SENATE, No. 661
STATE OF NEW JERSEY
INTRODUCED FEBRUARY 5, 1996
By Senator CIESLA
An Act concerning animal cruelty and amending R.S.4:22-17, R.S.4:22-18, and R.S.4:22-19.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.4:22-17 is amended to read as follows:
4:22-17. Cruelty in general[; misdemeanor]
A person who shall:
a. Overdrive, overload, drive when overloaded, overwork, torture, torment, deprive of necessary sustenance, unnecessarily or cruelly beat or otherwise abuse, or needlessly mutilate or kill, a living animal or creature;
b. Cause or procure any of such acts to be done; or
c. Inflict unnecessary cruelty upon a living animal or creature of which he has charge either as owner or otherwise, or unnecessarily fail to provide it with proper food, drink, shelter or protection from the weather--
Shall be guilty of a [misdemeanor] disorderly persons offense, and, notwithstanding the provisions of N.J.S.2C:43-3 to the contrary, for every such offense shall be fined not [more than two hundred and fifty dollars,]less than $250 nor more than $1,000, or be imprisoned [in the county jail] for a term of not more than six months, or both, in the discretion of the court. In addition, the court (1) shall impose a term of community service of up to 30 days, and may direct that the term of community service be served in providing assistance to the New Jersey Society for the Prevention of Cruelty to Animals, a district (county) society for the prevention of cruelty to animals, or any other recognized organization concerned with the prevention of cruelty to animals or the humane treatment and care of animals, or to a municipality's animal control or animal population control program; (2) may require the violator to pay restitution or otherwise reimburse any costs for food, drink, shelter, or veterinary care or treatment, or other costs, incurred by any agency, entity, or organization investigating the violation, including but not limited to the New Jersey Society for the Prevention of Cruelty to Animals, a district (county) society for the prevention of cruelty to animals, any other recognized organization concerned with the prevention of cruelty to animals or the humane treatment and care of animals, or a local or State governmental entity; and (3) may impose any other appropriate penalties established for a disorderly persons offense pursuant to Title 2C of the New Jersey Statutes.
(cf: R.S.4:22-17)
2. R.S.4:22-18 is amended to read as follows:
4:22-18. Carrying animal in cruel manner[; misdemeanor]
A person who shall carry, or cause to be carried, a living animal or creature in or upon a vehicle or otherwise, in a cruel or [inhuman] inhumane manner, shall be guilty of a [misdemeanor] disorderly persons offense and punished as provided in [section 4:22-17 of this title] R.S.4:22-17 .
(cf: R.S.4:22-18)
3. R.S.4:22-19 is amended to read as follows:
4:22-19. A person who shall:
a. Impound or confine, or cause to be impounded or confined, in a pound or other place, a living animal or creature, and shall fail to supply it during such confinement with a sufficient quantity of good and wholesome food and water; or
b. Destroy or cause to be destroyed any such animal by hypoxia induced by decompression or in any other manner, by the administration of a lethal gas other than an inhalant anesthetic, or in any other manner except by a method of euthanasia generally accepted by the veterinary medical profession as being reliable, appropriate to the type of animal upon which it is to be employed, and capable of producing loss of consciousness and death as rapidly and painlessly as possible for such animal shall, in the case of a violation of subsection a., be guilty of a disorderly persons offense and shall be punished as provided in R.S.4:22-17; or, in the case of a violation of subsection b., be subject to a penalty of $25.00 for the first offense and $50.00 for each subsequent offense. Each animal destroyed in violation of subsection b. shall constitute a separate offense. The penalty shall be collected in accordance with "the penalty enforcement law" (N.J.S.2A:58-1 et seq.) and all money collected shall be remitted to the State.
This section shall apply to kennels, pet shops, shelters and pounds as defined and licensed pursuant to P.L.1941, c.151 (C.4:19-15.1 et seq.); to pounds and places of confinement owned and operated by municipalities, counties or regional governmental authorities; and to every contractual warden or impounding service, any provision to the contrary in this title notwithstanding.
(cf: P.L.1982, c.158, s.2)
4. This act shall take effect immediately.
STATEMENT
This bill would update, clarify, and expand the criminal penalties for violations of certain animal cruelty laws. Specifically, the bill provides that a violation of R.S.4:22-17 (cruelty in general), R.S.4:22-18 (carrying an animal in a cruel manner), and subsection a. of R.S.4:22-19 (impounding or confining an animal without sufficient food and water) would be a disorderly persons offense with a minimum criminal fine of $250 and a maximum criminal fine of $1,000, or a jail term of up to six months, or both. In addition, the bill would require the sentencing court to impose a community service term of up to 30 days, and give the court the option to also require (1) the violator to pay restitution for the costs of food, drink, shelter, or veterinary care or treatment, or other costs, incurred by an agency, entity, or organization investigating the violation, and (2) impose any other appropriate penalties established for a disorderly persons offense under Title 2C of the New Jersey Statutes (the New Jersey Code of Criminal Justice). The penalties established in this bill would be in addition to any civil penalties authorized by R.S.4:22-26 or any other law.
This bill is necessary to clear up confusion in the interpretation of the animal cruelty laws by various courts because of antiquated language in the statutes that does not reflect terminology used in the New Jersey Code of Criminal Justice. In addition, it is important to ensure that those persons who treat animals in a cruel manner receive stiff punishment in order to deter future violations by those persons and others who are similarly inclined - thus, this bill provides for a statutory minimum criminal fine, mandatory community service, and, at the court's discretion, payment of restitution.
Makes various amendments to penalty provisions of certain animal cruelty laws.