Senator ANTHONY R. BUCCO
District 25 (Morris and Somerset)
Senator JEFF VAN DREW
District 1 (Atlantic, Cape May and Cumberland)
Assemblyman CHARLES MAINOR
District 31 (Hudson)
Assemblyman JON M. BRAMNICK
District 21 (Morris, Somerset and Union)
Assemblywoman BETTYLOU DECROCE
District 26 (Essex, Morris and Passaic)
Assemblyman DANIEL R. BENSON
District 14 (Mercer and Middlesex)
Assemblyman SCOTT T. RUMANA
District 40 (Bergen, Essex, Morris and Passaic)
Senators Bateman, Holzapfel, Addiego, Greenstein, Stack, Assemblyman A.M.Bucco, Assemblywomen Simon, Schepisi, Assemblymen Giblin, Space, Assemblywoman McHose, Assemblymen S.Kean, Singleton, McGuckin and Wilson
Establishes criminal penalties for killing, injuring or interfering with a service animal or guide dog; designated as “Dusty’s Law.”
CURRENT VERSION OF TEXT
As reported by the Assembly Law and Public Safety Committee on December 12, 2013, with amendments.
An Act concerning offenses against 1service animals and1 guide dogs, designated as “Dusty’s Law,” and supplementing 1[chapter 29 of]1 Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Any person who recklessly kills a 1service animal or1 guide dog, or who recklessly permits a dog that the person owns or over which the person has immediate control, to injure or kill a 1service animal or1 guide dog, is guilty of a crime of the fourth degree.
b. Any person who recklessly injures a 1service animal or1 guide dog, or recklessly permits a dog that the person owns or over which the person has immediate control, to injure a 1service animal or1 guide dog, is guilty of a disorderly persons offense.
c. Any person who recklessly interferes with the use of a 1service animal or1 guide dog, or who recklessly permits a dog that the person owns or over which that person has immediate control, to interfere with a 1service animal or1 guide dog1,1 by obstructing, intimidating, or otherwise jeopardizing the safety of that 1service animal or1 guide dog or its handler1,1 is guilty of a petty disorderly persons offense.
d. A person who is convicted of a violation of this section, in addition to any other penalty, shall make full restitution for all damages that arise out of or are related to the offense, including incidental and consequential damages incurred by the handler of the 1service animal or1 guide dog. Restitution under this section shall include, but not be limited to:
(1) the value of the 1service animal or1 guide dog;
(2) replacement and training or retraining expenses for the 1service animal or1 guide dog and the handler;
(3) veterinary and other medical and boarding expenses for the 1service animal or1 guide dog;
(4) medical expenses for the handler; and
(5) lost wages or income incurred by the handler during any period that the handler is without the services of the 1service animal or1 guide dog.
e. As used in this section 1[a guide] :
“Guide1 dog” shall mean a dog 1[or dog in training]1 which1[:
(1)]1 has been or is being raised or
provide assistance to a blind or deaf person, including but not limited to a
dog that has
been or is being raised or trained1 by a volunteer puppy raiser or staff member of an organization generally recognized as being involved in the rehabilitation of the blind or deaf and reputable and competent to provide dogs with specialized training1[; or
(2) is fitted with a special harness so as to be suitable as an aid to the mobility of a blind person].
“Service animal” shall have the same meaning as set forth in the federal “Americans with Disabilities Act of 1990” (42 U.S.C. s.12101 et seq.) and any regulations under the act1.
2. This act shall take effect immediately.