[First Reprint] ASSEMBLY SUBSTITUTE FOR ASSEMBLY COMMITTEE SUBSTITUTE FOR. ASSEMBLY, No STATE OF NEW JERSEY.

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1 [First Reprint] ASSEMBLY SUBSTITUTE FOR ASSEMBLY COMMITTEE SUBSTITUTE FOR ASSEMBLY, No. STATE OF NEW JERSEY th LEGISLATURE ADOPTED JANUARY, 00 Sponsored by: Assemblyman JEFF VAN DREW District (Cape May, Atlantic and Cumberland) Assemblyman NELSON T. ALBANO District (Cape May, Atlantic and Cumberland) Assemblyman DOUGLAS H. FISHER District (Salem, Cumberland and Gloucester) Assemblyman ROBERT M. GORDON District (Bergen) Co-Sponsored by: Assemblymen Whelan, Sires, Johnson, Manzo, Epps, Prieto, Assemblywoman Quigley, Assemblyman Giblin, Assemblywomen Oliver, Stender, Pou, Vainieri Huttle, Assemblyman Stack, Assemblywomen Cruz- Perez, Lampitt, Assemblymen Scalera, McKeon, Wisniewski, Vas, Barnes, Assemblywoman Voss, Assemblymen Burzichelli and Mayer SYNOPSIS Recodifies Title criminal animal cruelty offenses in State criminal code; increases level of certain offenses and crimes; establishes new offenses; revises civil penalties; repeals various sections of law; designated as Angel s Law. CURRENT VERSION OF TEXT As amended by the General Assembly on January, 00. (Sponsorship Updated As Of: //00)

2 AN ACT concerning cruelty to animals and designated as Angel s Law, supplementing Title C of the New Jersey Statutes and Title of the Revised Statutes, and amending and repealing various sections of statutory law. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:. (New section) The Legislature finds and declares that acts of cruelty against animals have been increasingly acknowledged as more serious offenses with farther reaching implications than previously believed; that, in an age when violence has become too common place not only on television and in film but also in our communities, it is important to focus more effectively on addressing violence in all its forms; that there have been links shown between a person abusing animals and that person abusing children, senior citizens, domestic partners, or other people; that, in more extreme cases, the personal histories of serial killers and other murderers include histories of animal abuse; that it is time to clearly elevate cruelty to animals above the concerns of only the local animal control officer or animal activists, humane societies, and animal rescues; that cruelty in all its forms is reprehensible and should be addressed seriously and clearly by the laws of the State as criminal behavior requiring serious and stringent penalties; and that, while there are State laws against animal cruelty dating back to the th century that establish such behavior as criminal, the patchwork development of the law, the passage of time, and the growth of modern perspective on life in all its forms have rendered many of these provisions archaic or at the very least in need of serious reconsideration and revision. The Legislature therefore determines it is in the best interest of the State and the protection of the lives and health of its residents to recodify the provisions of the animal cruelty statutes addressing animal cruelty crimes and offenses as a new chapter in Title C of the New Jersey Statutes, and simultaneously revise penalties and other provisions in a comprehensive framework to reflect the seriousness of the offenses, both as violence against animals and as threats to the safety and well-being of the citizens of the State.. (New section) As used in P.L., c. (C. ) (pending before the Legislature as this bill): "Animal" means any member of the whole brute creation. The term animal shall not include human beings. EXPLANATION Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted in the law. Matter underlined thus is new matter. Matter enclosed in superscript numerals has been adopted as follows: Assembly floor amendments adopted January, 00.

