New Jersey-2016-A765-Introduced

An Act concerning animal cruelty, euthanizing, and impoundment of animals, amending various parts of statutory law, supplementing chapter 22 of Title 4 of the Revised Statutes, and repealing R.S.4:22-19 and section 2 of P.L.1988, c.160.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. (New section) a. A person is guilty of improper euthanizing of an animal if the individual, while acting on the individual's behalf or as an employee or member of the staff of a kennel, shelter, pound, or other organization or entity providing for the shelter and care of animals, kills or causes the death of an animal by hypoxia induced by:

(1) decompression;

(2) the administration of a lethal gas other than an inhalant anesthetic;

(3) the use of succinylcholine chloride, curare, curariform drugs, or other substance which acts as a neuromuscular blocking agent; or

(4) means other than those used for the proper euthanizing of the animal in accordance with the American Veterinary Medical Association euthanasia guidelines.

Improper euthanizing of an animal is a disorderly persons offense.

b. A person is guilty of aggravated improper euthanizing of an animal if the person purposely violates subsection a. of this section.

Aggravated improper euthanizing of an animal is a crime of the fourth degree.

c. Each animal killed in violation of this section shall constitute a separate and distinct offense.

2. R.S.4:22-15 is amended to read as follows:

4:22-15. As used in this article:

"Animal" [or "creature" includes] means any member of the whole brute creation. The term "animal" shall not include human beings.

"Animal cruelty investigator" means a person 18 years of age or older who is a certified animal control officer as defined in section 1 of P.L.1941, c.151 (C.4:19-15.1) and , who is properly authorized by the governing body of a municipality to be an animal cruelty investigator.

"Bodily injury" means physical pain, illness or any impairment of physical condition.

"Caretaker" means a person who is in possession of an animal and upon whom the animal is primarily dependent for its care, health, safety and welfare.

"Domestic livestock" means "domestic livestock" as defined pursuant to section 1 of P.L.1995, c.311 (C.4:22-16.1).

"Domesticated animal" means a domestic companion animal as defined pursuant to subsection u. of N.J.S.2C:20-1 or any animal of a species commonly kept as a domestic companion animal. "Domesticated animal" shall not include domestic livestock.

"Euthanasia" means the act of inducing painless death.

"Euthanize" means the application of euthanasia to an animal.

"Humane law enforcement officer" means a humane law enforcement officer as defined pursuant to section 1 of P.L.2005, c.372 (C.4:22-11.1).

"Necessary care" means care sufficient to preserve the health and well-being of an animal, and includes, but is not limited to: food of sufficient quantity and quality to allow for normal growth or maintenance of body weight; adequate access to water in sufficient quantity and quality to satisfy the animal's needs; access to adequate protection from the weather; and veterinary care to alleviate suffering and maintain health.

"Owner [" or "person" includes a corporation, and the knowledge and acts of an agent or employee of a corporation in regard to animals transported, owned, employed, or in the custody of the corporation shall be imputed to the corporation.] of an animal" or "owner of the animal" means a person who is the caretaker of an animal in question and has the legal right of possession of the animal and any legal title to its ownership.

"Person" means "person" as defined under subsection g. of N.J.S.2C:1-14.

"Possession" means having physical custody of, having legal custody over, being in charge of, or having physical control over an animal, whether temporarily or as an owner of the animal, or a building, premises, or other real property.

"Serious bodily injury" means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

(cf: P.L.2013, c.88, s.1)

3. R.S.4:22-16 is amended to read as follows:

4:22-16. Nothing contained in [this act] chapter 22 of Title 4 of the Revised Statutes shall be construed to prohibit or interfere with:

a. Properly conducted scientific experiments performed under the authority of the Department of Health [and Senior Services] , the Department of Agriculture, or the United States Department of Agriculture. Those departments may authorize the conduct of such experiments or investigations by agricultural stations and schools maintained by the State or federal government, or by any public or private schools, medical societies, universities, colleges and institutions incorporated or authorized to do business in this State and having among their corporate purposes investigation into the causes, nature, prevention and cure of diseases in [men] human beings and animals; and may for cause revoke such authority.

b. The killing or disposing of an animal by virtue of the order of a constituted authority of the State or the federal government.

c. The shooting or taking of game or game fish in such manner and at such times as is allowed or provided by the laws of this State.

d. The training or engaging of a dog to accomplish a task or participate in an activity or exhibition designed to develop the physical or mental characteristics of that dog. These activities shall be carried out in accordance with the practices, guidelines or rules established by an organization founded for the purpose of promoting and enhancing working dog activities or exhibitions; in a manner which does not adversely affect the health or safety of the dog; and may include avalanche warning, guide work, obedience work, carting, dispatching, freight racing, packing, sled dog racing, sledding, tracking, and weight pull demonstrations.

