Sponsored by:
Assemblyman CHARLES MAINOR
District 31 (Hudson)
Assemblyman SCOTT T. RUMANA
District 40 (Bergen, Essex, Morris and Passaic)
Assemblyman DANIEL R. BENSON
District 14 (Mercer and Middlesex)
Co-Sponsored by:
Assemblywoman Schepisi, Assemblymen Giblin, Space, Assemblywoman McHose, Assemblymen S.Kean, Singleton and Wilson
SYNOPSIS
Penalizes the act of recklessly killing, injuring or interfering with a guide dog; designated as “Dusty’s Law.”
CURRENT VERSION OF TEXT
As introduced.
An Act concerning guide dogs, designated as “Dusty’s Law,” and supplementing chapter 29 of 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 interferes with the use of a guide dog, or who recklessly permits a dog that the person owns or over which that person has immediate control to interfere with a guide dog by obstructing, intimidating, or otherwise jeopardizing the safety of that guide dog or its handler is guilty of a petty disorderly persons offense.
b. Any person who recklessly injures a guide dog, or recklessly permits a dog that the person owns or over which the person has immediate control, to injure a guide dog, is guilty of a disorderly persons offense.
c. Any person who recklessly kills a 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 guide dog, is guilty of a crime of the fourth degree.
2. a. A person who is convicted of a violation of section 1 of P.L. , c. (C. )(pending before the Legislature as this bill), 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 guide dog. Restitution under this section shall include, but not be limited to:
(1) the value of the guide dog;
(2) replacement and training or retraining expenses for the guide dog and the handler;
(3) veterinary and other medical and boarding expenses for the 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 guide dog.
b. As used in this section a “guide dog” shall mean a dog or dog in training which:
(1) has been or is being raised or trained 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 training; or
(2) fitted with a special harness so as to be suitable as an aid to the mobility of a blind person.
3. This act shall take effect immediately.
STATEMENT
This bill establishes criminal penalties for recklessly killing, injuring, or interfering with a guide dog. The bill is to be known as “Dusty’s Law.”
Specifically, the bill would make it a crime of the fourth degree for a person to recklessly kill a guide dog, or to recklessly permit a dog that he or she owns or has immediate control over to kill a guide dog. A person who recklessly injures a guide dog, or recklessly permits a dog that he or she owns or has immediate control over to injure a guide dog would be a disorderly person under the bill. Finally, a person who recklessly interferes with the use of a guide dog, or who recklessly permits a dog that he or she owns or over which he or she has immediate control to interfere with a guide dog, by obstructing, intimidating, or otherwise jeopardizing the safety of that guide dog or its handler is guilty of a petty disorderly persons offense.
Fourth degree crimes are punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both. Disorderly persons offenses are punishable by a term of imprisonment of up to six months, a fine of up to $1,000, or both; petty disorderly persons offenses are punishable by a term of imprisonment of up to 30 days, a fine of up to $500, or both.
The bill also requires a person who recklessly kills, injures, or interferes with a guide dog to pay restitution. Restitution under the bill includes the value of the guide dog; replacement and training or retraining expenses for the guide dog and the handler; veterinary and other medical and boarding expenses for the guide dog; medical expenses for the handler; and lost wages or income incurred by the handler during any period that the handler is without the services of the guide dog.
The bill defines a “guide dog” as a dog, or dog in training, which (1) has been or is being raised or trained 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 training; or (2) is fitted with a special harness so as to be suitable as an aid to the mobility of a blind person.
A person acts “recklessly” with respect to a material element of an offense under this State’s criminal code when he or she consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his or her conduct. The risk must be of such a nature and degree that, considering the nature and purpose of the person's conduct and the circumstances known to the person, its disregard involves a gross deviation from the standard of conduct that a reasonable person would observe in the person’s situation.