3 Animal cruelty investigator means a person years of age or older who is a certified animal control officer who has satisfactorily completed a course of study on animal cruelty investigation approved by the Commissioner of Health and Senior Services and the Police Training Commission, in consultation with the New Jersey Animal Control Officers Association, and properly authorized by the governing body of a municipality to be an animal cruelty investigator. Animal rescue organization means an individual or group of individuals who, with or without salary or compensation, house and care for seemingly unowned or unwanted animals, or other animals found loose or stray, in the home of the individual or individuals in the group, or in other facilities, with the intent of placing the animals in responsible, more permanent homes as soon as possible. Animal rescue organization facility means the home or other facility in which an animal rescue organization houses and cares for an animal. "Bait" means to provoke or harass an animal with the purpose of causing the animal to attack something, a person, or another animal, or to do so with the purpose of training an animal for, or to cause an animal to engage in, a fight with or among other animals. "Bodily injury" means physical pain, illness or any impairment of physical condition. Caretaker means a person who is in possession of an animal and a person upon whom the care, health, safety and welfare of the animal are primarily dependent. "Cat" means a cat (Felis catus or Felis domesticus) that is a member of a species of cat that is generally recognized in the United States as being a species of cat frequently kept as a household pet, whether acclimated to living outdoors, domesticated, or feral, and shall not include bobcat, lynx, or other wild feline species. Certified animal control officer means a certified animal control officer as defined pursuant to section of P.L., c. (C.:-.). Certified livestock inspector means a veterinarian, animal health technician or investigator who is an employee of the New Jersey Department of Agriculture, or the United States Department of Agriculture or its Animal and Plant Health Inspection Service, whom the State Veterinarian determines to be qualified to conduct animal cruelty investigations, or a New Jersey licensed veterinarian whom the State Veterinarian determines to be qualified to conduct animal cruelty investigations. "Dog" means a dog (Canis familiaris) that is a member of a species of dog that is generally recognized in the United States as being a species of dog frequently kept as a household pet, whether acclimated to living outdoors, domesticated, feral, or trained as a

4 hunting dog, and shall not include coyote, fox, wolf, or other wild canine species. Domestic livestock means domestic livestock as defined pursuant to section of P.L., c. (C.:-.). Domesticated animal means a domestic companion animal as defined pursuant to subsection u. of N.J.S.C:0- 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 of P.L.00, c. (C.:-.). Intimate parts means the following body parts: sexual organs, genital area, anal area, inner thigh, groin, buttock, or breast. "Minimum care" means care sufficient to preserve the health and well-being of an animal and, except for emergencies or circumstances beyond the reasonable control of the person responsible for the care of the animal, providing the following: () food of sufficient quantity and quality to allow for normal growth or maintenance of body weight; () open or adequate access to drinkable water of an appropriate temperature in sufficient quantity to satisfy the needs of the animal; () access to an enclosed nonhazardous structure sufficient to protect the animal from the weather that has adequate bedding to protect against cold and dampness; () adequate protection from extreme or excessive sunlight and from overexposure to the sun, heat and other weather conditions; () veterinary care deemed necessary by a reasonably prudent person to prevent or relieve injury, neglect or disease, or distress from these conditions; and () reasonable access to a clean and adequate exercise area. Overwork means knowingly overdrive, overload, drive when overloaded, or otherwise subject an animal to work beyond its ability to work without bodily injury, or causing or procuring such acts to be done. "Owner 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.C:-. "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

