SENATE, No. 2541

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED DECEMBER 9, 2010

 


 

Sponsored by:

Senator  FRED H. MADDEN, JR.

District 4 (Camden and Gloucester)

Senator  DONALD NORCROSS

District 5 (Camden and Gloucester)

Assemblyman  PAUL D. MORIARTY

District 4 (Camden and Gloucester)

Assemblyman  RUBEN J. RAMOS, JR.

District 33 (Hudson)

Assemblyman  CHARLES MAINOR

District 31 (Hudson)

Assemblyman  GILBERT "WHIP" L. WILSON

District 5 (Camden and Gloucester)

 

Co-Sponsored by:

Senators Bateman, A.R.Bucco, Beach, Van Drew, Assemblymen Amodeo, Schroeder, Diegnan, Assemblywoman Wagner, Assemblymen Rudder and Delany

 

 

 

 

SYNOPSIS

     Enhances penalty for killing police dog or dog engaged in search and rescue efforts.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning certain dogs, to be known as Schultz’s law, and amending P.L.1983, c.261.

 

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

 

     1.    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 shall be guilty of a crime of the third degree, and shall be sentenced by the court to a term of imprisonment.  The term of imprisonment shall include the imposition of a minimum term.  The minimum term shall be fixed at five years, during which the defendant shall be ineligible for parole.  In addition, the court shall impose a fine of $15,000.  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)

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill, to be known as “Schultz’s Law,” enhances the penalty for killing a police dog or a dog engaged in search and rescue efforts.

     Under this bill, persons convicted of killing a police dog or a dog engaged in search and rescue efforts would be subject to a mandatory minimum term of imprisonment of five years, during which they would be ineligible for parole.  In addition, they would be subject to a $15,000 fine.

     Currently, a person convicted of killing a police dog or search and rescue dog is guilty of 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 not more than $15,000, or both.

     Schultz was a Gloucester Township K-9 who, while in the process of chasing an alleged perpetrator, was tragically killed.  The incident has brought to light the constant sacrifice given by K-9 officers.  This bill is to be named “Schultz’s Law” in memory of all K-9 officers who have lost their lives in the line of duty.