Bill Text: NJ A4143 | 2016-2017 | Regular Session | Introduced
Bill Title: Provides for confiscation and forfeiture of animals involved in animal cruelty violations, and for cost of their care while being held.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2016-09-19 - Introduced, Referred to Assembly Agriculture and Natural Resources Committee [A4143 Detail]
Download: New_Jersey-2016-A4143-Introduced.html
Sponsored by:
Assemblyman TIM EUSTACE
District 38 (Bergen and Passaic)
SYNOPSIS
Provides for confiscation and forfeiture of animals involved in animal cruelty violations, and for cost of their care while being held.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the confiscation and forfeiture of animals involved in animal cruelty offenses, and amending and supplementing Title 4 of the Revised States.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1995, c.255 (C.4:22-26.1) is amended to read as follows:
1. [An] Notwithstanding the provisions of R.S.4:22-47, R.S.4:22-28, or any other law, or rule or regulation adopted pursuant thereto, to the contrary, a humane law enforcement officer or agent of the New Jersey Society for the Prevention of Cruelty to Animals, an agent of a county society the prevention of cruelty to animals, other law enforcement officer, or a certified animal control officer [,] may petition a court of competent jurisdiction to have any animal confiscated [and forfeited] that is owned or possessed by a person at the time the person is [found to be guilty of violating R.S.4:22-17, R.S.4:22-18, R.S.4:22-19, R.S.4:22-20 or R.S.4:22-23] charged with an alleged animal cruelty violation 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 petition for the animal's care pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill). [Upon] Within 14 days of finding the person guilty of the alleged animal cruelty violation, or upon a finding that the continued possession by [that] the person poses a threat to the animal's welfare, the court may, in addition to any other penalty that may be imposed for a violation of [R.S.4:22-17, R.S.4:22-18, R.S.4:22-19, R.S.4:22-20 or R.S.4:22-23] 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, adjudge [an] the animal forfeited for such disposition as the court deems appropriate pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.1995, c.255, s.1).
2. (New section) a. Notwithstanding the provisions of any law, rule, or regulation to the contrary, a humane law enforcement officer or agent of the New Jersey Society for the Prevention of Cruelty to Animals or a county society the prevention of cruelty to animals, other law enforcement officer, or a certified animal control officer who has probable cause to believe an animal cruelty violation has occurred:
(1) may immediately take physical custody of any animal involved that is injured or at risk of imminent harm due to the violation and any other animals that the officer or agent believes are in danger of imminent harm;
(2) shall place them in the custody and care of an enforcement agency or animal care provider; and
(3) as soon as practicable thereafter, shall file a petition pursuant to section 1 of P.L.1995, c.255 (C.4:22-26.1) for the confiscation and placement for care of any animal taken into custody pursuant to this subsection.
b. For the purpose of this subsection, "animal cruelty violation" means a criminal or civil animal cruelty violation 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.
3. (New section) a. Except as provided in subsection l. of this section, the owner of the animal or person with custody or control of the animal at the time of the alleged violation shall be liable for any reasonable costs incurred by the taking into custody and care of the animal pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill). Reasonable costs shall include, but need not be limited to, the cost of transportation, veterinary care, board, shelter, or farrier services for the animal.
b. The enforcement agency or the animal care provider that takes possession of an animal pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), pending the disposition of the animal cruelty violation and final disposition of the animal, shall file a petition to the court to issue an order to place the animal in the care of the enforcement agency or the animal care provider upon confiscation of the animal by the court. The petitioning enforcement agency or animal care provider shall serve a true copy of the petition upon the owner or person with custody or control of the animal at the time of the alleged violation, or post it at the last known address of the owner or such person. If a person other than the owner of the animal or the person with custody or control of the animal at the time of the alleged violation is the alleged animal cruelty violator, the petitioning enforcement agency or animal care provider shall also serve a true copy of the petition upon the alleged violator or post it at the last known address of the alleged violator.
c. Upon receipt of a petition filed pursuant to subsection b. of this section, the court shall set a hearing for the confiscation and placement for care of the animal. The hearing shall be conducted as soon as practicable no sooner than 10 days, but no later than 21 days, after the date on which the petition is filed. The hearing shall be limited to the confiscation and placement for care of the animal. Failure to hold the hearing within 21 days after the filing of the petition shall in no way determine the disposition of the animal being held or effect the disposition of the animal cruelty violation.
d. No later than 10 days after the filing of the petition pursuant to subsection b. of this section and prior to the hearing held pursuant to subsection c. of this section, the court shall determine the amount sufficient to repay all reasonable costs incurred, and anticipated to be incurred, for the care of the animal at the enforcement agency or animal care provider for at least thirty days, and the necessary amount of security deposit or bond to be posted pursuant to subsection e. of this section. The court shall determine the amount based on the information and estimated costs presented to the court by the petitioning enforcement agency or animal care provider. The court may only reduce the required amount of the security deposit or bond if the court concludes at a separate hearing, and with sufficient proof, that the owner of the animal or person with custody and control of the animal at the time of the alleged violation is unable to pay the full amount. The court shall not completely waive the security deposit or bond and shall require at least a minimum and reasonable deposit of funds for the cost of care of the animal as would be required to adequately care for such animals by a reasonable person at the person's home for 30 days.
