941, c.151 (C.4:19-15.1 et seq.) and any employee or member of the staff of such a kennel, pet shop, shelter or pound shall be deemed an owner or a caretaker of any animal in the kennel, pet shop, shelter, or pound, as applicable. Failure of such an owner or caretaker at a shelter or a pound to provide necessary care concerning veterinary care or reasonable access to a clean and adequate exercise area shall not constitute a violation pursuant to subsection a. of this section if the owner or caretaker:
(1) has provided all other aspects of necessary care as determined by the court; and
(2) has complied with the rules and regulations adopted pursuant to section 14 of P.L.1941, c.151 (C.4:19-15.14) with respect to the provision of veterinary care and exercise.
d. With respect to domestic livestock, there shall be no violation of subsection a. of this section if the owner or caretaker has complied with the standards established by regulation by the Department of Agriculture pursuant to section 1 of P.L.1995, c.311 (C.4:22-16.1), except if the domestic livestock is a domesticated animal.
5. (New section) a. A person is guilty of animal abuse if the person attempts to cause or causes unnecessary bodily injury to an animal through any means, overworks an animal, or subjects an animal to unnecessary violence. Animal abuse is a disorderly persons offense.
b. For purposes of subsection a. of this section, it shall be a violation to use a living bird or other living animal for the purpose of a target or shooting at such an animal for amusement or as a test of skill in marksmanship, or to shoot at such an animal or be a party to such uses and shooting, or to lease, provide or otherwise permit to be used a building, room, field or other premises of which the person is the owner or is in possession for the purpose of such uses or shooting.
c. Each animal involved in a violation of subsection a. shall constitute a separate and distinct offense.
6. (New section) a. A person is guilty of aggravated animal abuse if the person:
(1) purposely causes unnecessary bodily injury to an animal;
(2) knowingly poisons an animal, thereby causing serious bodily injury or significant bodily injury to, or the death of, the animal;
(3) attempts to cause unnecessary serious bodily injury or significant bodily injury to, or the death of, the animal;
(4) recklessly, under circumstances manifesting extreme indifference to the value of life, torments, tortures, or otherwise causes unnecessary serious bodily injury or significant bodily injury to an animal, or recklessly causes such torment, torture, or injury to be done;
(5) knowingly torments, tortures, or otherwise causes unnecessary serious bodily injury or significant bodily injury to an animal, or knowingly causes such torment, torture, or injury to be done;
(6) purposely or knowingly commits an act of sexual penetration or sexual contact with any animal, whether living or dead;
(7) implants or places in or on an animal, by surgery, ingestion, or other means, a controlled dangerous substance or controlled substance analog as defined in Title 2C of the New Jersey Statutes, or otherwise uses the animal to facilitate the commission of, or an attempt to commit, or flight after committing or attempting to commit, any crime or offense enumerated in chapter 35 or 36 of Title 2C of the New Jersey Statutes, or causes or procures such acts to be done; or
(8) purposely, knowingly, or recklessly torments, tortures, or otherwise causes unnecessary serious bodily injury or significant bodily injury to an animal, and kills or causes the death of the animal.
Aggravated animal abuse under paragraphs (1) through (4) of this subsection is a crime of the fourth degree. Aggravated animal abuse under paragraphs (5) through (7) of this subsection is a crime of the third degree. Aggravated animal abuse under paragraph (8) of this subsection is a crime of the second degree.
b. Each animal involved in violation of subsection a. of this section shall constitute a separate and distinct offense.
7. (New section) a. For a conviction for violation of section 4, 5, or 6 of P.L. , c. (C. ) (pending before the Legislature as this bill) or R.S.4:22-24, in addition to imposing any other appropriate penalties established for an offense pursuant to Title 2C of the New Jersey Statutes or chapter 22 of Title 4 of the Revised Statutes, the court:
(1) shall impose on the violator, in addition to any sentenced term of imprisonment, an additional term of community service of up to 30 days, and may direct that the term of community service imposed pursuant to this paragraph be served by 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; and
(2) may require the violator to pay restitution 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, to any individual, agency, entity, or organization bearing such costs or investigating the violation, 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 the facility providing for the shelter and care of the animal or animals involved in the violation.