e. The raising, keeping, care, treatment, marketing, and sale of domestic livestock in accordance with the standards developed and adopted therefor pursuant to subsection a. of section 1 of P.L.1995, c.311 (C.4:22‑16.1).

f. The killing or disposing of, by a reasonable or commercially acceptable method or means, a Norway or brown rat (Rattus norvegicus), black rat (Rattus rattus), or house mouse (Mus musculus) by any person, or with the permission or at the direction of that person, while the animal is on property either owned or leased by, or otherwise under the control of, that person, provided that the animal is not a pet.

g. The properly conducted practice of veterinary medicine by a licensed veterinarian.

h. The killing of animals other than domesticated animals that are causing damage to agricultural or horticultural crops and property.

(cf: P.L.1997, c.88, s.1)

4. The title to part B of article 2 of chapter 22 of Title 4 of the Revised Statutes is amended to read as follows:

B. [MISDEMEANORS AND FINES] CRIMINAL OFFENSES AND PENALTIES; PROHIBITED METHODS FOR DESTRUCTION OF ANIMALS.

(cf: Title, part B, article 2, chapter 22, Title 4 of the Revised Statutes)

5. R.S.4:22-19 is amended to read as follows:

4:22-19. a. A person who shall [:

a. Impound] impound or confine, or cause to be impounded or confined, in a kennel, pet shop, shelter, or pound or other place for impoundment, confinement, or holding of animals, [a living] an animal [or creature], and shall fail to supply it during such impoundment or confinement with a sufficient quantity of good and wholesome food and water [; or

b. Destroy or cause to be destroyed any such animal by hypoxia induced by decompression or in any other manner, by the administration of a lethal gas other than an inhalant anesthetic, or in any other manner except by a method of euthanasia generally accepted by the veterinary medical profession as being reliable, appropriate to the type of animal upon which it is to be employed, and capable of producing loss of consciousness and death as rapidly and painlessly as possible for such animal] shall [, in the case of a violation of subsection a.,] be guilty of a disorderly persons offense [and shall be punished as provided in subsection a. of R.S.4:22-17; or, in the case of a violation of subsection b., be subject to a penalty of $25 for the first offense and $50 for each subsequent offense. Each animal destroyed in violation of subsection b. shall constitute a separate offense. The penalty shall be collected in accordance with the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.) and all money collected shall be remitted to the State.

This], and notwithstanding the provisions of N.J.S.2C:43-3 to the contrary, for every such offense shall be fined not less than $500 nor more than $2,500, or be imprisoned for a term of not more than six months, or both, in the discretion of the court. Each animal involved in the violation shall constitute a separate and distinct offense.

b. For any violation of subsection a. of this section, in addition to imposing any other appropriate penalties established for a disorderly persons offense pursuant to Title 2C of the New Jersey Statutes, the court shall impose a term of community service of up to 30 days. The court also may require the violator to pay restitution to the owner of the animal, if known or identified, or otherwise reimburse any costs for food, drink, shelter, or veterinary care or treatment, or other costs, incurred by any agency, entity, or organization responding to, or investigating, the violation, including but not limited to the New Jersey Society for the Prevention of Cruelty to Animals, a county society for the prevention of cruelty to animals, any other recognized organization concerned with the prevention of cruelty to animals or the humane treatment and care of animals, or a local or State governmental entity.

c. Notwithstanding any other provision of law, or rule or regulation adopted pursuant thereto, to the contrary, this section shall apply to any facility which holds, impounds or confines animals, including, but not limited to:

(1) kennels, pet shops, shelters and pounds as defined and licensed pursuant to P.L.1941, c.151 (C.4:19-15.1 et seq.); [to pounds and] or

(2) holding areas, impounding services, or any places of confinement contracted, owned [and] , operated, or otherwise used by municipalities, counties, law enforcement officers or agencies, or regional governmental authorities [; and to every contractual warden or impounding service, any provision to the contrary in this title notwithstanding] for the holding, impoundment, or confinement of animals.

(cf: P.L.2001, c.229, s.3)

6. Section 1 of P.L.1988, c.160 (C.4:22-19.3) is amended to read as follows:

1. Whenever any dog, cat, or any other [domestic] domesticated animal is to be destroyed, the use of succinylcholine chloride, curare, curariform drugs, or any other substance which acts as a neuromuscular blocking agent is prohibited. A person who violates this section is guilty of improper euthanizing of an animal pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).

