Bill Text: NJ A2011 | 2016-2017 | Regular Session | Introduced
Bill Title: Clarifies that using animal to cause bodily injury to another constitutes assault with a deadly weapon; grants immunity to police officers who use police dog as deadly weapon.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2016-01-27 - Introduced, Referred to Assembly Law and Public Safety Committee [A2011 Detail]
Download: New_Jersey-2016-A2011-Introduced.html
STATE OF NEW JERSEY
217th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Sponsored by:
Assemblyman JERRY GREEN
District 22 (Middlesex, Somerset and Union)
Assemblyman JOHN J. BURZICHELLI
District 3 (Cumberland, Gloucester and Salem)
Co-Sponsored by:
Assemblymen Conaway, Diegnan and Gusciora
SYNOPSIS
Clarifies that using animal to cause bodily injury to another constitutes assault with deadly weapon; grants immunity to police officers who use police dog as deadly weapon.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning the use of an animal as a deadly weapon, amending N.J.S.2C:11-1, and supplementing Title 59 of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:11-1 is amended to read as follows:
2C:11-1. Definitions.
In chapters 11 through 15, unless a different meaning plainly is required:
a. "Bodily injury" means physical pain, illness or any impairment of physical condition;
b. "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;
c. "Deadly weapon" means any firearm or other weapon, device, instrument, material, animal, or substance, whether animate or inanimate, which in the manner it is used or is intended to be used, is known to be capable of producing death or serious bodily injury or which in the manner it is fashioned would lead the victim reasonably to believe it to be capable of producing death or serious bodily injury;
d. "Significant bodily injury" means bodily injury which creates a temporary loss of the function of any bodily member or organ or temporary loss of any one of the five senses.
(cf: P.L.1995, c.307, s.1)
2. (New section) Notwithstanding the provisions of any other law to the contrary, if a dog owned or used by a law enforcement agency is used in the performance of official law enforcement duties as a deadly weapon as defined in N.J.S. 2C:11-1 the law enforcement agency shall be immune from civil liability for damages arising out of and directly relating to any injury caused by the dog.
3. This act shall take effect immediately.
STATEMENT
This bill provides that using an animal to commit an assault would constitute the crime of assault with a deadly weapon. In addition, the bill grants immunity from civil liability to law enforcement agencies for injuries caused by a police dog used as a deadly weapon during the performance of official law enforcement duties.
Currently, N.J.S.2C:11-1 defines "deadly weapon" as "any firearm or other weapon, device, instrument, material or substance, whether animate or inanimate, which in the manner it is used or is intended to be used, is known to be capable of producing death or serious bodily injury or which in the manner it is fashioned would lead the victim reasonably to believe it to be capable of producing death or serious bodily injury." Under the bill, this definition is expanded to include an animal.
Under the assault statute, set forth in N.J.S.2C:12-1, a person who negligently causes bodily injury to another with a deadly weapon is guilty of simple assault, a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense. A person who recklessly causes bodily injury with a deadly weapon is guilty of fourth degree aggravated assault. A person who attempts to cause, or purposely or knowingly causes, bodily injury with a deadly weapon is guilty of third degree aggravated assault.
A disorderly persons offense is punishable by a term of imprisonment of up to six months or a fine of up to $1,000, or both; a petty disorderly persons offense, by a term of imprisonment of up to 30 days, a fine of up to $500, or both. A crime of the fourth degree is punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both; a crime of the third degree, by a term of imprisonment of three to five years, a fine up to $15,000, or both.