b. The court also shall order:
(1) any person found guilty of a violation of section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill) or R.S.4:22-24 to receive mental health counseling by a licensed psychiatrist, psychologist or therapist for an appropriate period of time;
(2) a juvenile adjudicated delinquent for an act which, if committed by an adult, would constitute a violation of section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill) or R.S.4:22-24, to receive mental health counseling by a licensed psychiatrist, psychologist, or therapist for an appropriate period of time; and
(3) the cost of the mental health counseling to be paid by the person found guilty of the offense, or, in the case of a juvenile, by the parents or other legal guardian of the juvenile. In cases of extreme financial hardship, the court may order an alternative remedy that would serve a purpose comparable to that of mental health counseling.
c. In addition to any other penalty or penalties imposed, the court may order the violator to forfeit the possession of any animal that was the subject of the committed offense, and may order custody and care of the animal to be assigned to an appropriate person, agency, organization, or entity. When the court orders a violator to forfeit possession of an animal, the court may further order that all rights to possess the animal be given over to an appropriate person, agency, organization, or entity 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 the humane treatment of animals. The court may also order the forfeiture of other animals owned by, or in the possession of, the violator, and that all rights to possess any such animals be given over to an appropriate person, organization, or entity.
d. Except in cases of extreme financial hardship, the court may require a person subject to forfeiture of an animal, pursuant to subsection c. of this section or other provisions of chapter 22 of Title 4 of the Revised Statutes, to make 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, serious bodily injury, or significant bodily injury caused by the violation of chapter 22 of Title 4 of the Revised Statutes that resulted in the forfeiture of the animal.
e. The court may order restrictions on the ownership of an animal by a person who violates any criminal provision concerning animal cruelty pursuant to chapter 19 or 22 of Title 4 of the Revised Statutes, including, but not limited to, imposing a prohibition against the ownership or care of an animal, which may be for the life of the violator or for such period of time as may be ordered by the court.
8. Section 14 of P.L.1941, c.151 (C.4:19-15.14) is amended to read as follows:
14. a. The [State] Department of Health shall, within six months [of] after the [approval of this act] date of enactment of P.L.1941, c.151 (C.4:19-15.1 et seq.) and with the [co-operation] cooperation and assistance of the [State] Department of Agriculture, prepare and promulgate rules and regulations governing the sanitary conduct and operation of kennels, pet shops, shelters and pounds, to preserve sanitation therein and prevent the spread of rabies and other diseases of dogs within and from such establishments.
[Such] b. No later than 180 days after the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), the Department of Health shall revise the rules and regulations promulgated pursuant to subsection a. of this section, or any subsequent revisions thereof, to comply with the provisions of section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), if the Department of Health determines it is necessary.
The provisions of the rules and regulations promulgated pursuant to subsection a. of this section, or any subsequent revisions thereof, need not require veterinary care designed to prevent or relieve injury, neglect or disease, or require reasonable access to a clean and adequate exercise area. The Department of Health shall require kennels, pet shops, shelters and pounds to provide prompt, basic veterinary care and, to the extent possible as determined by the department, appropriate exercise or appropriate access to an exercise area.
c. The rules and regulations adopted pursuant to subsections a. and b. of this section shall be enforced by the [State] Department of Health [and by], local boards of health, and local health agencies.
(cf: P.L.1941, c.151, s.14)
9. R.S.4:22-18 is amended to read as follows:
4:22-18. A person who shall carry, or cause to be carried, [a living] an animal [or creature] in or upon a vehicle or otherwise, in a cruel or inhumane manner, shall be guilty of a disorderly persons offense and punished as provided [in subsection a. of R.S.4:22-17] pursuant to Title 2C of the New Jersey Statutes and section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill), as appropriate.