5 disfigurement, or protracted loss or impairment of the function of any bodily member or organ. Sexual contact means an intentional touching by a person of the intimate parts of an animal or an intentional act by the person that causes an animal to touch the person s intimate parts, for the purpose of arousing or gratifying the sexual desire of the person or to in any way harm the animal or any person. Sexual penetration means vaginal intercourse, cunnilingus, fellatio, anal intercourse, or the insertion of any appendage or object into the anus or vagina, for the purpose of arousing or gratifying the sexual desire of the person or to in any way harm the animal. "Significant bodily injury" means bodily injury which creates a temporary loss of the function of any bodily member or organ or temporary loss of any one of the five senses. State Veterinarian means the Director of the Division of Animal Health in the New Jersey Department of Agriculture. "Torment" means to excessively harass or annoy by means of a type of action or treatment, the repetitiveness of the action or treatment, or its duration, or to cause unnecessary or extreme physical discomfort or annoyance. "Torture" means to inflict, subject to, or prolong exposure to, severe or extreme pain or bodily injury, unnecessarily and for the purpose of inflicting, or prolonging exposure to, severe or extreme pain.. (New section) Nothing contained in P.L., c. (C. ) (pending before the Legislature as this bill) shall be construed to prohibit or interfere with activities listed in R.S.:- or the authority conveyed pursuant to section of P.L., c. (C. ) (pending before the Legislature as this bill).. (New section) Notwithstanding any other law, or rule or regulation adopted pursuant thereto, to the contrary, the penalties and fines imposed and collected pursuant to violations of section,,,,, 0,,,,,,,, or of P.L., c. (C. ) (pending before the Legislature as this bill) shall be paid and distributed pursuant to the provisions of R.S.:- and any other applicable sections of chapter of Title of the Revised Statutes.. (New section) Animal abuse. a. A person is guilty of animal abuse if the person attempts to cause or causes unnecessary bodily injury to an animal through any means, overworks an animal, subjects an animal to unnecessary violence, or subjects an animal to transportation in a cruel manner. Animal abuse is a disorderly persons offense.

6 b. For purposes of subsection a. of this section: () Acts which subject an animal to transportation in a cruel manner shall include, but shall not be limited to, carrying a living animal or causing a living animal to be carried, in or upon a vehicle or otherwise, in a cruel or inhumane manner which creates a substantial risk of bodily injury or death, or leaving an animal unattended in a vehicle under inhumane conditions adverse to the health or welfare of the living animal; and () It shall be a violation to use a living bird or other living animal for the purpose of a target or shooting at such an animal for amusement or test of skill in marksmanship, or to shoot at such an animal or be a party to such uses and shooting, or to lease, provide or otherwise permit to be used a building, room, field or other premises of which the person is the owner or is in possession for the purpose of such uses or shooting. c. Each animal involved in a violation of subsection a. shall constitute a separate offense.. (New section) Aggravated animal abuse. a. A person is guilty of aggravated animal abuse if the person: () purposely causes unnecessary bodily injury to an animal; () knowingly poisons an animal causing serious or significant bodily injury or death of the animal; () attempts to cause unnecessary serious bodily injury or significant bodily injury or death to an animal; () recklessly, under circumstances manifesting extreme indifference to the value of life, torments, tortures, or otherwise causes unnecessary serious bodily injury or significant bodily injury to an animal, or recklessly causes such torment, torture, or injury to be done; () knowingly torments, tortures, or otherwise causes unnecessary serious bodily injury or significant bodily injury to an animal, or knowingly causes such torment, torture or injury to be done; () purposely or knowingly commits an act of sexual penetration or sexual contact with any animal, whether living or dead; () implants or places in or on an animal or creature, by surgery, ingestion, or other means, a controlled dangerous substance or controlled substance analog as defined in Title C of the New Jersey Statutes, or otherwise uses the animal, to facilitate the commission of, or an attempt to commit, or flight after committing or attempting to commit any crime or offense enumerated in chapters or of Title C of the New Jersey Statutes, or who causes or procures such acts to be done; or () purposely, knowingly, or recklessly torments, tortures, or otherwise causes unnecessary serious bodily injury or significant

