Bill Text: NJ S3073 | 2012-2013 | Regular Session | Introduced
Bill Title: Establishes mandatory minimum term of imprisonment for harming or threatening to harm animal owned or used by a law enforcement agency or a search and rescue dog.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-12-05 - Introduced in the Senate, Referred to Senate Economic Growth Committee [S3073 Detail]
Download: New_Jersey-2012-S3073-Introduced.html
Sponsored by:
Senator JEFF VAN DREW
District 1 (Atlantic, Cape May and Cumberland)
Senator CHRISTOPHER "KIP" BATEMAN
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
SYNOPSIS
Establishes mandatory minimum term of imprisonment for harming or threatening to harm animal owned or used by a law enforcement agency or a search and rescue dog.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning harm or threats to certain animals and amending P.L.1983, c.261.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1983, c.261 (C.2C:29-3.1) is amended to read as follows:
1. a. Any person who purposely kills a dog, horse or other animal owned or used by a law enforcement agency or a search and rescue dog shall be guilty of a crime of the third degree, and, notwithstanding the provisions of subsection e. of N.J.S.2C:44-1 to the contrary, shall be sentenced by the court to a term of imprisonment. The term of imprisonment shall include the imposition of a minimum term. The minimum term shall be fixed at five years, during which the defendant shall be ineligible for parole. In addition, the court shall impose a fine of $15,000.
b. Any person who purposely maims or otherwise inflicts harm upon a dog, horse or other animal owned or used by a law enforcement agency or a search and rescue dog shall be guilty of a crime of the fourth degree[.], and, notwithstanding the provisions of subsection e. of N.J.S.2C:44-1 to the contrary, shall be sentenced by the court to a term of imprisonment. The term of imprisonment shall include the imposition of a minimum term of imprisonment. The minimum term shall be fixed at three months, during which the defendant shall be ineligible for parole.
c. Any person who purposely threatens to kill, maim or otherwise inflict harm upon a dog, horse or other animal owned or used by a law enforcement agency or a search and rescue dog, under circumstances reasonably causing the person to whom the threat is made to believe that it is likely that it will be carried out, shall be guilty of a crime of the fourth degree[.], and, notwithstanding the provisions of subsection e. of N.J.S.2C:44-1 to the contrary, shall be sentenced by the court to a term of imprisonment. The term of imprisonment shall include the imposition of a minimum term of imprisonment. The minimum term shall be fixed at three months, during which the defendant shall be ineligible for parole.
d. Any person who interferes with any law enforcement officer using an animal in the performance of his official duties commits a disorderly persons offense, subject to a sentence of six months' imprisonment, some or all of which may be community service, restitution and a $1,000 fine.
As used in this section, "search and rescue dog" means any dog trained or being trained for the purpose of search and rescue that is owned by an independent handler or member of a search and rescue team, and used in conjunction with local law enforcement or emergency services organizations for the purpose of locating missing persons or evidence of arson.
(cf: P.L.2013, c.137, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill establishes a mandatory minimum term of three months of imprisonment for purposely maiming or otherwise inflicting harm upon a dog, horse or other animal owned or used by a law enforcement agency or a search and rescue dog, or for purposely threatening such actions.