(cf: P.L.2001, c.229, s.2)
10. R.S.4:22-19 is amended to read as follows:
4:22-19. A person who [shall:
a. Impound or confine, or cause to be impounded or confined, in a pound or other place, a living animal or creature, and shall fail to supply it during such confinement with a sufficient quantity of good and wholesome food and water; or
b. Destroy or cause] destroys an animal or causes an animal to be destroyed [any such animal] by hypoxia induced by decompression or [in any other manner] any other means, by the administration of a lethal gas other than an inhalant anesthetic, or in any other manner except by a method of euthanasia generally accepted by the veterinary medical profession as being reliable, appropriate to the type of animal upon which it is to be employed, and capable of producing loss of consciousness and death as rapidly and painlessly as possible for [such] the animal, shall [, in the case of a violation of subsection a.,] be guilty of a disorderly persons offense [and shall be punished as provided in subsection a. of R.S.4:22-17; or, in the case of a violation of subsection b., be subject to a penalty of $25 for the first offense and $50 for each subsequent offense. Each animal destroyed in violation of subsection b. shall constitute a separate offense. The penalty shall be collected in accordance with the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.) and all money collected shall be remitted to the State.
This section shall apply to kennels, pet shops, shelters and pounds as defined and licensed pursuant to P.L.1941, c.151 (C.4:19-15.1 et seq.); to pounds and places of confinement owned and operated by municipalities, counties or regional governmental authorities; and to every contractual warden or impounding service, any provision to the contrary in this title notwithstanding]. Notwithstanding the provisions of N.J.S.2C:43-3 to the contrary, any person found guilty of such an offense, for each such offense, shall be subject to a fine of not less than $500 nor more that $2,500, or a term of imprisonment of not more than six months, or both, in the discretion of the court. Each animal involved in the violation shall constitute a separate and distinct offense.
(cf: P.L.2001, c.229, s.3)
11. R.S.4:22-24 is amended to read as follows:
4:22-24. a. A person who shall:
[a.] (1) Keep, use, be connected with or interested in the management of, or receive money for the admission of a person to, a place kept or used for the purpose of fighting or baiting [a living] animal [or creature];
[b.] (2) Be present and witness, pay admission to, encourage or assist therein;
[c.] (3) Permit or suffer a place owned or controlled by [him] the person to be so used;
[d.] (4) For amusement or gain, cause, allow, or permit the fighting or baiting of [a living] an animal or [creature];
[e.] (5) Own, possess, keep, train, promote, purchase, or knowingly sell [a living] an animal [or creature] for the purpose of fighting or baiting that animal [or creature]; or
[f.] (6) Gamble on the outcome of a fight involving [a living] an [animal or creature]--
Shall be guilty of a crime of the third degree.
For the purposes of this section "bait" means to attack with violence, to provoke, or to harass an animal with one or more animals for the purpose of training the animal for, or to cause an animal to engage in, a fight with or among other animals.
b. In addition to imposing any other appropriate penalties established for a crime of the third degree pursuant to Title 2C of the New Jersey Statutes, the court shall order the appropriate penalties as provided pursuant to section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.2015, c.85, s.4)
12. The title to part C of article 2 of chapter 22 of Title 4 of the Revised Statutes is amended to read as follows:
C. CIVIL PENALTIES; RECOVERY.
(cf: Title, part C, article 2, chapter 22, Title 4 of the Revised Statutes)
13. R.S.4:22-26 is amended to read as follows:
4:22-26. A person who shall:
a. (1) [Overdrive, overload, drive when overloaded, overwork, abuse, or needlessly kill a living animal or creature, or cause or procure, by any direct or indirect means, including but not limited to through the use of another living animal or creature, any such acts to be done] Cause or attempt to cause unnecessary bodily injury to an animal through any means, overwork an animal, or subject an animal to unnecessary violence; purposely cause unnecessary bodily injury to an animal; or attempt to cause unnecessary serious bodily injury or significant bodily injury to, or death of, an animal;
(2) [Torment,] Recklessly, under circumstances manifesting extreme indifference to the value of life, torment, torture, maim, hang, knowingly poison, or otherwise cause unnecessary serious bodily injury or significant bodily injury to an animal; recklessly cause such torment, torture or injury to be done, and thereby cause serious bodily injury or significant bodily injury to, or death of, the animal; unnecessarily or cruelly beat, cruelly abuse, or needlessly mutilate [a living] an animal [or creature,] ; or cause [or procure, by any direct or indirect means, including but not limited to through the use of another living animal or creature,] any such acts to be done;
