Bill Text: NJ A3179 | 2012-2013 | Regular Session | Introduced


Bill Title: Authorizes placement of involved animal with animal welfare agency or similar entity pending adjudication of alleged animal cruelty violation when not adjudicated in seven days.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2012-06-28 - Introduced, Referred to Assembly Agriculture and Natural Resources Committee [A3179 Detail]

Download: New_Jersey-2012-A3179-Introduced.html

ASSEMBLY, No. 3179

STATE OF NEW JERSEY

215th LEGISLATURE

INTRODUCED JUNE 28, 2012

 


 

Sponsored by:

Assemblyman  DANIEL R. BENSON

District 14 (Mercer and Middlesex)

 

 

 

 

SYNOPSIS

     Authorizes placement of involved animal with animal welfare agency or similar entity pending adjudication of alleged animal cruelty violation when not adjudicated in seven days.

 

CURRENT VERSION OF TEXT

     As introduced.

 


An Act concerning housing and care of animals involved in animal cruelty violations and supplementing Title 4 of the Revised Statutes.

 

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

 

     1.    As used in this act:

     "Animal rescue organization" means an animal rescue organization as defined in section 1 of P.L.1941, c.151 (C.4:19-15.1).

     "Animal rescue organization facility" means an animal rescue organization facility as defined in section 1 of P.L.1941, c.151 (C.4:19-15.1).

     "Animal welfare organization" means a humane society or other group or organization dedicated to the care and protection of animals.  "Animal welfare organization" may include, but is not limited to, a group or organization that operates an animal rescue organization facility, foster home, or shelter.

     "Foster home" means a foster home as defined in section 1 of P.L.1941, c.151 (C.4:19-15.1).

     "Shelter" means a shelter as defined in section 1 of P.L.1941, c.151 (C.4:19-15.1).

 

     2.    a.  Whenever an animal is confiscated from its owner pursuant to section 1 of P.L.1995, c.255 (C.4:22-26.1) or any other provision of chapter 19 or 22 of Title 4 of the Revised Statutes, and held pending adjudication of an alleged animal cruelty violation under chapter 19 or 22 of Title 4 of the Revised Statutes, the animal shall be placed by the court in the custody of an animal welfare organization, animal rescue organization, or operator of a foster home or shelter on the seventh day after the confiscation of the animal, if the owner has not resumed custody of the animal.

     b.    The animal welfare organization, animal rescue organization, or operator of a foster home or shelter shall properly house and care for the animal until adjudication of the alleged animal cruelty violations and final disposition of the animal by the court.  If the animal is placed in the custody of a shelter and remains at the shelter, the shelter may not offer the animal for adoption or euthanize the animal until seven days after the final disposition of the animal by the court.

 

     3.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill provides for an animal welfare organization, animal rescue organization, or operator of a foster home or shelter to take custody of an animal confiscated from its owner and being held pending adjudication of an alleged animal cruelty violation.  Specifically the bill provides that the animal would be placed in the custody of an animal welfare organization, animal rescue organization, or operator of a foster home or shelter on the seventh day after it is confiscated, if the owner has not resumed custody of the animal. The animal welfare organization, animal rescue organization, or operator of a foster home or shelter would properly house and care for the animal until adjudication of the alleged animal cruelty violation and final disposition of the animal by the court.  Finally, the bill provides that if the animal is placed in the custody of a shelter and remains at the shelter, the shelter would not be able to offer the animal for adoption or euthanize the animal until seven days after the final disposition of the animal by the court.

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