7 bodily injury upon an animal, and kills or causes the death of the animal. Aggravated animal abuse under paragraph (), (), () or () of this subsection is a crime of the fourth degree. Aggravated animal abuse under paragraph (), () or () of this subsection is a crime of the third degree. Aggravated animal abuse under paragraph () of this subsection is a crime of the second degree. b. Each animal involved in violation of subsection a. of this section shall constitute a separate offense. 0. (New section) Animal abandonment at an animal care facility and animal abandonment. a. A person is guilty of animal abandonment at an animal care facility, if the person, with the purpose of relinquishing possession of the animal and without making provisions for the minimum care of the animal, knowingly leaves, or causes to be left, a domesticated animal or domestic livestock at a kennel, shelter, pound, animal boarding facility, animal rescue organization facility, veterinary facility, or other facility that provides care and shelter to animals, 0 without ensuring that the animal has been left with a person authorized to accept possession of the animal. Animal abandonment at an animal care facility is a disorderly persons offense. b. A person is guilty of animal abandonment if the person, with the purpose of relinquishing possession of the animal and without making provisions for the minimum care of the animal, knowingly leaves, or causes to be left, a domesticated animal or domestic livestock: () in a public place where the animal may die and the animal is 0 maimed, sick, infirm or disabled; or () in a place beyond the control, custody or possession of the owner or the person relinquishing possession of the animal. Animal abandonment is a crime of the fourth degree. c. Each animal abandoned in violation of this section shall constitute a separate offense. d. [Notwithstanding the provisions of section] In addition to the penalties and remedies prescribed for violations of this section and those prescribed pursuant to sections [or] and of P.L., c. (C. ) (pending before the Legislature as this bill) to 0 the contrary, a person found guilty of violating subsection a. or b. of this section shall be subject to an additional fine of $,000 for each animal abandoned that is: () maimed, sick, infirm or disabled; or () left within 00 feet of a roadway.. (New section) Animal cruelty in the presence of a child.

8 a. A person is guilty of the crime of animal cruelty in the presence of a child if the person commits or threatens the immediate commission of an offense specified in section, section, subsection b. of section or section of P.L., c. (C. ) (pending before the Legislature as this bill) in the presence a person who is in fact under the age of, with the purpose or knowledge that the such person witness or observe the offense. An offense under this section constitutes a crime of the fourth degree if the underlying offense is a disorderly persons offense. Otherwise, an offense under this section shall be classified one degree higher than the underlying offense. b. It shall be no defense to a prosecution under [P.L., c. (C. ) (pending before the Legislature as this bill)] this section that the actor mistakenly believed that the person in whose presence the offense was committed was years of age or older, even if such mistaken belief was reasonable. c. Notwithstanding the provisions of N.J.S.C:-, a conviction under this section shall not merge with a conviction for the underlying offense. Nor shall a conviction for the underlying offense merge with a conviction under this section. Nothing contained in P.L., c. (C. ) (pending before the Legislature as this bill) shall prohibit the court from imposing an extended term of imprisonment pursuant to N.J.S C:-. d. Nothing contained in this section shall be deemed to preclude, if the evidence so warrants, an indictment and conviction for a violation of any of the provisions of P.L., c. (C. ) (pending before the Legislature as this bill) or any other law.. (New section) Animal neglect and aggravated animal neglect. a. () A person is guilty of animal neglect if the person purposely, knowingly or recklessly fails to provide minimum care to an animal for which the person is the owner or caretaker [or owner], or cruelly restrains a dog. () A person is guilty of aggravated animal neglect if the person purposely, knowingly or recklessly fails to provide minimum care to an animal for which the person is the owner or caretaker [or owner], and the animal dies as a result of the failure to provide minimum care. Animal neglect shall be a disorderly persons offense, and aggravated animal neglect shall be a crime of the fourth degree. Where more than one animal is involved, each animal neglected or cruelly restrained in violation of this subsection shall constitute a separate offense. b. For the purposes of subsection a. of this section, the owner or operator of a kennel, pet shop, shelter, or pound defined and licensed pursuant to P.L., c. (C.:-. et seq.) and any