e. No later than five days after the date of the court's determination pursuant to subsection d. of this section and prior to the hearing held pursuant to subsection c. of this section, the owner of the animal or person with custody and control of the animal at the time of the alleged violation shall post a security deposit or bond with the municipal or county treasurer, as directed by the court, in the amount determined by the court pursuant to subsection d. of this section.
f. At a hearing conducted pursuant to subsection c. of this section, the petitioning enforcement agency or animal care provider shall have the burden of establishing probable cause for believing that the animal was the subject of an animal cruelty violation or was at risk of harm from the alleged violator. A prior finding of probable cause to proceed on the criminal case of animal cruelty pursuant to R.S.4:22-17 or R.S.4:22-24 shall establish a presumption that probable cause exists for the confiscation of the animal.
g. If the court finds probable cause exists and the owner or person with custody and control of the animal at the time of the alleged violation does not comply with subsection e. of this section, the court shall order immediate forfeiture of the animal to the petitioning enforcement agency or animal care provider. If the court finds probable cause exists and the owner or person with custody and control of the animal at the time of the alleged violation complies with subsection e. of this section, the court shall order confiscation of the animal and placement for care of the animal with the petitioning enforcement agency or animal care provider until final disposition of the alleged animal cruelty violation. If the court finds no probable cause exists, the animal shall be returned to its owner of the animal or the person with custody and control of the animal at the time of the alleged violation and all security deposits and bonds posted shall be reimbursed, pending final disposition of the animal cruelty violation.
h. If the disposition of the animal cruelty violation is still pending 15 days before the end of the time for which expenses are covered by the security deposit or bond posted pursuant to subsection e. of this section, the court shall order the owner of the animal, or the person with custody and control of the animal at the time of the alleged violation, to post an additional security deposit or bond with the municipal or county treasurer, which shall be posted no later than the expiration date of the previous security deposit or bond. The court may correct, alter, or otherwise adjust the new security deposit or bond upon a motion made before the expiration date of the previous security deposit or bond, provided however, no person may file more than one motion seeking an adjustment to the new security deposit or bond.
i. If a security deposit or bond has been posted pursuant to this section, the enforcement agency or animal care provider may draw from that security deposit or bond reasonable costs for caring for the animal from the date of the animal being placed in the custody of the enforcement agency or animal care provider to the date of final disposition of the animal after disposition of the animal cruelty violation.
j. An animal shall be deemed abandoned and the enforcement agency or animal care provider may determine final disposition of the animal if:
(1) the owner or person with custody or control of the animal at the time of the alleged animal cruelty violation does not claim an ownership interest in the animal within 10 days after the date of being taken into custody pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill);
(2) a security deposit or bond expires before an additional security deposit or bond is posted; or
(3) no security deposit or bond is posted as required pursuant to this section.
An owner or person with custody or control of the animal at the time of the alleged animal cruelty violation who abandons an animal pursuant to paragraph (1) of this subsection shall be guilty of abandoning an animal and subject to the penalties provided therefor pursuant to subsection b. of R.S.4:22-20 and the applicable provisions of R.S.4:22-26.
k. The owner of the animal, or the person with custody and control of the animal at the time of the alleged violation, shall be liable for all unpaid reasonable costs of the care or disposal of the animal. Posting of the security deposit or bond shall not prevent the enforcement agency or animal care and control agency from disposing of the seized or impounded animal before the expiration of the period covered by the security deposit or bond if the owner relinquishes or surrenders the animal and the State consents to the disposition of the animal involved in any pending animal cruelty violation case.
l. Upon disposition of the animal cruelty violation and final disposition of the animal, any remaining funds deposited with the municipal or county treasurer which have not been expended in the care, keeping, or disposal of the animal shall be remitted to the owner of the animal or the person with custody and control of the animal at the time of the alleged violation. If the alleged animal cruelty violator is found guilty, or liable for, any charge of animal cruelty, and the animal cruelty violator is not the owner of the animal or the person with custody and control of the animal at the time of the alleged violation, the court shall order the violator to pay the owner of the animal or the person with custody and control of the animal at the time of the alleged violation any security deposit or bond posted thereby, and any uncovered reasonable expenses incurred by the enforcement agency or animal care provider. The court may forfeit all animals owned by the animal cruelty violator to the enforcement agency or animal care provider. If the alleged animal cruelty violator is acquitted of all charges, the court may return the animals to the owner of the animal or the person with custody and control of the animal at the time of the alleged violation, upon a determination that the owner or other person is able to adequately care for the animal.
