Bill Text: NJ A3636 | 2016-2017 | Regular Session | Amended
Bill Title: Provides immunity from civil and criminal liability for rescue of animal from motor vehicle under inhumane conditions.*
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Engrossed - Dead) 2017-12-20 - Received in the Assembly, 2nd Reading on Concurrence [A3636 Detail]
Download: New_Jersey-2016-A3636-Amended.html
Sponsored by:
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
Assemblyman JAMEL C. HOLLEY
District 20 (Union)
SYNOPSIS
Provides immunity from civil and criminal liability for rescue of animal from parked vehicle under inhumane conditions.
CURRENT VERSION OF TEXT
As reported by the Assembly Agriculture and Natural Resources Committee on November 14, 2016, with amendments.
An Act concerning the rescue of an animal from a vehicle under certain circumstances and supplementing Title 2A of the New Jersey Statutes and Title 4 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. A person shall be immune from civil or criminal liability for breaking into and entering a vehicle pursuant to subsection b. of section 2 of this act, if the person reasonably believes that an animal has been left unattended in the vehicle under inhumane conditions adverse to the health or welfare of the animal as prohibited by 1[subsection c. of R.S.4:22-26 or]1 paragraph (3) of subsection a. of R.S.4:22-17 1or subsection c. of R.S.4:22-261, the animal is in imminent danger of serious harm, and the person in good faith enters the vehicle in order to remove, or render emergency care to, the animal.
2. a. If a person reasonably believes an animal has been left unattended in a parked vehicle in violation of R.S.4:22-17 and under inhumane conditions adverse to the health or welfare of the living animal, including, but not limited to, heat, cold, inadequate ventilation, or other circumstances likely to endanger the animal, or cause bodily injury or death to the animal, as prohibited by paragraph (3) of subsection a. of R.S.4:22-17 and subsection c. of R.S.4:22-26, the person shall:
(1) immediately report the circumstances to rescue personnel; and
(2) make a reasonable effort to locate the owner or other person responsible for the animal.
b. If the person or any responding rescue personnel has reasonable cause to believe that any delay in rescuing the animal would result in serious bodily injury or death to the animal, the person or responding rescue personnel may immediately break into and enter the vehicle and remove the animal to a safe location, with immunity from civil or criminal liability as provided by section 1 of this act. After rescuing the animal, the person shall immediately contact a law enforcement officer, certified animal control officer, or humane law enforcement officer or agent of the New Jersey Society for the Prevention of Cruelty to Animals or of a county society for the prevention of cruelty to animals, if one has not already been notified.
c. The rescue personnel, certified
animal control officer, or humane law enforcement officer or agent of the New
Jersey Society
for the Prevention of Cruelty to Animals or of a county society for the
prevention of cruelty to animals, contacted in accordance with subsection b. of
this section, shall immediately seek proper veterinary care for the animal and
commence any investigation necessary for a suspected violation of R.S.4:22-17
or R.S.4:22-26.
d. As used in this section, "rescue personnel" means a law enforcement officer, a member of a paid, part paid, or volunteer fire department or fire company, or ambulance, emergency, or rescue squad, a certified animal control officer, or humane law enforcement officer or agent of the New Jersey Society for the Prevention of Cruelty to Animals or of a county society for the prevention of cruelty to animals.
3. This act shall take effect immediately.