9 employee or member of the staff of such a kennel, pet shop, shelter or pound shall be deemed [a] an owner or a caretaker [or owner] of the animal. Failure of such an owner or caretaker to provide minimum care concerning veterinary care or reasonable access to a clean and adequate exercise area shall not constitute a violation pursuant to subsection a. of this section if the owner or caretaker: () has provided all other aspects of minimum care as defined pursuant to section of P.L., c. (C. ) (pending before the Legislature as this bill); and () has complied with the rules and regulations adopted pursuant to subsection b. of section of P.L., c. (C.:-.) with respect to the provision of veterinary care and exercise. c. For the purposes of subsection a. of this section, a person cruelly restrains a dog if the person: () chains, ties, fastens or otherwise tethers a dog to a dog house, tree, stake, pole, fence, wall or other stationary object outdoors or indoors for more than 0 hours in a -hour period; () regardless of how long a period of time, chains, ties, fastens or otherwise tethers a dog with any collar or similar device other than a properly fitted harness or buckle-type collar for the dog, with a chain or other tether less than feet; or () regardless of how long a period of time, uses a choke or prong collar on the dog when chaining, tying, fastening, or otherwise tethering the dog. d. It is an affirmative defense to prosecution for animal neglect for cruelly restraining a dog that the actor: () had a reasonable basis for the restraining of the dog; () restrained the dog with a properly fitted harness or buckletype collar, and with a chain or other tether of feet or more; () did not use a choke or prong collar to restrain the dog; and () provided, or caused to be provided, minimum care to the dog during the time the dog was restrained. 0. (New section) Animal hoarding. a. A person is guilty of hoarding animals if the person keeps or possesses a number of animals in a quantity such that the person fails or is unable to provide minimum care for all of the animals and, due to the failure or inability to provide minimum care, at least some of the animals experience death, bodily injury or other serious adverse health consequences. The number of animals kept or possessed shall not be determinative of whether there has been a violation of this section, but may be considered as a factor in determining whether animals have been provided minimum care. Animal hoarding is a crime of the fourth degree. b. Each instance of a person found guilty of animal hoarding, not each animal involved, shall constitute a separate offense.

10 0 0. (New section) Improper euthanizing of animals. a. A person is guilty of improper euthanizing of an animal if the person [: ()] kills or causes the death of an animal by hypoxia, while acting on the individual's behalf or as an employee or member of the staff of a kennel, shelter, pound, animal rescue organization, or other organization or entity providing for the shelter and care of animals, induced by [(a)] : () decompression [, (b)] ; () the administration of a lethal gas other than an inhalant anesthetic [, (c)] ; () the use of succinylcholine chloride, curare, curariform drugs, or other substance which acts as a neuromuscular blocking agent [,] ; or [(d)] () means other than those used for the proper euthanizing of the animal [; or () euthanizes an animal at a kennel, shelter, pound, animal rescue, or other organization or entity providing for the shelter and care of animals, or causes the animal to be euthanized, either as an 0 individual, or in their capacity as a humane law enforcement officer, animal control officer, or other State or local law enforcement officer involved in animal control, or as an owner, employee, or caretaker of the animal in the shelter, pound, animal rescue, or other organization or entity providing for the shelter and care of animals, prior to the expiration of the required holding period established under section of P.L., c. (C.:-.), except as otherwise provided pursuant to subsection c. and subsection d. of this section]. Improper euthanizing of an animal is a disorderly persons 0 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. [The provisions of paragraph () of subsection a. of this section and their application to the provisions of subsection b. of this section shall not apply to the euthanizing, by means used for proper euthanizing of an animal, any animal brought to a kennel, shelter, pound, animal rescue, or other organization or entity 0 providing for the shelter and care of animals by the owner of the animal, and the ownership of which has been surrendered or otherwise transferred by the owner of the animal to the kennel, shelter, pound, animal rescue, or other organization or entity providing for the shelter and care of animals. d. A kennel, shelter, pound, animal rescue, or other organization or entity providing for the shelter and care of animals,

