Bill Text: NJ A4936 | 2022-2023 | Regular Session | Introduced
Bill Title: Allows certain employees of DCPP to report animal abuse to humane law enforcement officer.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-12-05 - Introduced, Referred to Assembly Agriculture and Food Security Committee [A4936 Detail]
Download: New_Jersey-2022-A4936-Introduced.html
Sponsored by:
Assemblywoman MICHELE MATSIKOUDIS
District 21 (Morris, Somerset and Union)
SYNOPSIS
Allows certain employees of DCPP to report animal abuse to humane law enforcement officer.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning animal abuse and supplementing chapter 22 of Title 4 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this section:
"Animal" means any animal commonly referred to as a pet that was bought, bred, raised, or otherwise acquired for the primary purpose of providing companionship to the owner, or any domestic livestock, including cattle, poultry, fowl, sheep, rabbits, swine, goats, horses, other equines, and any other domesticated animal deemed by the State Board of Agriculture and the Department of Agriculture, in consultation with the New Jersey Agricultural Experiment Station, to be domestic livestock.
"Animal abuse, cruelty, or neglect" means any act enumerated as a violation of the provisions of chapter 22 of Title 4 of the Revised Statutes or any other provision of law which establishes a crime against an animal.
b. An employee of the Division of Children Protection and Permanency in the Department of Children and Families designated by the Commissioner of Children and Families to investigate child abuse and neglect, while acting within the scope of the employee's employment, who has reason to believe that an animal has been subjected to, or witnesses an act of, animal abuse, cruelty, or neglect, may report the suspected act of animal abuse, cruelty, or neglect:
(1) to the designated municipal humane law enforcement officer in the municipality in which the suspected or witnessed act of animal abuse, cruelty, or neglect occurred; or
(2) in a municipality without a designated municipal humane law enforcement officer, to the chief county humane law enforcement officer, the county society for the prevention of cruelty to animals, or any other person authorized by the governing body of the municipality to act as a humane law enforcement officer.
c. (1) An employee of the division who makes a report of an act of suspected or witnessed animal abuse, cruelty, or neglect pursuant to subsection b. of this section shall file the report on a form and in a manner prescribed by the animal cruelty prosecutor of the county where the report is made. The report shall be filed no later than two business days after the suspected or witnessed act of animal abuse, cruelty, or neglect occurred, except that in cases where an immediate response to the report is necessary to protect the health and safety of the animal, the report shall be filed immediately.
(2) A report filed pursuant to paragraph (1) of this subsection shall contain:
(a) the employee's name and title, the division's address, and the division's telephone number;
(b) the name of the owner, handler, or custodian of the animal involved in the suspected or witnessed act of animal abuse, cruelty or neglect, if known;
(c) the date, time, and description of the suspected or witnessed act of animal abuse, cruelty, or neglect;
(d) the type of animal involved in the suspected or witnessed act of animal abuse, cruelty, or neglect;
(e) the location of the animal and the premises where the suspected or witnessed act of animal abuse, cruelty, or neglect took place, and a description of such location and premises; and
(f) any other information the employee believes may be relevant to the report.
(3) If two or more employees of the division, while acting within the scope of their employment, suspect or witness an act of animal abuse, cruelty, or neglect, and more than one such employee agrees that a report should be submitted pursuant to subsection b. of this section, the employees shall take steps to ensure that no more than one report is submitted concerning the suspected or witnessed act of animal abuse, cruelty, or neglect.
d. An employee who makes a report of an act of suspected or witnessed animal abuse, cruelty, or neglect pursuant to subsection b. of this section, provides records or information relating to the report, or testifies in any judicial proceeding arising from the report shall be immune from liability for any actions taken in good faith and shall be presumed to be acting in good faith unless it is shown by clear and convincing evidence that the employee acted in bad faith or with malicious purpose.
e. Nothing in this section shall be construed to require that an employee of the division report an act of suspected or witnessed animal abuse, cruelty, or neglect.
f. The Department of Children and Families, in consultation with the Department of Agriculture, may develop and implement a training and education program on the identification of animal abuse, cruelty, or neglect and the relationship between animal abuse, cruelty, or neglect, child abuse, and child welfare case practice, which program, if developed, shall be made available to employees of the division who investigate child abuse and neglect.