(cf: P.L.1988, c.160, s.1)

7. The title to part C of article 2 of chapter 22 of Title 4 of the Revised Statutes is amended to read as follows:

C. CIVIL PENALTIES; RECOVERY.

(cf: Title, part C, article 2, chapter 22, Title 4 of the Revised Statutes)

8. R.S.4:22-26 is amended to read as follows:

4:22-26. A person who shall:

a. (1) Overdrive, overload, drive when overloaded, overwork, abuse, or needlessly kill a living animal or creature, or cause or procure, by any direct or indirect means, including but not limited to through the use of another living animal or creature, any such acts to be done;

(2) Torment, torture, maim, hang, poison, unnecessarily or cruelly beat, cruelly abuse, or needlessly mutilate a living animal or creature, or cause or procure, by any direct or indirect means, including but not limited to through the use of another living animal or creature, any such acts to be done;

(3) Cause the death of, or serious bodily injury to, a living animal or creature from commission of any act described in paragraph (2), (4), (5), or (6) of this subsection,

by any direct or indirect means, including but not limited to through the use of another living animal or creature, or otherwise cause or procure any such acts to be done;

(4) Fail, as the owner or a person otherwise charged with the care of a living animal or creature, to provide the living animal or creature with necessary care, or otherwise cause or procure such an act to be done; or

(5) Cause bodily injury to a living animal or creature from commission of the act described in paragraph (4) of this subsection;

b. (Deleted by amendment, P.L.2003, c.232)

c. Inflict unnecessary cruelty upon a living animal or creature, by any direct or indirect means, including but not limited to through the use of another living animal or creature; or leave the living animal or creature unattended in a vehicle under inhumane conditions adverse to the health or welfare of the living animal or creature;

d. Receive or offer for sale a horse that is suffering from abuse or neglect, or which by reason of disability, disease, abuse or lameness, or any other cause, could not be worked, ridden or otherwise used for show, exhibition or recreational purposes, or kept as a domestic pet without violating the provisions of this article;

e. Keep, use, be connected with or interested in the management of, or receive money or other consideration for the admission of a person to, a place kept or used for the purpose of fighting or baiting a living animal or creature;

f. Be present and witness, pay admission to, encourage, aid or assist in an activity enumerated in subsection e. of this section;

g. Permit or suffer a place owned or controlled by [him] the person to be used as provided in subsection e. of this section;

h. Carry, or cause to be carried, a living animal or creature in or upon a vehicle or otherwise, in a cruel or inhumane manner;

i. Use a dog or dogs for the purpose of drawing or helping to draw a vehicle for business purposes;

j. Impound or confine or cause to be impounded or confined in a pound or other place a living animal or creature, and shall fail to supply the living animal or creature during such confinement with a sufficient quantity of good and wholesome food and water;

k. Abandon a maimed, sick, infirm or disabled animal or creature to die in a public place;

l. Willfully sell, or offer to sell, use, expose, or cause or permit to be sold or offered for sale, used or exposed, a horse or other animal having the disease known as glanders or farcy, or other contagious or infectious disease dangerous to the health or life of human beings or animals, or who shall, when any such disease is beyond recovery, refuse, upon demand, to deprive the animal of life;

m. Own, operate, manage or conduct a roadside stand or market for the sale of merchandise along a public street or highway; or a shopping mall, or a part of the premises thereof; and keep a living animal or creature confined, or allowed to roam in an area whether or not the area is enclosed, on these premises as an exhibit; except that this subsection shall not be applicable to: a pet shop licensed pursuant to P.L.1941, c.151 (C.4:19-15.1 et seq.); a person who keeps an animal, in a humane manner, for the purpose of the protection of the premises; or a recognized breeders' association, a 4-H club, an educational agricultural program, an equestrian team, a humane society or other similar charitable or nonprofit organization conducting an exhibition, show or performance;

n. Keep or exhibit a wild animal at a roadside stand or market located along a public street or highway of this State; a gasoline station; or a shopping mall, or a part of the premises thereof;

o. Sell, offer for sale, barter or give away or display live baby chicks, ducklings or other fowl or rabbits, turtles or chameleons which have been dyed or artificially colored or otherwise treated so as to impart to them an artificial color;

p. Use any animal, reptile, or fowl for the purpose of soliciting any alms, collections, contributions, subscriptions, donations, or payment of money except in connection with exhibitions, shows or performances conducted in a bona fide manner by recognized breeders' associations, 4-H clubs or other similar bona fide organizations;

