Bill Text: NJ A4266 | 2014-2015 | Regular Session | Amended
Bill Title: Revises criteria for determining whether dog is vicious or potentially dangerous.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-06-04 - Reported out of Assembly Comm. with Amendments, 2nd Reading [A4266 Detail]
Download: New_Jersey-2014-A4266-Amended.html
Sponsored by:
Assemblyman TIM EUSTACE
District 38 (Bergen and Passaic)
SYNOPSIS
Revises criteria for determining whether dog is vicious or potentially dangerous.
CURRENT VERSION OF TEXT
As reported by the Assembly Agriculture and Natural Resources Committee on June 4, 2015, with amendments.
An Act concerning vicious dogs and potentially dangerous dogs, and amending P.L.1989, c.307.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 6 of P.L.1989, c.307 (C.4:19-22) is amended to read as follows:
6. a. The municipal court shall declare the dog vicious if it finds by clear and convincing evidence that the dog:
(1) killed a person or caused serious bodily injury as defined in N.J.S.2C:11-1(b) to a person; or
(2) has engaged in dog fighting activities as described in R.S.4:22-24 and R.S.4:22-26, 1[and
(a) poses a threat of serious bodily injury or death to a person, or
(b) poses a threat of death to another domestic animal] and poses a threat of serious bodily injury or death to a person1.
b. A dog shall not be declared vicious for inflicting death or serious bodily injury as defined in N.J.S.2C:11-1(b) upon a person if the dog was provoked. The municipality shall bear the burden of proof to demonstrate that the dog was not provoked.
c. If the municipal court declares a dog to be vicious, and no appeal is made of this ruling pursuant to section 9 of P.L.1989, c.307 (C.4:19-25), the dog shall be destroyed in a humane and expeditious manner, except that no dog may be destroyed during the pendency of an appeal.
(cf: P.L.1994, c.187, s.3)
2. Section 7 of P.L.1989, c.307 (C.4:19-23) is amended to read as follows:
7. a. The municipal court shall declare a dog to be potentially dangerous if it finds by clear and convincing evidence that the dog:
(1) caused bodily injury as defined in N.J.S.2C:11-1(a) to a person during an unprovoked attack, and poses a [serious] threat of serious bodily injury or death to a person, or
(2) severely injured or killed another domestic animal , or has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals, and
(a) poses a threat of serious bodily injury or death to a person; or
(b) poses a threat of death to another domestic animal [, or
(3) has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals].
b. A dog shall not be declared potentially dangerous for:
(1) causing bodily injury as defined in N.J.S.2C:11-1(a) to a person if the dog was provoked, or
(2) severely injuring or killing a domestic animal if the domestic animal was the aggressor.
For the purposes of paragraph (1) of this subsection, the municipality shall bear the burden of proof to demonstrate that the dog was not provoked.
c. If a municipal court finds by clear and convincing evidence that a dog has engaged in dog fighting activities as described in R.S.4:22-24 and R.S.4:22-26 but does not meet the criteria to be declared vicious under paragraph (2) of section 6 of P.L.1989, c.307 (C.4:19-22), the court may declare the dog potentially dangerous or, alternatively, order disposition of the dog as provided pursuant to R.S.4:22-48.
(cf: P.L.2002, c.24, s.1)
3. This act shall take effect immediately.
