SENATE, No. 648

STATE OF NEW JERSEY

214th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION

 


 

Sponsored by:

Senator  ANDREW R. CIESLA

District 10 (Monmouth and Ocean)

 

 

 

 

SYNOPSIS

     Recodifies offenses against animals under State criminal code; increases degree of crime for certain offenses.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel

  


An Act concerning animal cruelty offenses, creating a new chapter of and supplementing Title 2C of the New Jersey Statutes, and amending and repealing various sections of statutory law.

 

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

 

     1.  (New section)  The Legislature finds and declares that there is a demonstrated link between a person abusing animals and that person abusing children, senior citizens, domestic partners, or other people; that in extreme cases, serial killers and other murderers have exhibited histories of animal abuse prior to their first murder; that cruelty in all its forms is reprehensible and should be addressed seriously and clearly by the laws of the State as criminal behavior requiring serious  and stringent penalties; and that, while there are State laws against animal cruelty dating back to the 19th century that establish such behavior as criminal, the patchwork development of the law, the passage of time, and the growth of modern perspective on life in all its forms have rendered many of these provisions archaic or at the very least in need of serious reconsideration and revision.

     The Legislature therefore determines it is in the best interest of the State and the protection of the lives and health of its residents to recodify the criminal provisions of the animal cruelty statutes currently in Title 4 of the Revised Statutes as a new chapter in Title 2C of the New Jersey Statutes, and simultaneously to update, upgrade, and revise penalties and other provisions to reflect the seriousness of the offenses against animals and the implications of offenses against animals as threats to the health and welfare of the people of the State.

 

     2.  (New section)  a.  Simple animal cruelty.  A person is guilty of simple animal cruelty if the person:

     (1)  Overdrives, overloads, drives when overloaded, overworks, deprives of necessary sustenance, or abuses;

     (2)  Causes or procures to be done any act of overdriving, overloading, driving when overloaded, overworking, deprivation of necessary sustenance, or abuse of a living animal;

     (3)  Carries, or causes to be carried, a living animal in or upon a vehicle, or otherwise transports a living animal in a cruel or inhumane manner;

     (4)  Abandons a maimed, sick, infirm or disabled living animal to die in a public place;

     (5)  Abandons a domesticated animal;


     (6)  Receives or offers for sale a horse that is suffering from abuse or neglect, or which by reason of disability, disease, abuse or lameness, or for 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  any law of the State relating to cruelty to animals;

     (7)  Uses 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;

     (8)  Shoots at a live pigeon, fowl or other bird for the purpose of a target, or is a party to such shooting;

     (9)  Leases a building, room, field or premises, or knowingly permits the use thereof for the purpose of shooting a live pigeon, fowl or other bird for the purpose of a target;

     (10)  While operating a motor vehicle, knowingly hits, runs over, or causes injury to a cat, dog, horse or cattle, without stopping, ascertaining the extent of the injury, and reporting the incident and the location of the injured animal to the nearest police station, police officer, the New Jersey Society for the Prevention of Cruelty to Animals, a district (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, with the name, address, driver's license number of the person operating the motor vehicle, and  the vehicle registration number of the vehicle; or

     (11)  Sells, barters, or offers 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, provided that the person knew or reasonably should have known that the flesh was from a domestic dog or cat or the product was made in whole or in part from the flesh of a domestic dog or cat.  As used in this paragraph and subsection, "domestic dog or cat" means a dog (Canis familiaris) or cat (Felis catus or Felis domesticus) that is generally recognized in the United States as being a household pet and shall not include coyote, fox, lynx, bobcat, or any other wild canine or feline species.

     Simple animal cruelty is a disorderly persons offense.  Notwithstanding the other provisions of  Title 2C of the New Jersey Statutes to the contrary, an offense of simple animal cruelty is punishable by a fine of not less than $250 or more than $1,000, and, in the discretion of the court, not more than six months imprisonment, or both; except that a person found guilty of violating paragraph (10) of this subsection shall be subject to a fine of not less than $100 and a term of imprisonment of not less than 30 days; paragraph (4) of this section, a fine of not less than $1,000; and  paragraphs (6), (7), or (8), an additional fine of $25 for each bird shot at or killed in violation of these paragraphs of this subsection. This subsection shall not apply to the shooting of game.

