Bill Text: NJ S2211 | 2022-2023 | Regular Session | Introduced
Bill Title: Establishes Animal Advocate Program in AOC.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2022-03-07 - Introduced in the Senate, Referred to Senate Environment and Energy Committee [S2211 Detail]
Download: New_Jersey-2022-S2211-Introduced.html
Sponsored by:
Senator BRIAN P. STACK
District 33 (Hudson)
SYNOPSIS
Establishes Animal Advocate Program in AOC.
CURRENT VERSION OF TEXT
As introduced.
An Act establishing the Animal Advocate Program in the Administrative Office of the Courts and supplementing Title 2A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. The Administrative Director of the Courts shall establish a two-year Statewide Animal Advocate Program. As part of this program, in any criminal court proceeding pursuant to R.S.4:22-17 et seq. or pursuant to section 1 of P.L.2015, c.85 (C.2C:33-31), or in any other criminal proceeding that affects the welfare or care of an animal, the court may order, upon its own initiative or upon request of the State or a party or counsel for a party, that a separate advocate be appointed to represent the best interests of, and justice for, the animal. If a court orders an advocate to be appointed, the advocate shall be appointed from a list provided to the court by the director. A decision by the court denying or approving a request to appoint a separate advocate to represent the best interests of, and justice for, the animal shall not be subject to appeal.
b. (1) The advocate shall:
(a) monitor the case;
(b) attend hearings;
(c) share with attorneys for the State and defendant any information new to the case or prepared by the advocate;
(d) have access to and review all relevant records concerning the condition of the animal and the defendant's actions, including, but not limited to, records from certified animal control officers, veterinarians and police officers; and
(e) present information or recommendations to the court that relate to the best interests of, and justice for, the animal, including placement of the animal.
(2) The advocate may:
(a) consult any individual with information relating to the welfare or care of the animal; and
(b) make, prior to sentencing, an in-person statement directly to the sentencing court regarding the impact of the crime upon the animal.
c. The director shall maintain a list of attorneys with knowledge of animal issues and the legal system and a list of law schools that have students with an interest in animal issues and the legal system. Such attorneys and law students shall be eligible to serve as advocates on a voluntary basis under this section. In order to be eligible, attorneys and law students shall (1) be authorized to make court appearances in the State of New Jersey; (2) be familiar with criminal court proceedings pursuant to R.S.4:22-17 et seq. or pursuant to section 1 of P.L.2015, c.85 (C.2C:33-31), or any other criminal proceeding that affects the welfare or care of an animal; and (3) be familiar with an advocate's duties as set forth in this act. The provisions of R.1:21-3 of the Rules of Court shall govern a law student's participation as an advocate under this section.
d. Two years following the establishment of the program, the director shall submit to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), a report containing information on the implementation of the program, which shall include the director's recommendations on the advisability of continuing the program.
2. This act shall take effect on the first day of the sixth month next following the date of enactment, except that the Administrative Office of the Courts may take any anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act. This act shall apply to all cases initiated on and after the effective date and shall expire two years after enactment.
STATEMENT
This bill establishes a two-year Statewide Animal Advocate Program in the Administrative Office of the Courts (AOC). The bill authorizes a court to appoint an advocate in certain criminal cases that affect the welfare or care of an animal. The program would expire after two years notwithstanding a recommendation of continuing the program.
In certain criminal court proceedings pursuant to R.S.4:22-17 et seq. (animal cruelty) or section 1 of P.L.2015, c.85 (C.2C:33-31 et al.) (dog fighting), or in any other criminal proceeding regarding the welfare or custody of an animal, the court may order, upon its own initiative or upon request of the State or a party or counsel for a party, that a separate advocate be appointed to represent the best interests of, and justice for, the animal. The bill directs the court to select an advocate from a list provided to the court by the AOC. The bill requires the AOC maintain two lists: one containing names of attorneys with knowledge of animal issues and the legal system; and the other containing law schools that have students with an interest in animal issues and the legal system. These attorneys and law students would serve as advocates on a voluntary basis.
The advocate is to exercise the following duties: (a) monitor the case; (b) attend hearings; (c) share with attorneys for the State and defendant any information new to the case or prepared by the advocate; (d) have access to and review all relevant records concerning the condition of the animal and the defendant's actions, including, but not limited to, records from certified animal control officers, veterinarians and police officers; and (e) present information or recommendations to the court that relate to the best interests of, and justice for, the animal, including placement of the animal.
The bill requires the director to submit a report to the Governor and the Legislature containing information on the implementation of the program, which would include recommendations on the advisability of continuing the program two years following the establishment of the program.
The bill is to take effect on the first day of the sixth month next following the date of enactment. The AOC may take administrative action prior to the effective date as necessary for the implementation of the program.
This bill is modeled on Conn. Gen. Stat. Ann. 54-86n, commonly referred to as "Desmond's Law" and named after a dog which was abused and strangled to death by its owner in 2012.