2. In accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Commissioner of Agriculture, in consultation with the Commissioner of Children and Families, shall adopt rules and regulations necessary to implement the provisions of this act.
3. This act shall take effect
on the 90th day after the date of enactment.
STATEMENT
This bill allows an employee of the Division of Children Protection and Permanency (DCPP), in the Department of Children and Families (the department), who investigates child abuse and neglect and has reason to believe that an animal has been subjected to, or who witnesses an act of animal abuse, cruelty, or neglect, to report the suspected or witnessed act of animal abuse, cruelty, or neglect. Nothing in the bill requires an employee to report such an act.
Under the provisions of the bill, the employee may report the suspected or witnessed act of animal abuse, cruelty, or neglect to: (1) the designated municipal humane law enforcement officer in the municipality in which the suspected or witnessed act of animal abuse, cruelty, or neglect occurred; or (2) in a municipality without a designated municipal humane law enforcement officer, to the chief county humane law enforcement officer, the county society for the prevention of cruelty to animals, or any other individual authorized by the governing body of the municipality to act as a humane law enforcement officer.
An employee who makes a report of an act of suspected or witnessed animal abuse, cruelty, or neglect is to file the report on a form and in a manner prescribed by the animal cruelty prosecutor of the county where the report is made. The report is to be filed no later than two business days after the suspected or witnessed act of animal abuse, cruelty, or neglect occurred. In cases where an immediate response to the report is necessary to protect the health and safety of animal, the report is to be filed immediately.
The report is to contain information about the employee making the report, the name of the animal's owner, handler, or custodian, the type of animal involved in, and a description of, the suspected or witnessed act of animal abuse, cruelty, or neglect, and any other information that may be relevant to the report.
The bill allows two or more employees who jointly have reason to believe that an animal has been subjected to, or witness an act of, animal abuse, cruelty, or neglect, and agree that a report should be made, to select, by mutual agreement, the employee responsible for filing the report. If a report is not filed by the designated employee, one of the other employees may do so.
The bill also stipulates that an employee who makes a report of an act of animal abuse, cruelty, or neglect, provides records or information relating to the report, or testifies in any judicial proceeding arising from the report, is immune from liability for any actions taken in good faith, unless it can by shown by clear and convincing evidence that the employee acted maliciously or in bad faith.
Under the provisions of the bill, the department may, in consultation with the Department of Agriculture, develop and implement a training and education program on the identification of animal abuse, cruelty, or neglect and the relationship between animal abuse, cruelty, or neglect, child abuse, and child welfare case practice. The program, if developed, will be made available to DCPP employees who investigate child abuse and neglect.
Over the past 20 years, there has been a growing recognition of the link between cruelty to animals, domestic violence, and the maltreatment of children. In one study, 53 percent of women who had experienced domestic abuse said their partners had either killed or harmed the family pet.
Results from another study suggest that animal abuse may be a red flag indicative of family violence in the home. Specifically, about 60 percent of the study's participants who witnessed or perpetrated animal cruelty as a child also reported experiences with child maltreatment or domestic violence. These studies highlight the fact that child protective services professionals should be alert to animal abuse, cruelty, and neglect as a possible indicator of domestic violence and child abuse in the home.
Twelve states, including Massachusetts and California, have enacted cross-reporting laws which allow for a multi-disciplinary approach to the investigation of animal abuse, cruelty, or neglect and child maltreatment.
It is the sponsor's intent to provide a framework which allows for the cross-reporting of acts of animal abuse, cruelty, or neglect and child abuse and neglect, similar to Massachusetts and California law, without placing an additional mandate on an already overburdened child protective services system.