     In addition, the court shall impose a term of community service of up to 30 days, and may direct that the term of community service be served in providing assistance to the New Jersey Society for the Prevention of Cruelty to Animals, a district (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.  The court 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 any agency, entity, or organization investigating the violation, including but not limited to the New Jersey Society for the Prevention of Cruelty to Animals, a district (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, or a local or State governmental entity.  The court may also impose any other appropriate penalties established for a disorderly persons offense pursuant to Title 2C of the New Jersey Statutes.

     b.  Intentional animal cruelty.  A person is guilty of intentional animal cruelty if the person sells, barters, or offers 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, provided that the person knew or reasonably should have known that the fur or hair was from a domestic dog or cat or that the product was made in whole or in part from the fur or hair of a domestic dog or cat.

     The provisions of this subsection shall not apply to the sale or barter, or offering for sale or barter, of the fur or hair of a domestic dog or cat cut at a commercial grooming establishment or at a veterinary office or clinic or for scientific research purposes.  As used in this subsection, "domestic dog or cat" means a dog (Canis familiaris) or cat (Felis catus or Felis domesticus) that is generally recognized in the United States as being a household pet and shall not include coyote, fox,  lynx, bobcat, or any other wild canine or feline species.

     Intentional animal cruelty is a crime of the fourth degree.

     c.  Negligent animal cruelty.  A person is guilty of negligent animal cruelty if the person:

     (1)  Fails to provide a living animal of which the person has charge either as an owner or otherwise with proper food, drink, shelter or protection from the weather;

     (2)  Leaves a living animal unattended in a vehicle under inhumane conditions adverse to the health or welfare of the living animal;

     (3)  Willfully sells, or offers to sell, use, expose, or cause or permit to be sold or offered for sale, used or exposed, any horse or other animal having the disease known as glanders or farcy, or any animal having a contagious or infectious disease dangerous to the health or life of human beings or animals; or

     (4)  Refuses to have the animal humanely killed or prevents the humane killing of the animal, upon a determination that an animal is beyond treatment for, or recovery from, a contagious or infectious disease dangerous to the health or life of human beings or animals, and humane killing of the animal is the only humane treatment for the animal.

     Negligent animal cruelty is a crime of the fourth degree, punishable by a minimum of six months imprisonment.

     d.  Aggravated animal cruelty.  A person is guilty of aggravated animal cruelty if the person:

     (1)  In connection with a living animal other than a dog -

     (a)  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 living animal other than a dog;

     (b)  Is present and witnesses, pays admission to, encourages or assists therein;

     (c)  Permits or suffers a place owned or controlled by the person to be so used;

     (d)  For amusement or gain, causes, allows, or permits the fighting or baiting of a living animal other than a dog;

     (e)  Owns, possesses, keeps, trains, promotes, purchases, or knowingly sells a living animal or creature for the purpose of fighting or baiting that animal or creature; or

     (f)  Gambles on the outcome of a fight involving a living animal other than a dog; or

     (2)  Surgically debarks or silences a dog, or causes the surgical debarking or silencing of a dog, for reasons other than to protect the life or health of the dog as deemed necessary by a duly licensed veterinarian; or

     (3)  Surgically debarks or silences a dog when the person is not a duly licensed veterinarian.

     Aggravated animal cruelty is  a crime of the third degree. A dog that has been surgically debarked or silenced pursuant to an act of aggravated animal cruelty as established by this subsection may be seized at the time of the arrest of the person charged with aggravated animal cruelty, or at any time thereafter, and, upon seizure and pending final determination of the charges, shall be kept and cared for in a humane manner by an appropriate and qualified individual or entity as directed by the court.  If the person charged with aggravated animal cruelty is found guilty, the court may order forfeiture of the dog for such disposition as the court deems appropriate.  The costs of sheltering, feeding, caring for, and treating a dog seized or forfeited pursuant to this subsection, including any veterinary expenses incurred for the provision of any of those services and any other reasonably related expenses incurred, shall be borne by the person found guilty of violating paragraph (2) or paragraph (3) of this subsection.

     e.  Reckless animal cruelty.  A person is guilty of reckless animal cruelty if the person:

     (1)  Torments, tortures, maims, hangs, poisons, cruelly beats, or mutilates a living animal;

     (2)  Causes or procures the acts to be done of tormenting, torturing, maiming, hanging, poisoning, cruelly beating, or mutilating a living animal; or

     (3)  Engages in the crime of dogfighting.

     Reckless animal cruelty is a crime of the third degree, and, notwithstanding the presumption of nonimprisonment pursuant to N.J.S.2C:44-1, shall be subject to imprisonment for not less than three years.