(3) [Cause the death of, or serious bodily injury to, a living animal or creature from commission of any act described in paragraph (2), (4), or (5) of this subsection, by any direct or indirect means, including but not limited to through the use of another living animal or creature, or otherwise cause or procure any such acts to be done;
(4) Fail, as the owner or a person otherwise charged with the care of a living animal or creature, to provide the living animal or creature with necessary care, or otherwise cause or procure such an act to be done; or
(5) Cause bodily injury to a living animal or creature from commission of the act described in paragraph (4) of this subsection] Kill, or cause the death of an animal, by purposely, knowingly, or recklessly tormenting, torturing, or otherwise causing unnecessary serious bodily injury or significant bodily injury to an animal;
(4) Knowingly torment, torture or otherwise cause unnecessary serious bodily injury or significant bodily injury to an animal, or knowingly cause such torment, torture or injury to be done;
(5) Purposely cause unnecessary bodily injury to an animal;
(6) Cause serious bodily injury or significant bodily injury to, or the death of, the animal by knowingly poisoning an animal; or
(7) Attempt to cause unnecessary serious bodily injury to, or death of, an animal;
(8) Fail to provide necessary care to an animal for which the person is the owner or caretaker, which failure does not result in the animal suffering physical pain, illness, any impairment of physical condition, or death;
(9) Fail to provide necessary care to an animal for which the person is the owner or caretaker, and thereby cause the animal to suffer physical pain, illness, any impairment of physical condition, or death; or
(10) Fail to provide necessary care to an animal for which the person is the owner or caretaker, for a period of time and to such a degree that the failure results in a significant negative impact on the health and well-being of the animal, as evidenced by severe undernourishment, emaciation, or other manifest severe deterioration in the physical condition of the animal, regardless of whether the animal dies as a result;
b. (Deleted by amendment, P.L.2003, c.232)
c. [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] Leave an animal [or creature] unattended in a vehicle under inhumane conditions adverse to the health or welfare of the [living] animal [or creature];
d. Receive or offer for sale a horse that is suffering from abuse or neglect, or which by reason of disability, disease, abuse or lameness, or any other cause, could not be worked, ridden or otherwise used for show, exhibition or recreational purposes, or kept as a domestic pet without violating the provisions of article 2 of chapter 22 of Title 4 of the Revised Statutes;
e. Keep, use, be connected with or interested in the management of, or receive money or other consideration for the admission of a person to, a place kept or used for the purpose of fighting or baiting [a living] an animal [or creature];
f. Be present and witness, pay admission to, encourage, aid or assist in an activity enumerated in subsection e. of this section;
g. Permit or suffer a place owned or controlled by [him] the person to be used as provided in subsection e. of this section;
h. Carry, or cause to be carried, [a living] an animal [or creature] in or upon a vehicle or otherwise, in a cruel or inhumane manner;
i. Use a dog or dogs for the purpose of drawing or helping to draw a vehicle for business purposes;
j. [Impound or confine or cause to be impounded or confined in a pound or other place a living animal or creature, and shall fail to supply the living animal or creature during such confinement with a sufficient quantity of good and wholesome food and water;] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
k. Abandon a maimed, sick, infirm or disabled animal [or creature] to die in a public place;
l. Willfully sell, or offer to sell, use, expose, or cause or permit to be sold or offered for sale, used or exposed, a horse or other animal having the disease known as glanders or farcy, or other contagious or infectious disease dangerous to the health or life of human beings or animals, or who shall, when any such disease is beyond recovery, refuse, upon demand, to deprive the animal of life;
m. Own, operate, manage or conduct a roadside stand or market for the sale of merchandise along a public street or highway; or a shopping mall, or a part of the premises thereof; and keep [a living] an animal [or creature] confined, or allowed to roam in an area whether or not the area is enclosed, on these premises as an exhibit; except that this subsection shall not be applicable to: a pet shop licensed pursuant to P.L.1941, c.151 (C.4:19-15.1 et seq.); a person who keeps an animal, in a humane manner, for the purpose of the protection of the premises; or a recognized breeders' association, a 4-H club, an educational agricultural program, an equestrian team, a humane society or other similar charitable or nonprofit organization conducting an exhibition, show or performance;