11 or an individual, acting in an official capacity as a humane law enforcement officer, an animal control officer, or other State or local law enforcement officer involved in animal control, or an owner, employee, or caretaker of the animal in the kennel, shelter, pound, animal rescue, or other organization or entity providing for the shelter and care of animals, may properly euthanize, or properly cause to be euthanized, an animal that has been held for less than the required holding period established under section of P.L., c. (C.:-.), if proper methods are used and: () the animal being euthanized is: (a) a threat to public health or safety or the health or safety of other animals in the shelter, pound, animal rescue or other facility sheltering or caring for animals; or (b) injured and in a condition beyond recovery, or is suffering from an incurable painful disease or condition, or is otherwise terminally ill, and this injury, condition, disease or terminal illness is certified by a licensed veterinarian; and () prior to the euthanizing of the animal, no contact has been received by the owner or caretaker of the animal by the kennel, shelter, pound, animal rescue, or other organization or entity providing for the shelter and care of animals that is holding and providing for the euthanasia of the animal. e.] Each animal killed in violation of this section shall constitute a separate offense.. (New section) Cruel commercial exploitation of an animal. a. A person is guilty of cruel commercial exploitation of an animal if the person: () exhibits an animal at the premises of a gas station, roadside stand, or market for the sale of merchandise along a public street or highway, or at a shopping mall, store, or other establishment where merchandise is offered for sale; () purposely, knowingly, or recklessly sells, offers for sale, barters, gives away, or displays an animal under two months of age; () purposely, knowingly, or recklessly sells, offers for sale, barters, gives away, or displays live chameleons, turtles, or other amphibians or reptiles that have been dyed or artificially colored or otherwise treated so as to give the animal an artificial color; () purposely or knowingly uses, or causes to be used, any animal for the purposes of soliciting alms, collections, contributions, subscriptions, donations, or payment of money, except if the person requires the animal as a service dog or animal; () uses a dog or dogs for the purpose of drawing or helping to draw a vehicle for business purposes; () sells or barters the fur or hair, or products made in whole or in part from the fur or the hair, of a cat or dog, at wholesale or retail, provided that the person knew or reasonably should have

12 known that the fur or hair was from, or the product was made in whole or part from the fur or hair of a cat or dog; () sells or barters the flesh, or products made in whole or in part from the flesh of a cat or dog for human consumption, at wholesale or retail, provided that the person knew or reasonably should have known that the flesh was from, or the product was made in whole or part from the flesh of a cat or dog; or () sells or otherwise makes available for the purpose of experimentation or any other procedures that do not directly benefit the animal, any animal detained, procured, obtained, sent or brought to a pound or shelter. b. Cruel commercial animal exploitation is a disorderly persons offense, except for a violation of paragraph (), (), or () of subsection a. of this section which is a crime of the fourth degree. c. Paragraph () of subsection a. of this section shall not apply to the humane display of domestic livestock, the proper humane display of which is provided for under Department of Agriculture rules and regulations adopted pursuant to section of P.L., c. (C.:-.). The selling, offering for sale, bartering, giving away, or displaying of an animal under two months of age shall not constitute a violation of paragraph () of subsection a. of this section, if the animal is domestic livestock and it is done in compliance with the provisions of Department of Agriculture rules and regulations concerning the sale, offering for sale, bartering, giving away, or displaying domestic livestock. d. Paragraph () of subsection a. of this section shall not apply to pet shops licensed pursuant to P.L., c. (C.:-. et seq.), or the exhibiting of animals by shelters, pounds, animal [rescues] rescue organizations, or other similar charitable or non-profit organizations involved with [for] the sheltering, care, or adoption of animals if the exhibition is to solicit donations, seek homes for domesticated animals, or educate the public concerning the needs and proper care of animals. e. Paragraph () of subsection a. of this section shall not apply to the use of animals to solicit donations for shelters, pounds, animal [rescues] rescue organizations, or other similar charitable or non-profit organizations providing for the shelter, care, and adoption of animals. f. It shall not constitute a violation of paragraph () of subsection a. of this section or an act of cruelty to an animal for the purposes of section 0 of P.L., c. (C. ) (pending before the Legislature as this bill) if the cat or dog fur or hair used was shed from the animal or humanely removed during the course of proper grooming or care of the animal.. (New section) Animal fighting.

