Bill Text: NJ A3421 | 2016-2017 | Regular Session | Introduced
Bill Title: Establishes an animal abuser registry.
Spectrum: Moderate Partisan Bill (Democrat 7-1)
Status: (Enrolled - Dead) 2018-01-08 - Passed Assembly (Passed Both Houses) (65-0-0) [A3421 Detail]
Download: New_Jersey-2016-A3421-Introduced.html
Sponsored by:
Assemblyman TROY SINGLETON
District 7 (Burlington)
SYNOPSIS
Establishes animal abuser registry.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the establishment of an animal abuser registry, and amending and supplementing various sections of statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. The Department of Health shall establish on its website an animal abuser registry. The animal abuser registry shall provide:
(1) the full legal name of any person who has been convicted of, or found civilly liable for, by any court or other official administrative entity maintaining records of such violations adjudged on or before the effective date of this section, an animal cruelty violation of any applicable provision of chapter 22 of Title 4 of the Revised Statutes, P.L.2002, c.102 (C.4:19-38 et seq.), section 1 of P.L.1983, c.261 (C.2C:29-3.1); section 1 of P.L.2013, c.205 (C.2C:29-3.2), P.L.2015, c.85 (C.2C:33-31 et seq.), or R.S.39:4-23;
(2) if the person was photographed as part of a booking process, the photograph taken at that time; and
(3) any other information permitted by law and determined by the department to properly identify the animal abuser and exclude innocent persons.
b. The animal abuser registry shall not include the Social Security number, driver's license number, or any other state or federal identification number of any person.
2. Section 4 of P.L.2003, c.67 (C.2B:12-17.1) is amended to read as follows:
4. a. As required pursuant to section 3 of P.L.2003, c.67 (C.4:22-57), a municipal court adjudging guilt or liability for [a] an animal cruelty violation of any provision of chapter 22 of Title 4 of the Revised Statutes, P.L.2002, c.102 (C.4:19-38 et seq.), section 1 of P.L.1983, c.261 (C.2C:29-3.1), section 1 of P.L.2013, c.205 (C.2C:29-3.2), P.L.2015, c.85 (C.2C:33-31 et seq.), or R.S.39:4-23, shall charge the prosecutor, officer of the New Jersey Society for the Prevention of Cruelty to Animals or the [district (county)] county society for the prevention of cruelty to animals, or other appropriate person, other than a certified animal control officer, with the responsibility to notify within 30 days the Commissioner of Health [and Senior Services], in writing, of the full name of the person found guilty of, or liable for, an applicable violation, and the violation for which or of which that person was found guilty or liable, and the person charged with the responsibility shall provide such notice. Any other information available to properly identify the animal abuser and exclude innocent persons shall also be provided.
b. As required pursuant to section 3 of P.L.2003, c.67 (C.4:22-57), a Superior Court adjudging guilt or liability for an animal cruelty violation of any provision of chapter 22 of Title 4 of the Revised Statutes, P.L.2002, c.102 (C.4:19-38 et seq.), section 1 of P.L.1983, c.261 (C.2C:29-3.1), section 1 of P.L.2013, c.205 (C.2C:29-3.2), P.L.2015, c.85 (C.2C:33-31 et seq.), or R.S.39:4-23, shall charge the prosecutor, officer of the New Jersey Society for the Prevention of Cruelty to Animals or the county society for the prevention of cruelty to animals, or other appropriate person, other than a certified animal control officer, with the responsibility to notify within 30 days the Commissioner of Health, in writing, of the full name of the person found guilty of, or liable for, an applicable violation, and the violation for which or of which that person was found guilty or liable, and the person charged with the responsibility shall provide such notice. Any other information available to properly identify the animal abuser and exclude innocent persons shall also be provided.
(cf: P.L.2003, c.67, s.4)
3. Section 3 of P.L.1983, c.525 (C.4:19-15.16a) is amended to read as follows:
3. a. The Commissioner of Health shall, within 120 days after the effective date of P.L.1983, c.525, and pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations concerning the training and educational qualifications for the certification of animal control officers, including, but not limited to, a course of study approved by the commissioner and the Police Training Commission, in consultation with the New Jersey Certified Animal Control Officers Association, which acquaints a person with:
(1) The law as it affects animal control, animal welfare, and animal cruelty;
(2) Animal behavior and the handling of stray or diseased animals;
(3) Community safety as it relates to animal control; and
(4) The law enforcement methods and techniques required for an animal control officer to properly exercise the authority to investigate and sign complaints and arrest without warrant pursuant to section 8 of P.L.1997, c.247 (C.4:19-15.16c), including, but not limited to, those methods and techniques which relate to search, seizure, and arrest. The training in law enforcement methods and techniques described pursuant to this paragraph shall be part of the course of study for an animal control officer only when required by the governing body of a municipality pursuant to section 4 of P.L.1983, c.525 (C.4:19-15.16b).
Any person 18 years of age or older may satisfy the courses of study established pursuant to this subsection at that person's own time and expense; however, nothing in this section shall be construed as authorizing a person to exercise the powers and duties of an animal control officer absent municipal appointment or authorization pursuant to section 4 of P.L.1983, c.525 (C.4:19-15.16b).
b. (1) The commissioner shall provide for the issuance of a certificate to a person who possesses, or acquires, the training and education required to qualify as a certified animal control officer pursuant to paragraphs (1) through (3) of subsection a. of this section and to a person who has been employed in the State of New Jersey in the capacity of, and with similar responsibilities to those required of, a certified animal control officer pursuant to the provisions of P.L.1983, c.525, for a period of three years before January 17, 1987. The commissioner shall not issue a certificate to any person convicted of, or found civilly liable for, [a] an animal cruelty violation of any provision of chapter 22 of Title 4 of the Revised Statutes, P.L.2002, c.102 (C.4:19-38 et seq.), section 1 of P.L.1983, c.261 (C.2C:29-3.1), section 1 of P.L.2013, c.205 (C.2C:29-3.2), P.L.2015, c.85 (C.2C:33-31 et seq.), or R.S.39:4-23.
