Bill Text: NJ S3146 | 2018-2019 | Regular Session | Introduced


Bill Title: Establishes owning or possessing animal fighting or dog fighting paraphernalia as crime of third degree; establishes civil animal cruelty penalties therefor.

Spectrum: Slight Partisan Bill (Democrat 11-4)

Status: (Enrolled) 2019-06-20 - Passed Assembly (Passed Both Houses) (76-0-0) [S3146 Detail]

Download: New_Jersey-2018-S3146-Introduced.html

SENATE, No. 3146

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED OCTOBER 22, 2018

 


 

Sponsored by:

Senator  TROY SINGLETON

District 7 (Burlington)

Senator  DAWN MARIE ADDIEGO

District 8 (Atlantic, Burlington and Camden)

 

 

 

 

SYNOPSIS

     Establishes owning or possessing animal fighting or dog fighting paraphernalia as crime of third degree; establishes civil animal cruelty penalties therefor.

 

CURRENT VERSION OF TEXT

     As introduced.

 


An Act concerning animal fighting and dog fighting paraphernalia and amending section 1 of P.L.2015, c.85, R.S.4:22-24, and R.S.4:22-26.

 

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

 

     1.    Section 1 of P.L.2015, c.85 (C.2C:33-31) is amended to read as follows:

     1.    a.   A person is guilty of dog fighting if that person knowingly:

     (1)  keeps, uses, is connected with or interested in the management of, or receives money for the admission of a person to, a place kept or used for the purpose of fighting or baiting a dog;

     (2)  owns, possesses, keeps, trains, promotes, purchases, breeds or sells a dog for the purpose of fighting or baiting that dog;

     (3)  for amusement or gain, causes, allows, or permits the fighting or baiting of a dog;

     (4)  permits or suffers a place owned or controlled by that person to be used for the purpose of fighting or baiting a dog;

     (5)  is present and witnesses, pays admission to, encourages or assists in the fighting or baiting of a dog; [or]

     (6)  gambles on the outcome of a fight involving a dog ; or

     (7)  owns, possesses, buys, sells, transfers, or manufactures dog fighting paraphernalia for the purpose of engaging in or otherwise promoting or facilitating the fighting or baiting of a dog.

     Dog fighting is a crime of the third degree.

     b.  (1)  In addition to any other penalty imposed, the court shall order:

     (a)   the seizure and forfeiture of any dogs or other animals used for fighting or baiting, and may upon request of the prosecutor or on its own motion, order any person convicted of a violation under this section to forfeit possession of: (i) any other dogs or other animals in the person's custody or possession; and (ii) any other property involved in or related to a violation of this section; and

     (b)  restitution, concerning the dogs or other animals seized and forfeited pursuant to subparagraph (a) of this paragraph, in the form of reimbursing any costs for all the animals' food, drink, shelter, or veterinary care or treatment, or other costs, incurred by any person, agency, entity, or organization, 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 State or local governmental entity, or a kennel, shelter, pound, or other facility.

     (2)  The court may prohibit any convicted person from having future possession or custody of any animal for any period of time the court deems reasonable, including a permanent prohibition.

     c.    For the purposes of this section ["bait"] :

     "Dog fighting paraphernalia" means equipment, products, implements, and materials of any kind that are used, intended for use, or designed for use in the training, preparation, or conditioning of a dog for fighting, or in furtherance of dog fighting.

     "Bait" means to attack with violence, to provoke, or to harass a dog with one or more animals for the purpose of training the dog for, or to cause a dog to engage in, a fight with or among other dogs.

     d.    In determining whether an object is dog fighting paraphernalia, a tryer of fact may consider:

     (1) the proximity of the object in time and space to any violation of this section;

     (2) direct or circumstantial evidence of the intent of the person to deliver the object to any person whom the person in possession of the object knows, or should reasonably know, intends to use the object to violate this section;

     (3) oral or written instructions concerning its use provided with, or found in the vicinity of, the object;

     (4) descriptive materials accompanying the object which explain or depict its use; and

     (5) any other relevant factors.

(cf:  P.L.2017, c.331, s.2)

 

     2.    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 to be so used;

     [d.]  (4)     For amusement or gain, cause, allow, or permit the fighting or baiting of a living animal or creature;

     [e.]  (5)      Own, possess, keep, train, promote, purchase, or knowingly sell a living 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 animal or creature ; or

     (7) Own, possess, buy, sell, transfer, or manufacture animal fighting paraphernalia for the purpose of engaging in or otherwise promoting or facilitating the fighting or baiting of a living animal or creature --

     Shall be guilty of a crime of the third degree.

     b.    In determining whether an object is animal fighting paraphernalia, a tryer of fact may consider:

     (1) the proximity of the object in time and space to any violation of this section;

     (2) direct circumstantial evidence of intent of the person to deliver the object to any person whom the person in possession of the object knows, or should reasonably know, intends to use the object to violate this section;

     (3) oral or written instructions concerning its use provided with, or found in the vicinity of, the object;

     (4) descriptive materials accompanying the object which explain or depicts its use; and

     (5) any other relevant factors.

     c.    For the purposes of this section ["bait"]:

     "Animal fighting paraphernalia" means equipment, products, implements, and materials of any kind that are used, intended for use, or designed for use in the training, preparation, or conditioning of an animal for fighting, or in furtherance of animal fighting, and includes, but is not limited to, the following: breaking sticks, cat mills, treadmills, fighting pits, springpoles, veterinary medicine without a prescription therefor, treatment supplies, gaffs, slashers, heels, or any other sharp implement designed to be attached in place of the natural spur of a rooster, cock, or game fowl.

     "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.

(cf:  P.L.2015, c.85, s.4)

 

     3.    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;

     (2)  Torment, torture, maim, hang, poison, unnecessarily or cruelly beat, cruelly abuse, or needlessly mutilate 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;

     (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;

     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 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 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 person's 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 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;

     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 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 animal or creature;

     v.    Own, possess, keep, train, promote, purchase, or knowingly sell a living animal or creature for the purpose of fighting or baiting that animal or creature; or own, possess, buy, sell, transfer, or manufacture animal fighting paraphernalia as defined pursuant to R.S.4:22-24 for the purpose of engaging in or otherwise promoting or facilitating the fighting or baiting a living animal or creature;

     w.   Gamble on the outcome of a fight involving a living 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 --

     Shall forfeit and pay a sum according to the following schedule, to be sued for and recovered, with costs, in a civil action 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 e., f., g., u., v., w., or z. of this section or of paragraph (3) 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) of subsection a. of this section, a sum of not less than $1,000 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 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:  P.L.2017, c.331, s.13)

 

     4.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill establishes that owning, possessing, buying, selling, transferring, or manufacturing animal fighting paraphernalia for the purpose of engaging in or otherwise promoting or facilitating the fighting or baiting a living animal or creature is a crime of the third degree under the State animal cruelty statutes.

      The bill also establishes that a person who knowingly owns, possesses, buys, sells transfers, or manufactures dog fighting paraphernalia for the purpose of engaging in or otherwise promoting or facilitating the fighting or baiting a dog is guilty of the crime of dog fighting pursuant to section 1 of P.L.1985, c.85 (C.2C:33-31), which is a crime of the third degree.

     A crime of the third degree is punishable by a term of imprisonment of three to five years, a fine of up to $15,000, or both.

     Finally, the bill establishes a civil penalty for owning, possessing, buying, selling, transferring, or manufacturing animal fighting paraphernalia of not less than $3,000 nor more than $5,000.

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