     A person shall be considered engaging in the crime of dogfighting pursuant to paragraph (3) of this subsection if the person:

     (a)  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;

     (b)  Is present and witnesses, pays admission to, encourages or assists therein;

     (c)  Permits or suffers a place owned or controlled by the person to be so used;

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

     (e)  Owns, possesses, keeps, trains, promotes, purchases, or knowingly sells a living animal or creature for the purpose of fighting or baiting that dog; or

     (f)  Gambles on the outcome of a fight involving a dog.

     f.  Purposeful or knowing animal cruelty.  A person is guilty of purposeful or knowing animal cruelty if a living animal is killed or dies as a result of an act of reckless animal cruelty pursuant to subsection e. of this section.

     Purposeful or knowing animal cruelty is a crime of the second degree, punishable by no less than five years imprisonment.

 

     3.  (New section) a.  In addition to the penalties established in section 2 of P.L.    , c.      (C.    )(now before the Legislature as this bill), any person committing an offense pursuant to section 2 of P.L.    , c.      (C.    )(now before the Legislature as this bill) shall be subject to the following provisions:

     (1)  the court shall order the person 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;

     (2)  the court shall impose a term of community service of up to 30 days, and may direct that the term of community service be served in providing assistance to the New Jersey Society for the Prevention of Cruelty to Animals, a district (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; and

     (3)  the court may also 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 any agency, entity, or organization investigating the violation, including but not limited to the New Jersey Society for the Prevention of Cruelty to Animals, a district (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, or to a municipality's animal control or animal population control program.

     b.  In addition to the penalties established in section 2 of P.L.    , c.      (C.    )(now before the Legislature as this bill), for any juvenile committing an offense pursuant to section 2 of P.L.    , c.      (C.    )(now before the Legislature as this bill), if the juvenile is adjudicated delinquent for an act which, if committed by an adult, would constitute a disorderly persons offense, or a crime of the second, third or fourth degree pursuant to section 2 of P.L.    , c.      (C.    )(now before the Legislature as this bill),  that juvenile shall be subject to the following provisions:

     (1)  the court 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; and

     (2)  the court shall also impose a term of community service of up to 30 days, and may direct that the term of community service be served in providing assistance to the New Jersey Society for the Prevention of Cruelty to Animals, a district (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.

 

     4.  (New section)  a.  In addition to the penalties imposed pursuant to section 2 and section 3 of P.L.   , c.     (C.     ) (now before the Legislature as this bill), any person found guilty of negligent animal cruelty, reckless animal cruelty, or purposeful or knowing animal cruelty shall have any animal in the person's care forfeited by the court and the court shall issue an order restraining the person from the care or ownership of any animal.  The court shall restrain persons found guilty of negligent animal cruelty from caring for or owning any animal for no less than five years, and persons found guilty of reckless animal cruelty, from which no animal died, no less than 10 years.  The court shall permanently restrain from caring for or owning any animal persons found guilty of reckless animal cruelty from which an animal died, or of purposeful or knowing animal cruelty, for the remainder of the person's life.

     b.  Any confiscation, impoundment, or other holding of living animals, vehicles or other property in connection with violations of P.L.     , c.      (C.       ) (now before the Legislature as this bill) shall be conducted in accordance with the provisions of Title 4 of the Revised Statutes, except as may otherwise be provided under P.L.    , c.       (C.       ) (now before the Legislature as this bill).

 

     5.  (New section)  No provision of P.L.    , c.    (C.       ) (now before the Legislature as this bill) shall apply to horse racing or activities permitted pursuant to R.S.4:22-16, except for the treatment of horses used as transportation or for the transportation of goods or services on the public highways of the State outside the perimeter of property used for agricultural purposes.

 

     6.  (New section)  The indictment of a person under the provisions of P.L.    , c.    (C.       ) (now before the Legislature as this bill), or the holding of a person to bail to await the action of a grand jury or court, shall not in any way relieve that person from liability to be sued for the appropriate penalties under R.S.4:22-26.

 

     7.  (New section)  Any court having jurisdiction over violations of the provisions of P.L.    , c.     (C.       ) (now before the Legislature as this bill) may issue search warrants to enter and search buildings or places wherein it is reasonably believed that the law has been violated.

 

     8.  (New section)  Every person trained at a police academy to serve as a law enforcement officer in the State shall be provided training in the significance of, prevention of, and proper response to, animal  abuse and the provisions of State law concerning animal cruelty and offenses against animals.  The training shall include information concerning animal abuse as a precursor to other offenses against animals and offenses against human beings, the relationship of animal abuse to domestic abuse, and the identification of potential animal abuse violations and offenses against animals when investigating other incidents or crimes.

