[Third Reprint]

SENATE, No. 1860

STATE OF NEW JERSEY

218th LEGISLATURE

INTRODUCED FEBRUARY 15, 2018

 

 

Sponsored by:

Senator  NILSA CRUZ-PEREZ

District 5 (Camden and Gloucester)

Senator  VIN GOPAL

District 11 (Monmouth)

 

Co-Sponsored by:

Senator O'Scanlon

 

 

 

 

SYNOPSIS

     Provides immunity from civil and criminal liability for rescue of animal from motor vehicle under inhumane conditions.

 

CURRENT VERSION OF TEXT

     As amended by the General Assembly on May 23, 2019.

 

An Act concerning the rescue of an animal from a vehicle under certain circumstances and supplementing Title 2A of the New Jersey Statutes.

 

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

 

     1.    a.   Whenever a domestic companion animal has been left unattended in a motor vehicle under inhumane conditions adverse to the health or welfare of the animal, including, but not limited to, heat, cold, inadequate ventilation, or other circumstances likely to endanger or cause bodily injury or death to the animal, any person who, without license or privilege to otherwise enter the motor vehicle, may in good faith enter the vehicle in order to remove, or render emergency care to, the animal if the person reasonably believes that 1[the health or welfare of]1 the animal 1[may be at risk under such] is in immediate danger of bodily injury or death from the1 circumstances, provided that prior to entering the motor vehicle the person contacted appropriate rescue personnel to report the circumstances and made a reasonable attempt to locate the owner or operator of the motor vehicle or other person responsible for the animal unless exigent circumstances warrant foregoing such actions.

     b.   After removing the animal from the vehicle, the person shall immediately contact for assistance appropriate rescue personnel, if one has not already been contacted.

     c.   Upon receipt of any such report from a person, the appropriate rescue personnel shall dispatch assistance to the scene of the animal recovery, and immediately seek proper veterinary care for the animal as needed and cause to be commenced any investigation necessary for a suspected violation of R.S.4:22-17 or R.S.4:22-26.

     d.   2(1)2  A person who acts in accordance with subsections a. and b. of this section shall be immune from civil or criminal liability for 2:

     (a)  any property damage, or any injury to the animal, caused by2 3any3 acts or omissions related to breaking into and entering a vehicle and rendering emergency care to a domestic companion animal 2[.] , unless the person engaged in reckless or willful misconduct; and

     (b)  any violation of the animal cruelty laws of the State unless the person engaged in reckless or willful misconduct.

     (2)2    The immunity provided under this section shall be in addition to any other immunity that may apply under the “New Jersey Tort Claims Act,” N.J.S.59:1-1 et seq., or any other law, rule, or regulation.

      e.    As used in this section, “appropriate rescue personnel” means a law enforcement officer, a member of a paid, part paid, or volunteer fire department or fire company, or ambulance, emergency, or rescue squad, a certified animal control officer, 3a municipal humane law enforcement officer,3 or a humane law enforcement officer 3[or agent of the New Jersey Society for the Prevention of Cruelty to Animals or]3 of a county society for the prevention of cruelty to animals.

 

      2.   This act shall take effect immediately.