m. Notwithstanding any other provisions of law, or rule or regulation adopted pursuant thereto, to the contrary, an animal may be euthanized immediately, if a licensed veterinarian determines and certifies in writing, after examining the animal, that the animal is experiencing intractable and extreme pain and is beyond any reasonable hope of recovery.
n. No proceeding under this section shall be used as a basis for a continuance or to delay the criminal case nor shall proceedings in the criminal case, other than dismissal, be used as a basis to delay or continue the forfeiture proceeding as provided for in this section. Proceedings under this section are of a civil nature and governed by the State rules of civil procedure except as to limitations upon the discovery process. Due to the need to conduct, any proceeding necessary under this section in an expeditious manner, and the right of any criminal defendant to avoid self-incrimination, any and all discovery requests shall be granted only under authority of the court. Discovery shall be authorized with the intent to provide the necessary information relating directly to the evidence for the probable cause proceeding. In no event shall discovery mechanisms be used to unreasonably burden the opposing party. Discovery mechanisms shall not include the deposition of any party, witness or representative, the use of interrogatories, or the demand to inspect any records outside the immediate reports and financial accountings for the animal in question.
o. Nothing in this section is meant to hinder or prevent the State from holding any animal as evidence pending disposition in a criminal case.
p. No enforcement agency or animal care provider shall be held liable for holding or providing care for any animal pursuant to this section.
q. For the purposes of this section:
"Animal care provider" means any animal rescue organization or animal rescue organization facility, foster home, shelter, pound, or other facility authorized or otherwise used for holding an animal pending disposition of a criminal or civil charge of animal cruelty.
"Animal cruelty violation" means a criminal or civil animal cruelty violation 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.
"Enforcement agency" means any agency, department, organization or society or representative thereof involved in law enforcement or animal control, or monitoring of animal welfare and animal cruelty violations, including, but not necessarily limited to, the New Jersey Society for the Prevention of Cruelty to Animals, a county society the prevention of cruelty to animals, or municipal law enforcement animal holding facilities.
4. Section 6 of P.L.1989, c.35 (C.4:22‑48.1) is amended to read as follows:
6. a. A person authorized to take possession of [a living] an animal [or creature] pursuant to R.S. 4:22‑47 [may] and section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), shall provide such shelter, care, and treatment therefor, including veterinary care and treatment, that is reasonably necessary, the costs of which shall be borne by the owner of the seized animal [or creature] as provided pursuant to R.S.4:22‑48 and section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. Notwithstanding the provisions of R.S.4:22‑48 to the contrary, a person seizing [a living] an animal [or creature] pursuant to R.S.4:22‑47 and section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), may [destroy it] euthanize or provide for the euthanizing of the animal before [it is adjudged forfeited] a court has ruled on the forfeiture, sale or euthanizing of the animal, if the person seizing the animal [or creature is thought] believes the animal to be beyond reasonable hope of recovery [, the] and as provided pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill). The cost of [which destruction] euthanizing of the animal shall be borne by the owner of the seized animal [or creature] pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill). A person [destroying an animal or creature] acting pursuant to the authority of this subsection shall not be liable [therefor] for any damages to the owner of the animal [or creature].
(cf: P.L.1989, c.34, s.6)
5. Section 1 of P.L.1997, c.121 (C.4:22‑48.2) is amended to read as follows:
1. The costs of sheltering, caring for, or treating any animal that has been confiscated from a person arrested pursuant to the provisions of R.S.4:22‑47 by [an agent] a humane law enforcement officer of the New Jersey Society for the Prevention of Cruelty to Animals or of a county society for the prevention of cruelty to animals, an animal cruelty investigator or any other person authorized to make an arrest pursuant to article 2 of chapter 22 of Title 4 of the Revised Statutes, or an animal confiscated pursuant to section 1 of P.L.1995, c.255 (C.4:22-26.1) and section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) until the animal is adjudged forfeited or until the animal is returned to the owner, shall be borne by the owner of the animal pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.1997, c.121, s.1)
6. R.S.4:22‑50 is amended to read as follows:
4:22-50. When a person arrested [under the provisions of this article] is in charge of an animal at the time of the arrest, with or without a vehicle attached, [and there is no one then present, other than the person arrested, to take charge of the property as owner or employee], the person making the arrest [may take charge thereof or request a proper person to do so] shall take the animal to an enforcement agency or animal care facility as provided for in section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).
The person making the arrest shall promptly notify the owner of the taking of the animal or other property, as applicable, and [its] the place of custody, [either] in person, by telephone, or by mailing a notice to [his] the last known [post‑office] address[, and a] of the owner. The person [in] taking charge of the animal or other property at the time of the arrest, with permission of the owner, shall be deemed the agent of the owner to receive such notice.
(cf: R.S.4:22-50)
7. This act shall take effect immediately.
STATEMENT
This bill provides for the confiscation and forfeiture of animals involved in animal cruelty violations, and for the coverage of the cost of their care while the animals are held pending violation and forfeiture proceedings.