 

     9.  (New section)  Notwithstanding the provisions of section 19 of P.L.    , c.    (C.       ) (now before the Legislature as this bill) to the contrary, any violations or offenses committed, or in the process of being adjudicated under section 1 and section 2 of P.L.2002, c.102 (C.4:19-38 and C.4:19-39), R.S.4:22-17, R.S.4:22-18, R.S.4:22-20, R.S.4:22-21, R.S.4:22-22; R.S.4:22-23, R.S.4:22-24, section 1 and section 2 of P.L.1939, c.315 (C.4:22-25.1 and C.4:22-25.2), section 1 and section 2 of P.L.1999, c.307 (C. 4:22-25.3 and 4:22-25.4), or R.S.4:22-28, on or before the effective date of P.L.   , c.     (C.    ) (now before the Legislature as this bill), shall be adjudicated pursuant to those laws, as applicable.

 

     10. Section 1 of P.L.1983, c.261 (C. 2C:29-3.1) is amended to read as follows:

     1.  Any person who purposely kills a dog, horse or other animal owned or used by a law enforcement agency or a search and rescue dog , or who purposely maims or otherwise inflicts harm upon any such animal, shall be guilty of a crime of the third degree.  [Any person who purposely maims or otherwise inflicts harm upon a dog, horse or other animal owned or used by a law enforcement agency or a search and rescue dog shall be guilty of a crime of the fourth degree.]  Any person who interferes with any law enforcement officer using an animal in the performance of his official duties commits a disorderly persons offense, subject to a sentence of six months' imprisonment, some or all of which may be community service, restitution and a $1,000.00 fine.

     As used in this section, "search and rescue dog" means any dog trained or being trained for the purpose of search and rescue that is owned by an independent handler or member of a search and rescue team, and used in conjunction with local law enforcement or emergency services  organizations for the purpose of locating missing persons or evidence of arson.

(cf: P.L.2005, c.24, s.1)

 

     11.  Section 4 of P.L.1983, c.525 (C.4:19-15.16b) is amended to read as follows:

     4.  The governing body of a municipality shall, within three years of the effective date of P.L.1983, c.525, appoint a certified animal control officer who shall be responsible for animal control within the jurisdiction of the municipality and who shall enforce and abide by the provisions of section 16 of P.L.1941, c.151 (C.4:19-15.16).  The governing body shall not appoint a certified animal control officer, shall not contract for animal control services with any company that employs a certified animal control officer, and shall revoke the appointment of a certified animal control officer, who has been convicted of, or found civilly liable for, a violation of any provision of chapter 22 of Title 4 of the Revised Statutes , section 1 and section 2 of P.L. 2002, c.102 (C.4:19-38 or C. 4:19-39), or P.L.    , c.      (C.      ) (now before the Legislature as this bill), or whose name is on the list or any revision thereto established and provided by the Commissioner of Health and Senior Services pursuant to subsection c. of section 3 of P.L.1983, c.525 (C.4:19-15.16a).  The governing body shall, within 30 days after receipt thereof, review any such list or revision thereto received by the municipality and shall, within that 30-day period, take action accordingly as required pursuant to this section.

     The governing body may authorize the certified animal control officer to investigate and sign complaints, arrest violators and otherwise act as an officer for detection, apprehension and arrest of offenders against the animal control, animal welfare and animal cruelty laws of the State and ordinances of the municipality, if the officer has completed the training required pursuant to paragraph 4 of subsection a. of section 3 of P.L.1983, c.525 (C.4:19-15.16a). Only certified animal control officers who have completed the training may be authorized by the governing body to so act as an officer for detection, apprehension and arrest of offenders; however, officers who have completed the training shall not have the authority to so act unless authorized by the governing body which is employing the officer or contracting for the officer's services.