q. Sell or offer for sale, barter, or give away living rabbits, turtles, baby chicks, ducklings or other fowl under two months of age, for use as household or domestic pets;

r. Sell, offer for sale, barter or give away living baby chicks, ducklings or other fowl, or rabbits, turtles or chameleons under two months of age for any purpose not prohibited by subsection q. of this section and who shall fail to provide proper facilities for the care of such animals;

s. Artificially mark sheep or cattle, or cause them to be marked, by cropping or cutting off both ears, cropping or cutting either ear more than one inch from the tip end thereof, or half cropping or cutting both ears or either ear more than one inch from the tip end thereof, or who shall have or keep in the person's possession sheep or cattle, which the person claims to own, marked contrary to this subsection unless they were bought in market or of a stranger;

t. Abandon a domesticated animal;

u. For amusement or gain, cause, allow, or permit the fighting or baiting of a living animal or creature;

v. Own, possess, keep, train, promote, purchase, or knowingly sell a living animal or creature for the purpose of fighting or baiting that animal or creature;

w. Gamble on the outcome of a fight involving a living animal or creature;

x. Knowingly sell or barter or offer for sale or barter, at wholesale or retail, the fur or hair of a domestic dog or cat or any product made in whole or in part from the fur or hair of a domestic dog or cat, unless such fur or hair for sale or barter is from a commercial grooming establishment or a veterinary office or clinic or is for use for scientific research;

y. (1) Knowingly sell or barter, or offer for sale or barter, at wholesale or retail, for human consumption, the flesh of a domestic dog or cat, or any product made in whole or in part from the flesh of a domestic dog or cat;

(2) Knowingly slaughter a horse for human consumption;

(3) Knowingly sell or barter, or offer for sale or barter, at wholesale or retail, for human consumption, the flesh of a horse, or any product made in whole or in part from the flesh of a horse, or knowingly accept or publish newspaper advertising that includes the offering for sale, trade, or distribution of any such item for human consumption;

(4) Knowingly transport a horse for the purpose of slaughter for human consumption;

(5) Knowingly transport horsemeat, or any product made in whole or in part from the flesh of a horse, for the purpose of human consumption;

z. Surgically debark or silence a dog in violation of section 1 or 2 of P.L.2002, c.102 (C.4:19-38 or C.4:19-39);

aa. Use a live pigeon, fowl or other bird for the purpose of a target, or to be shot at either for amusement or as a test of skill in marksmanship, except that this subsection and subsections bb. and cc. shall not apply to the shooting of game;

bb. Shoot at a bird used as described in subsection aa. of this section, or is a party to such shooting; [or]

cc. Lease a building, room, field or premises, or knowingly permit the use thereof for the purposes of subsection aa. or bb. of this section; or

dd. Improperly euthanize an animal by killing it through the use of decompression or the administration of a lethal gas other than an inhalant anesthetic, or through the use of succinylcholine chloride, curare, curariform drugs, another substance which acts as a neuromuscular blocking agent, or means other than those used for the proper euthanizing of the animal in accordance with the American Veterinary Medical Association euthanasia guidelines --

Shall forfeit and pay a sum according to the following schedule, to be sued for and recovered, with costs, in a civil action by any person in the name of the New Jersey Society for the Prevention of Cruelty to Animals or a county society for the prevention of cruelty to animals, as appropriate, or, in the name of the municipality if brought by a certified animal control officer or animal cruelty investigator:

For a violation of subsection e., f., g., u., v., w., or z. of this section or of paragraph (3) of subsection a. of this section, or for a second or subsequent violation of paragraph (2) or (5) of subsection a. of this section, a sum of not less than $3,000 nor more than $5,000;

For a violation of subsection l. of this section, for a first violation of paragraph (2) or (5) of subsection a. of this section, a sum of not less than $1,000 nor more than $3,000;

For a violation of subsection dd. of this section, a sum of not less than $500 nor more than $2,500;

For a violation of paragraph (4) of subsection a. of this section, or subsection c. of this section, a sum of not less than $500 nor more than $2,000;

For a violation of subsection x. or paragraph (1) of subsection y. of this section, a sum of not less than $500 nor more than $1,000 for each domestic dog or cat fur or fur or hair product or domestic dog or cat carcass or meat product sold, bartered, or offered for sale or barter;

For a violation of paragraph (2), (3), (4), or (5) of subsection y. of this section, a sum of not less than $500 nor more than $1,000 for each horse slaughtered or transported for the purpose of slaughter for human consumption, or for each horse carcass or meat product transported, sold or bartered, or offered or advertised for sale or barter;

For a violation of subsection t. of this section, a sum of not less than $500 nor more than $1,000, but if the violation occurs on or near a highway, a mandatory sum of $1,000;

For a violation of subsection d., h., j., k., aa., bb., or cc. of this section or of paragraph (1) of subsection a. of this section, a sum of not less than $250 nor more than $1,000; and

For a violation of subsection i., m., n., o., p., q., r., or s. of this section, a sum of not less than $250 nor more than $500.