n. Keep or exhibit a wild animal at a roadside stand or market located along a public street or highway of this State; a gasoline station; or a shopping mall, or a part of the premises thereof;
o. Sell, offer for sale, barter or give away or display live baby chicks, ducklings or other fowl or rabbits, turtles or chameleons which have been dyed or artificially colored or otherwise treated so as to impart to them an artificial color;
p. Use any animal, reptile, or fowl for the purpose of soliciting any alms, collections, contributions, subscriptions, donations, or payment of money except in connection with exhibitions, shows or performances conducted in a bona fide manner by recognized breeders' associations, 4-H clubs or other similar bona fide organizations;
q. Sell or offer for sale, barter, or give away living rabbits, turtles, baby chicks, ducklings or other fowl under two months of age, for use as household or domestic pets;
r. Sell, offer for sale, barter or give away living baby chicks, ducklings or other fowl, or rabbits, turtles or chameleons under two months of age for any purpose not prohibited by subsection q. of this section and who shall fail to provide proper facilities for the care of such animals;
s. Artificially mark sheep or cattle, or cause them to be marked, by cropping or cutting off both ears, cropping or cutting either ear more than one inch from the tip end thereof, or half cropping or cutting both ears or either ear more than one inch from the tip end thereof, or who shall have or keep in the person's possession sheep or cattle, which the person claims to own, marked contrary to this subsection unless they were bought in market or of a stranger;
t. Abandon a domesticated animal;
u. For amusement or gain, cause, allow, or permit the fighting or baiting of [a living] an animal [or creature];
v. Own, possess, keep, train, promote, purchase, or knowingly sell [a living] an animal [or creature] for the purpose of fighting or baiting that animal [or creature];
w. Gamble on the outcome of a fight involving [a living] an animal [or creature];
x. Knowingly sell or barter or offer for sale or barter, at wholesale or retail, the fur or hair of a domestic dog or cat or any product made in whole or in part from the fur or hair of a domestic dog or cat, unless such fur or hair for sale or barter is from a commercial grooming establishment or a veterinary office or clinic or is for use for scientific research;
y. (1) Knowingly sell or barter, or offer for sale or barter, at wholesale or retail, for human consumption, the flesh of a domestic dog or cat, or any product made in whole or in part from the flesh of a domestic dog or cat;
(2) Knowingly slaughter a horse for human consumption;
(3) Knowingly sell or barter, or offer for sale or barter, at wholesale or retail, for human consumption, the flesh of a horse, or any product made in whole or in part from the flesh of a horse, or knowingly accept or publish newspaper advertising that includes the offering for sale, trade, or distribution of any such item for human consumption;
(4) Knowingly transport a horse for the purpose of slaughter for human consumption;
(5) Knowingly transport horsemeat, or any product made in whole or in part from the flesh of a horse, for the purpose of human consumption;
z. Surgically debark or silence a dog in violation of section 1 or 2 of P.L.2002, c.102 (C.4:19-38 or C.4:19-39);
aa. Use a live pigeon, fowl or other bird for the purpose of a target, or to be shot at either for amusement or as a test of skill in marksmanship, except that this subsection and subsections bb. and cc. shall not apply to the shooting of game;
bb. Shoot at a bird used as described in subsection aa. of this section, or is a party to such shooting; [or]
cc. Lease a building, room, field or premises, or knowingly permit the use thereof for the purposes of subsection aa. or bb. of this section;
dd. Commit an act of sexual penetration or sexual contact with any animal, whether living or dead; or
ee. Implant or place in or on an animal, by surgery, ingestion, or other means, a controlled dangerous substance or controlled substance analog as defined in Title 2C of the New Jersey Statutes, or otherwise use the animal to facilitate the commission of, or an attempt to commit, or flight after committing or attempting to commit, any crime or offense enumerated in chapter 35 or 36 of Title 2C of the New Jersey Statutes, or cause or procure such acts to be done --
Shall forfeit and pay a sum according to the following schedule, to be sued for and recovered, with costs, in a civil action in accordance with R.S.4:22-32, by any person in the name of the municipality or county wherein the defendant resides or where the offense was committed:
For a violation of subsection ee. or paragraph (3) of subsection a. of this section, a sum of not less than $5,000 nor more than $10,000;