(cf: P.L.2003, c.67, s.2)

 

     12.  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, deprive of necessary sustenance, abuse, or needlessly kill a living animal or creature, or cause or procure any such acts to be done;

     (2)  Torment, torture, maim, hang, poison, unnecessarily or cruelly beat, or needlessly mutilate a living animal or creature, or cause or procure any such acts to be done;

     (3)  Cruelly kill, or cause or procure the cruel killing of, a living animal or creature, or otherwise cause or procure the death of a living animal or creature from commission of any act described in paragraph (2) of this subsection;

     b.  (Deleted by amendment, P.L.2003, c.232).

     c.  Inflict unnecessary cruelty upon a living animal or creature, or unnecessarily fail to provide a living animal or creature of which the person has charge either as an owner or otherwise with proper food, drink, shelter or protection from the weather, or leave it 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 this article;

     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 place owned or controlled by him 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 it 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;

     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.  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;

     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)] P.L.    , c.       (C.    ) (now before the Legislature as this bill);

     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 New Jersey Society for the Prevention of Cruelty to Animals:

     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) of subsection a. of this section, a sum of up to $5,000;

     For a violation of subsection l. of this section or for a first violation of paragraph (2) of subsection a. of this section, a sum of up to $3,000;

     For a violation of subsection x. or y. of this section, a sum of up to $1,000 for each domestic dog or cat fur or fur or hair product or domestic dog or cat carcass or meat product;

     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 c., d., h., j., k., aa., bb., or cc. of this section or of paragraph (1) of subsection a. of this section, a sum of up to $1,000; and

     For a violation of subsection i., m., n., o., p., q., r., or s. of this section, a sum of up to $500.

(cf: P.L.2003, c.232, s.3)

 

     13. Section 1 of P.L.1995, c.255 (C.4:22-26.1) is amended to read as follows:

     1.  An officer or agent of the New Jersey Society for the Prevention of Cruelty to Animals, or a certified animal control officer, 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,] any section of P.L.   , c.     (C.     ) (now before the Legislature as this bill) or R.S.4:22-19 [, R.S.4:22-20 or R.S.4:22-23].  Upon a finding that the continued possession by that person poses a threat to the animal's welfare, the court may, or as provided pursuant to section 4 of P.L.   , c.     (C.     ) (now before the Legislature as this bill), the court shall, in addition to any other penalty that may be imposed for a violation of [R.S.4:22-17, R.S.4:22-18,] any section of P.L.   , c.     (C.     ) (now before the Legislature as this bill) or R.S.4:22-19 [, R.S.4:22-20 or R.S.4:22-23], adjudge an animal forfeited for such disposition as the court deems appropriate.

(cf: P.L.1995, c.255, s.1)

 

     14.  R.S.4:22-47 is amended to read as follows:

     4:22-47.  A sheriff, undersheriff, constable, police, officer, certified animal control officer who has been properly authorized pursuant to section 4 of P.L.1983, c.525 (C.4:19-15.16b) or agent of the New Jersey Society for the Prevention of Cruelty to Animals, may enter any building or place where there is an exhibition of the fighting or baiting of a living animal or creature, where preparations are being made for such an exhibition, or where a violation otherwise of [R.S.4:22-24] R.S.4:22-26 or section 2 of P.L.    , c.     (C.    )(now before the Legislature as this bill)  is occurring, arrest without warrant all persons there present, and take possession of all living animals or creatures engaged in fighting or there found and all implements or appliances used or to be used in such exhibition.

(cf: P.L.1997, c.247, s.6)

 

     15.  R.S.4:22-52 is amended to read as follows:

     4:22-52.  The person arresting the person offending against the provisions of subsection a. of section  [4:22-18 of this title] 2 of P.L.    , c.   (C.     ) (now before the Legislature as this bill) shall take charge of the vehicle and its contents, and a lien shall be placed thereon to provide for  all necessary expenses which may be incurred for taking charge of and keeping and sustaining [them shall be a lien thereon] the vehicle and its contents, to be paid before [they] the vehicle and its contents can be  lawfully redeemed.

     If the vehicle and its contents are not redeemed within ten days from the time of the seizure, the person making the seizure shall cause them to be advertised for sale by advertisements published in a newspaper circulating in the neighborhood in which the seizure was made for at least three times in a daily paper or one time in a weekly paper, stating the time and place of the sale and the reason for the sale.

     At the appointed time and place such person shall sell the vehicle and its contents to the highest bidder and out of the proceeds thereof shall pay all necessary expenses incurred, paying over the balance to the owner.

     If the proceeds of the sale are insufficient to pay such expenses, the balance may be recovered by the person making the seizure from the owner in an action at law.

