STATE OF NEW JERSEY
216th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION
Sponsored by:
Assemblyman REED GUSCIORA
District 15 (Hunterdon and Mercer)
Assemblyman UPENDRA J. CHIVUKULA
District 17 (Middlesex and Somerset)
Assemblyman RAJ MUKHERJI
District 33 (Hudson)
Co-Sponsored by:
Assemblyman Wilson, Assemblywoman Tucker, Assemblymen McKeon, S.Kean, Bramnick, Diegnan, Assemblywoman Jimenez, Assemblymen Giblin, Auth, Assemblywomen Jasey, Quijano, Angelini, Simon, Assemblymen Schaer, Rible and Coughlin
SYNOPSIS
Revises definition of “necessary care” in the State’s animal cruelty law to include more specific requirements.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning animal cruelty and amending R.S.4:22-15.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.4:22-15 is amended to read as follows:
4:22-15. As used in this article:
"Animal" or "creature" includes the whole brute creation.
"Bodily injury" means physical pain, illness or any impairment of physical condition.
"Necessary care" means care sufficient to preserve the health and well-being of an animal, and [includes, but is not limited to:] , except for emergencies or circumstances beyond the reasonable control of the person responsible for the care of the animal, providing the following: (1) food of sufficient quantity and quality to allow for normal growth or maintenance of body weight; (2) open or adequate access to drinkable water of an appropriate temperature in sufficient quantity and quality to satisfy the [animal’s] needs of the animal; (3) access to adequate protection from the weather, including an enclosed non-hazardous structure sufficient to protect the animal in which there is adequate bedding to protect the animal against cold and dampness; (4) adequate protection for the animal from extreme or excessive sunlight and from overexposure to the sun, heat and other weather conditions; [and] (5) veterinary care to alleviate suffering and maintain health; and (6) reasonable access to a clean and adequate exercise area.
"Owner" or "person" includes a corporation, and the knowledge and acts of an agent or employee of a corporation in regard to animals transported, owned, employed, or in the custody of the corporation shall be imputed to the corporation.
"Serious bodily injury" means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
(cf: P.L.2013, c.88, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill amends the definition for “necessary care,” established by P.L.2013, c.88 (designated as Patrick’s Law), to provide for additional specific care requirements.
Under the bill, “necessary care” means care sufficient to preserve the health and well-being of an animal, and, except for emergencies or circumstances beyond the reasonable control of the person responsible for the care of the animal, providing the following: (1) food of sufficient quantity and quality to allow for normal growth or maintenance of body weight; (2) open or adequate access to drinkable water of an appropriate temperature in sufficient quantity to satisfy the needs of the animal; (3) access to adequate protection from the weather, including an enclosed non-hazardous structure sufficient to protect the animal in which there is adequate bedding to protect the animal against cold and dampness; (4) adequate protection for the animal from extreme or excessive sunlight and from overexposure to the sun, heat and other weather conditions; (5) veterinary care to alleviate suffering and maintain health; and (6) reasonable access to a clean and adequate exercise area.