(cf: P.L.2013, c.88, s.3)

9. Section 1 of P.L.1995, c.255 (C.4:22‑26.1) is amended to read as follows:

1. [An] A humane law enforcement officer or an agent of the New Jersey Society for the Prevention of Cruelty to Animals or a county society for the prevention of cruelty to animals, an animal cruelty investigator, or a certified animal control officer, may petition [a court of competent jurisdiction] the Superior Court or a municipal court, as appropriate, to have [any animal] confiscated [and forfeited] , pending the disposition of an alleged animal cruelty violation, any animal that is owned or possessed by a person charged with the animal cruelty violation, and have the animal forfeited 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] any animal cruelty provision of chapter 19 or 22 of Title 4 of the Revised Statutes, or liable for a civil penalty pursuant to R.S.4:22-26.

Upon a finding that the continued possession by that person poses a threat to the [animal's] welfare of the animal, 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 19 or 22 of Title 4 of the Revised Statutes, including but not limited to, R.S.4:22-26, adjudge an animal forfeited for such disposition as the court deems appropriate.

(cf: P.L.1995, c.255, s.1)

10. R.S.4:22-51 is amended to read as follows:

4:22-51. When a living animal [or creature] is impounded or confined [as provided in section 4:22-19 of this title], and [shall continue to be without] is not provided necessary food and water for more than twelve successive hours, any person may, from time to time as often as is necessary, enter into or upon the [pound in which] kennel, shelter, pound, or other facility where the animal [or creature] is impounded or confined and supply it with necessary food and water [so] for as long as [it shall remain] the animal remains impounded or confined. Such person shall not be liable to an action for such entry.

The actual cost of the food, water and bedding provided, [together with] and an additional amount of twenty [per cent additional] percent of that cost, may be collected by [such] the person providing the food, water, and bedding from the owner of the animal [or creature] in an action at law [, together with costs, and the . The animal [or creature] shall not be exempt from levy and sale upon [an execution issued upon] the issuance of a judgment therefor.

(cf: R.S.4:22-51)

11. R.S.4:22-19 is hereby repealed.

12. (New section) Notwithstanding the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) to the contrary, any violations or offenses committed, or in the process of being adjudicated under R.S.4:22-19 on or before the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), shall be adjudicated pursuant to those laws, as applicable.

13. Section 2 of P.L.1988, c.160 (C.4:22-19.4) is hereby repealed.

14. (New section) Notwithstanding the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) to the contrary, any violations or offenses committed, or in the process of being adjudicated under section 2 of P.L.1988, c.160 (C.4:22-19.4) on or before the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), shall be adjudicated pursuant to those laws, as applicable.

15. This act shall take effect immediately, except for sections 11 and 12 which shall take effect upon the date of enactment of P.L. , c. (C. ) (pending before the Legislature as Assembly Bill No. 3904 of 2012-2013 - revises animal cruelty offenses involving neglect).

STATEMENT

This bill establishes the criminal animal cruelty offenses of improper euthanizing of an animal and aggravated improper euthanizing of an animal, and updates civil penalties for animal cruelty offenses to reflect these offenses. It also revises the law concerning the care and euthanizing of impounded animals, and the impoundment of seized animals.

A person is guilty of improper euthanizing of an animal if the individual, while acting on the individual's behalf or as an employee or member of the staff of a kennel, shelter, pound, or other organization or entity providing for the shelter and care of animals, kills or causes the death of an animal by hypoxia induced by: 1) decompression; 2) the administration of a lethal gas other than an inhalant anesthetic; 3) the use of succinylcholine chloride, curare, curariform drugs, or other substance which acts as a neuromuscular blocking agent; or 4) means other than those used for the proper euthanizing of the animal in accordance with the American Veterinary Medical Association euthanasia guidelines. If the person purposely kills or causes the death of an animal in this manner, the person is guilty of aggravated improper euthanizing of an animal.

The bill establishes improper euthanizing of an animal as a disorderly persons offense, and aggravated improper euthanizing of an animal as a crime of the fourth degree. It also provides for the imposition of civil penalties of $500 to $2,500 for these offenses.