(cf: R.S..4:22-52)

 

     16.  R.S.4:22-55 is amended to read as follows:

     4:22-55. a.  Except as provided pursuant to subsection b. of this section, all fines, penalties and moneys imposed and collected under the provisions of this article and the provisions of P.L.     , c.      (C.    )(now before the Legislature as this bill), shall be paid by the court or by the clerk or court officer receiving the fines, penalties or moneys, within thirty days and without demand, to the district (county) society for the prevention of cruelty to animals of the county where the fines, penalties or moneys were imposed and collected, if one is in existence in that county, and if not, then to the New Jersey Society for the Prevention of Cruelty to Animals, to be used by the society in aid of the benevolent objects for which it was incorporated.

     b.  If an enforcement action for a violation of this article is brought primarily as a result of the discovery and investigation of the violation by a certified animal control officer, the fines, penalties or moneys collected shall be paid as follows:  one half to the municipality in which the violation occurred and one half to the New Jersey Society for the Prevention of Cruelty to Animals.

     c.  Any fines, penalties or moneys paid to a municipality or other entity pursuant to subsection b. of this section shall be allocated by the municipality or other entity to defray the cost of:

     (1)  enforcement of animal control, animal welfare and animal cruelty laws and ordinances within the municipality; and

     (2)  the training therefor required of certified animal control officers pursuant to law.

(cf: P.L.1997, c.247, s.7)

 

     17.  Section 3 of P.L.2003, c.67 (C. 4:22-57) is amended to read as follows:

     3.  a.  For the purposes of establishing the list of persons not eligible to be certified animal control officers as required pursuant to subsections b. and c. of section 3 of P.L.1983, c.525 (C.4:19-15.16a), notice shall be provided, within 90 days after the effective date of this section, to the Commissioner of Health and Senior Services of any person who has been convicted of, or found civilly liable for, a violation of any provision of chapter 22 of Title 4 of the Revised Statutes or P.L.    , c.     (C.    )(now before the Legislature as this bill), by any court or other official administrative entity maintaining records of such violations adjudged on or before the effective date of this section.

     b.  For the purposes of maintaining the list of persons not eligible to be certified animal control officers as established pursuant to subsections b. and c. of section 3 of P.L.1983, c.525 (C.4:19-15.16a), the court or other official adjudging the guilt or liability for a violation of any provision of chapter 22 of Title 4 of the Revised Statutes or P.L.    , c.     (C.    )(now before the Legislature as this bill), shall charge the prosecutor, officer of the New Jersey Society for the Prevention of Cruelty to Animals or the district (county) society for the prevention of cruelty to animals, or other appropriate person, other than a certified animal control officer, with the responsibility to notify within 30 days the commissioner, in writing, of the full name of the person found guilty of, or liable for, an applicable violation, and the violation for which or of which that person was found guilty or liable, and the person charged with the responsibility shall provide such notice.

(cf: P.L.2003, c.67, s.3)

 

     18.  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 used as transportation or for the transportation of goods or services on the public highways of the State.  A person who [violates this section] ill treats, overdrives, or overrides a horse shall be guilty of a disorderly persons offense [, except that a] and shall be subject to the subsection a. of section 2, section 3, and section 4 of P.L.    , c.    (C.    )(now before the Legislature as this bill).  A person who unnecessarily or cruelly beats a horse shall be guilty of a crime of the [fourth] third degree, and shall be subject to the provisions of  [R.S.4:22-17, R.S.4:22-21, and R.S.4:22-26] subsection d. of section 2, section 3, and section 4 of P.L.    , c.    (C.    )(now before the Legislature as this bill) , as appropriate.

(cf: P.L.2001, c.229, s.5)

 

     19.  The provisions of section 1 and section 2 of P.L.2002, c.102 (C.4:19-38 and C.4:19-39), R.S.4:22-17, R.S.4:22-18, R.S.4:22-20, R.S.4:22-21, R.S.4:22-22; R.S.4:22-23, R.S.4:22-24, section 1 and section 2 of P.L.1939, c.315 (C.4:22-25.1 and C.4:22-25.2), section 1 and section 2 of P.L.1999, c.307 (C. 4:22-25.3 and 4:22-25.4), and R.S.4:22-28 are hereby repealed.

 

     20.  This act shall take effect immediately.

 

 

STATEMENT

 

     This bill would codify under Title 2C of the New Jersey Statutes, the State criminal code, the offenses concerning animal cruelty that are currently codified under Title 4 of the Revised Statutes.  In some cases, the bill also increases the penalties for an offense.  Because of this recodification in another section of State law, the sections of law in Title 4 that pertain to these crimes would be repealed by the bill.  Finally, the bill provides for the adjudication of offenses committed on or before the effective date under the sections of law that would be repealed.