13 a. A person is guilty of animal fighting if that person: () recklessly or negligently allows, as the owner or the person in possession of the real property, a place to be used for the purpose of baiting animals, fighting between animals, or training animals for fighting; () is present, witnesses, pays admission to, assists in or encourages an animal fight, or gambles on the outcome of an animal fight; or () purposely or knowingly (a) organizes a fight between animals or the gambling on the outcome of the animal fight; (b) collects or holds the bets for such gambling on the outcome of an animal fight; (c) as the owner or the person in possession of the real property, provides or allows to be used, for personal amusement or monetary gain, a place for the purpose of baiting animals, fighting between animals, holding organized animal fights, or training animals for fighting; or (d) owns, possesses, keeps, trains, promotes, purchases, breeds or sells any animal for the purpose of fighting between animals or baiting animals to engage in fighting. Animal fighting is a crime of the third degree, except that animal fighting under paragraph () of this subsection is a crime of the second degree. b. Each animal being used in a fight, bred, trained, or used for fighting, baited, or attacked by a baited animal in violation of this section shall constitute a separate offense.. (New section) Pattern of animal cruelty. a. A person commits the crime of pattern of animal cruelty if the person commits two or more acts that violate the provisions of section,,,,, 0,, or of P.L., c. (C. ) (pending before the Legislature as this bill). It shall not be a defense that the violations were not part of a common plan or scheme, or did not have similar methods of commission. b. Pattern of animal cruelty is a crime of the second degree if one of the acts committed by the defendant is a first or second degree crime; otherwise, it is a crime of the third degree, provided, however, that the presumption of nonimprisonment set forth in subsection e. of N.J.S.C:- for persons who have not previously been convicted of an offense shall not apply. Notwithstanding the provisions of N.J.S.C:- or any other law, a conviction of pattern of animal cruelty shall not merge with a conviction of an offense in violation of section,,,,, 0,, or of P.L., c. (C. ) (pending before the Legislature as this bill), or any other criminal offense, nor shall such other conviction merge with a conviction under this section.

14 (New section) Minimum fines for animal cruelty offenses. Any person who has been found guilty of an offense in violation of section,,,,, 0,,,, or of P.L., c. (C. ) (pending before the Legislature as this bill) is subject to a maximum fine as provided under N.J.S.C:-, and shall be subject to a minimum fine of not less than: a. $0,000 when the offense is a crime of the first degree; b. $,000 when the offense is a crime of the second degree; c. $,000 when the offense is a crime of the third degree; d. $,000 when the offense is a crime of the fourth degree; or e. $00 when the offense is a disorderly persons offense.. (New section) Additional penalties and remedies for animal cruelty. a. In addition to imposing any other appropriate penalties established for an offense pursuant to Title C of the New Jersey Statutes, the court: () may impose, if the convicted person is sentenced to a term of imprisonment, a term of community service of up to 0 days for any person convicted of violating section,,,,, 0,,,, or of P.L., c. (C. ) (pending before the Legislature as this bill), and shall impose a term of community service of not less than 0 days for any such person who is not sentenced to a term of imprisonment; () may direct that the term of community service imposed pursuant to paragraph () of this subsection be served in providing assistance to the New Jersey Society for the Prevention of Cruelty to Animals, a county society for the prevention of cruelty to animals, or any other recognized organization concerned with the prevention of cruelty to animals or the humane treatment and care of animals, or to a municipality's animal control or animal population control program, provided that the organization or municipality, as the case may be, consents to the placement of the violator and conditions for the placement are established to ensure that the service is appropriately supervised and that no animals are placed at risk by the violator's service; and () may require the violator to pay restitution or otherwise reimburse any costs for food, drink, shelter, or veterinary care or treatment, or other costs, incurred by the owner of the animal, if the owner is not the person committing the act of cruelty, [or] to any individual, agency, entity, or organization bearing such costs 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, a local or State governmental entity, or a kennel, shelter, pound, animal