(2) The commissioner shall revoke the certificate of any person convicted of, or found civilly liable for, [a] an animal cruelty violation of any provision of chapter 22 of Title 4 of the Revised Statutes, P.L.2002, c.102 (C.4:19-38 et seq.), .), section 1 of P.L.1983, c.261 (C.2C:29-3.1), section 1 of P.L.2013, c.205 (C.2C:29-3.2), P.L.2015, c.85 (C.2C:33-31 et seq.), or R.S.39:4-23, and shall place the name of the person on the list established pursuant to subsection c. of this section.
c. (1) The commissioner shall establish a list of all persons issued a certificate pursuant to subsection b. of this section (a) for whom that certificate has been revoked, or (b) who have been convicted of, or found civilly liable for, [a] an animal cruelty violation of any provision of chapter 22 of Title 4 of the Revised Statutes, P.L.2002, c.102 (C.4:19-38 et seq.), .), section 1 of P.L.1983, c.261 (C.2C:29-3.1), section 1 of P.L.2013, c.205 (C.2C:29-3.2), P.L.2015, c.85 (C.2C:33-31 et seq.), or R.S.39:4-23. The commissioner shall provide each municipality in the State with a copy of this list within 30 days after the list is established and not less often than annually thereafter if no revised list required pursuant to paragraph (2) of this subsection has been issued in the interim.
(2) Upon receipt of a notice required pursuant to section 3 or 4 of P.L.2003, c.67 (C.4:22-57 or C.2B:12-17.1) involving a person who has been issued a certificate pursuant to subsection b. of this section, the commissioner shall add to the list the name of the person convicted of, or found civilly liable for, [a] an animal cruelty violation of any provision of chapter 22 of Title 4 of the Revised Statutes, P.L.2002, c.102 (C.4:19-38 et seq.), .), section 1 of P.L.1983, c.261 (C.2C:29-3.1), P.L.2013, c.205 (C.2C:29-3.2), P.L.2015, c.85 (C.2C:33-31 et seq.), or R.S.39:4-23, according to the notice, and shall issue a copy of the revised list to each municipality within 30 days after receipt of any notice.
d. After the Department of Health establishes on its website the animal abuser registry pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), the commissioner may use the animal abuser registry to update and maintain the list required pursuant to paragraph (1) of subsection c. of this section.
(cf: P.L.2012, c.17, s.8)
4. Section 3 of P.L.2003, c.67 (C.4:22-57) is amended to read as follows:
3. a. For the purposes of establishing the animal abuser registry pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) and the list of persons not eligible to be certified animal control officers as required pursuant to subsections b. and c. of section 3 of P.L.1983, c.525 (C.4:19-15.16a), notice shall be provided, within 90 days after the effective date of this section, to the Commissioner of Health [and Senior Services] of any person who has been convicted of, or found civilly liable for, [a violation of any provision of chapter 22 of Title 4 of the Revised Statutes,] by any court or other official administrative entity maintaining records of such violations adjudged on or before the effective date of this section , an animal cruelty violation of:
(1) any provision of chapter 22 of Title 4 of the Revised Statutes;
(2) P.L.2002, c.102 (C.4:19-38 et seq.);
(3) section 1 of P.L.1983, c.261 (C.2C:29-3.1);
(4) section 1 of P.L.2013, c.205 (C.2C:29-3.2);
(5) P.L.2015, c.85 (C.2C:33-31 et seq.); or
(6) R.S.39:4-23.
b. For the purposes of maintaining the animal abuser registry pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) and the list of persons not eligible to be certified animal control officers as established pursuant to subsections b. and c. of section 3 of P.L.1983, c.525 (C.4:19-15.16a), the court or other official adjudging the guilt or liability for [a] an animal cruelty violation of any provision of chapter 22 of Title 4 of the Revised Statutes, P.L.2002, c.102 (C.4:19-38 et seq.), section 1 of P.L.1983, c.261 (C.2C:29-3.1); section 1 of P.L.2013, c.205 (C.2C:29-3.2), P.L.2015, c.85 (C.2C:33-31 et seq.), or R.S.39:4-23, shall charge the prosecutor, officer of the New Jersey Society for the Prevention of Cruelty to Animals or the county society for the prevention of cruelty to animals, or other appropriate person, other than a certified animal control officer, with the responsibility to notify within 30 days the commissioner, in writing, of the full name of the person found guilty of, or liable for, an applicable violation, and the violation for which or of which that person was found guilty or liable, and the person charged with the responsibility shall provide such notice.
(cf: P. L.2005, c.372, s.21)
5. This act shall take effect on the January 1 next following enactment.
STATEMENT
This bill directs the Department of Health to establish on its website an animal abuser registry, and updates current law concerning the DOH list of persons ineligible to be animal control officers because of guilt or liability as animal cruelty offenders. The bill expands the offenses to be considered as disqualifying offenses and authorizes the Commissioner of Health to use the animal abuser registry, once established, to update and maintain the list of persons ineligible to be animal control officers.