For a violation of subsection e., f., g., u., v., w., [or] z., or dd. of this section or of paragraph [(3)] (2), (4), or (10) of subsection a. of this section, [or for a second or subsequent violation of paragraph (2) or (5) of subsection a. of this section,] a sum of not less than $3,000 nor more than $5,000;
For a violation of subsection l. of this section, for a [first] violation of paragraph [(2) or] (5) , (6), (7), or (9) of subsection a. of this section, a sum of not less than [$1,000] $1,500 nor more than $3,000;
[For a violation of paragraph (4) of subsection a. of this section, or subsection c. of this section, a sum of not less than $500 nor more than $2,000;]
For a violation of subsection c., d., h., k., aa., bb., or cc. of this section or of paragraph (1) of subsection a. of this section, a sum of not less than $500 nor more than $2,500;
For a violation of subsection x. or paragraph (1) of subsection y. of this section, a sum of not less than $500 nor more than $1,000 for each domestic dog or cat fur or fur or hair product or domestic dog or cat carcass or meat product sold, bartered, or offered for sale or barter;
For a violation of paragraph (2), (3), (4), or (5) of subsection y. of this section, a sum of not less than $500 nor more than $1,000 for each horse slaughtered or transported for the purpose of slaughter for human consumption, or for each horse carcass or meat product transported, sold or bartered, or offered or advertised for sale or barter;
For a violation of subsection t. of this section, a sum of not less than $500 nor more than $1,000, but if the violation occurs on or near a highway, a mandatory sum of $1,000;
For a violation of subsection [d., h.,] j., [k., aa., bb., or cc. of this section or of paragraph (1) of subsection a. of this section,] a sum of not less than $250 nor more than $1,000; and
For a violation of subsection i., m., n., o., p., q., r., or s. of this section, a sum of not less than $250 nor more than $500.
(cf: Advance Law, P.L.2017, c.331,
s.13)
14. 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)
15. R.S.4:22-51 is amended to read as follows:
4:22-51. When [a living] an animal [or creature] is impounded or confined [as provided in section 4:22-19 of this title], and [shall continue to be without] is not provided necessary food and water for more than [twelve] 12 successive hours, any person may, from time to time as often as is necessary, enter into or upon the [pound in which] kennel, shelter, or pound where the animal [or creature] is impounded or confined and supply it with necessary food and water so long as it shall remain impounded or confined. Such person shall not be liable to an action for such entry.
The actual cost of the food, water, and bedding provided, [together with] and an additional amount of [twenty per cent additional] 20 percent of that cost, may be collected by [such] the person providing the food, water, and bedding from the owner of the animal [or creature] in an action at law [, together with costs, and the]. The animal [or creature] shall not be exempt from levy and sale upon [an execution issued upon] the issuance of a judgment therefor.
(cf: R.S.4:22-51)
16. R.S.39:4-23 is amended to read as follows:
39:4-23. No person shall either ill-treat, overdrive, override or unnecessarily or cruelly beat a horse. A person who violates this section shall be guilty of a disorderly persons offense, except that a person who unnecessarily or cruelly beats a horse shall be guilty of a crime of the fourth degree, and shall be subject to the provisions of [R.S.4:22-17,] section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill), R.S.4:22-21, and R.S.4:22-26, as appropriate.
(cf: P.L.2001, c.229, s.5)
17. R.S.4:22-17 and R.S.4:22-23 are hereby repealed.
18. (New section) Notwithstanding the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) to the contrary, any violations or offenses committed, or in the process of being adjudicated under R.S.4:22-17 or R.S.4:22-23, on or before the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), shall be adjudicated pursuant to those laws, as applicable.
19. This act shall take effect immediately.
STATEMENT
This bill revises current animal cruelty offenses in chapter 22 of Title 4 of the Revised Statutes concerning abuse, by creating a new framework of existing and new offenses designated as animal neglect, aggravated animal neglect, extreme animal neglect, animal abuse, and aggravated animal abuse. The bill:
1) establishes some new offenses and penalties therefor;
2) increases criminal penalties for a number of existing offenses;
3) revises current civil penalty provisions to reflect these revisions to criminal animal cruelty offenses; and
4) establishes a formula for the allocation of criminal fines and civil penalties collected for violations of the State animal cruelty laws.
The bill establishes additional criminal penalties, including community service, mental health counseling, restitution, confiscation of animals, and prohibitions on future ownership of animals.
