S1923

An Act concerning vicious dogs and potentially dangerous dogs, and amending P.L.1989, c.307.

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

1. Section 6 of P.L.1989, c.307 (C.4:19-22) is amended to read as follows:

6. a. The municipal court shall declare the dog vicious if it finds by clear and convincing evidence that the dog:

(1) killed a person or caused serious bodily injury as defined in [N.J.S.2C:11-1(b)] subsection b. of N.J.S.2C:11-1 to a person; or

(2) [has engaged in dog fighting activities as described in R.S.4:22-24 and R.S.4:22-26, and poses a threat of serious bodily injury or death to a person] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill).

b. A dog shall not be declared vicious for inflicting death or serious bodily injury as defined in [N.J.S.2C:11-1(b)] subsection b. of N.J.S.2C:11-1 upon a person if the dog was provoked. The municipality shall bear the burden of proof to demonstrate that the dog was not provoked.

c. If the municipal court declares a dog to be vicious, and no appeal is made of this ruling pursuant to section 9 of P.L.1989, c.307 (C.4:19-25), the court may order:

(1) the dog’s owner to comply with certain restrictions to protect the public that are at least as stringent as the requirements for potentially dangerous dogs pursuant to section 8 of P.L.1989, c.307 (C.4:19-24) and section 12 of P.L.1989, c.307 (C.4:19-28); or

(2) the dog [shall] to be [destroyed] euthanized in a humane and expeditious manner, except that no dog may be [destroyed] euthanized during the pendency of an appeal.

(cf: P.L.1994, c.187, s.3)

2. Section 7 of P.L.1989, c.307 (C.4:19-23) is amended to read as follows:

7. a. The municipal court shall declare a dog to be potentially dangerous if it finds by clear and convincing evidence that the dog:

(1) caused bodily injury as defined in [N.J.S.2C:11-1(a)] subsection a. of N.J.S.2C:11-1 to a person during an unprovoked attack, and poses a serious threat of bodily injury, serious bodily injury, or death to a person [,] ; or

(2) [severely injured or killed another domestic animal, and

(a) poses a threat of serious bodily injury or death to a person; or

(b) poses a threat of death to another domestic animal, or] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

(3) has been trained, tormented, badgered, baited, or encouraged to engage in unprovoked attacks upon persons [or domestic animals].

b. A dog shall not be declared potentially dangerous for:

(1) causing bodily injury as defined in [N.J.S.2C:11-1(a)] subsection a. of N.J.S.2C:11-1 to a person if the dog was provoked [or,] ;

(2) severely injuring or killing a domestic animal if the domestic animal was the aggressor;

(3) causing bodily injury to a person who was committing or attempting to commit a crime or offense upon the owner or person with custody or control of the dog or committing or attempting to commit a trespass or other criminal offense on the property of the owner or person with custody or control of the dog;

(4) causing bodily injury to a person or a domestic animal who was abusing, assaulting, or physically threatening the dog or the dog’s offspring; or

(5) causing bodily injury to a person who was intervening between two or more dogs engaged in aggressive behavior or fighting.

For the purposes of paragraph (1) of this subsection, the municipality shall bear the burden of proof to demonstrate that the dog was not provoked.

(cf: P.L.2002, c.24, s.1)

3. This act shall take effect immediately.

STATEMENT

This bill revises the current law concerning vicious and potentially dangerous dogs.

Concerning vicious dogs, the bill removes the requirement that the municipal court is required to declare a dog vicious if it finds by clear and convincing evidence that the dog has engaged in dog fighting activities as described in State law (R.S.4:22-24 and R.S.4:22-26), and the dog poses a threat of serious bodily injury or death to a person. Under the bill, the law would continue to require the municipal court to declare a dog vicious if it finds by clear and convincing evidence that the dog killed a person or caused a person serious bodily injury as defined in the State Criminal Code (N.J.S.2C:11-1(b)). The bill also authorizes the court to order:

1) the dog’s owner to comply with certain restrictions to protect the public that are at least as stringent as those imposed on potentially dangerous dogs; or

2) the dog to be euthanized in a humane and expeditious manner.

Current law requires the humane and expeditious destruction of any dog declared to be vicious. Under the bill and under current law, a dog cannot be euthanized if there is an appeal pending.

Concerning potentially dangerous dogs, the bill deletes the provision that the municipal court is required to declare a dog to be potentially dangerous if it finds by clear and convincing evidence that the dog both severely injured or killed another domestic animal and poses a threat of serious bodily injury or death to a person or poses a threat of death to another domestic animal. Under the bill, the municipal court is still required to declare a dog to be potentially dangerous if it finds by clear and convincing evidence that the dog has been trained, tormented, badgered, baited, or encouraged to engage in unprovoked attacks on people only. The bill removes the current provision of law that a dog that has been trained, tormented, badgered, baited, or encouraged to engage in unprovoked attacks on domestic animals be declared potentially dangerous.

Finally, current law provides that a dog cannot be declared potentially dangerous if the dog is provoked and causes bodily injury to a person, or if the dog severely injures or kills a domestic animal if the domestic animal was the aggressor. The bill adds to these provisions that a dog cannot be declared potentially dangerous for:

1) causing bodily injury to a person who was committing or attempting to commit a crime or offense upon the owner or or person with custody or control of the dog or committing or attempting to commit a trespass or other criminal offense on the owner or person with custody or control of the dog;

2) causing bodily injury to a person or a domestic animal who was abusing, assaulting, or physically threatening the dog or the dog’s offspring; or

3) causing bodily injury to a person who was intervening between two or more dogs engaged in aggressive behavior or fighting.