15 rescue organization facility, or the facility providing for the shelter and care of the animal or animals involved in the violation. b. The court also: () shall order a person guilty of violating a provision of section, section, section 0, or paragraph () of subsection a. of section of P.L., c. (C. ) (pending before the Legislature as this bill), to receive mental health counseling by a licensed psychiatrist, psychologist or therapist for a period of time prescribed by the licensed psychologist or therapist, the cost of which shall be paid by the person guilty of the offense; () shall order a juvenile adjudicated delinquent for an act which, if committed by an adult, would constitute an offense pursuant to section, section, section 0, or paragraph () of subsection a. of section of P.L., c. (C. ) (pending before the Legislature as this bill), to receive mental health counseling by a licensed psychiatrist, psychologist or therapist for a period of time prescribed by the licensed psychologist or therapist, the cost of which shall be paid by the parents or other legal guardian of the juvenile; and () may order a person found guilty of a violation of section,, [0,] or of P.L., c. (C. ) (pending before the Legislature as this bill), or a juvenile adjudicated delinquent for such an act, to receive mental health counseling by a licensed psychologist or therapist for a period of time prescribed by the licensed psychologist or therapist, the cost of which shall be paid by the person found guilty or the legal guardians of the juvenile, as applicable. c. In addition to any other penalty or penalties imposed, the court may order a person found guilty of a violation of section,,,,, 0,,,, or of P.L., c. (C. ) (pending before the Legislature as this bill) to forfeit the possession of any animal involved in the commission of the offense, and may order custody and care of the animal assigned to an appropriate person, organization, or entity. When the court orders a defendant to forfeit possession of an animal, the court may further order that all rights to possess the animal be given over to an appropriate person or agency demonstrating a willingness to accept and care for the animal or to an appropriate animal care agency for further disposition in accordance with accepted practices for humane treatment of animals. The court may also order forfeiture of other animals owned by, or in the possession of, the defendant, and that all rights to possess any such animal be given over to an appropriate person, organization, or entity. Except in cases of extreme financial hardship, the court shall require a person subject to forfeiture of an animal pursuant to this subsection or chapter of Title of the Revised Statutes to post a

16 bond or make other appropriate financial arrangements to pay for the cost of caring for the animal while it is held at a kennel, shelter, pound, animal rescue organization facility, or other facility for the temporary care and housing of animals, including the cost of any veterinary care [attendant to] addressing any bodily injury caused by the violation of [this act] P.L., c. (C. ) (pending before the Legislature as this bill) that resulted in the forfeiture of the animal. d. The court may order restrictions on the ownership of an animal by a person found guilty of a violation of section,,,,, 0,,,, or of P.L., c. (C. ) (pending before the Legislature as this bill), including, but not limited to, imposing a prohibition from ownership or care of an animal for a period of time or permanent prohibition from owning or caring for any animal for the natural life of the person.. (New section) a. Any person operating a motor vehicle who knowingly hits, runs over, or causes injury to a domesticated animal or domestic livestock shall stop at once, ascertain the extent of the injury and report the incident to a law enforcement officer, an animal cruelty investigator, humane law enforcement officer, or other person authorized by law to investigate animal cruelty. If domestic livestock is involved, the law enforcement officer, animal cruelty investigator, humane law enforcement officer, or other person authorized by law to investigate animal cruelty receiving the report shall also report the incident to a certified livestock inspector. The requirement under this subsection to report to a certified livestock inspector shall not be construed to prevent the initiation of an investigation of the motor vehicle accident or any action to protect an animal from immediate and serious bodily injury or remedy any bodily injury inflicted on an animal. b. Any report submitted pursuant to this section, to the extent possible, shall contain the name and address of the person who hit, ran over, or caused injury to an animal with a motor vehicle, the time and location of the motor vehicle accident, the extent of the injury to the animal, and any other information that the person reporting the motor vehicle accident believes may be helpful to an investigation of the motor vehicle accident. c. Any person required to report an accident pursuant to this section who fails to do so shall be guilty of a petty disorderly offense and may also be subject to other penalties pertaining to motor vehicle violations or damage or destruction of property as may be prescribed by law.. (New section) a. Any person who has reasonable cause to believe any act of cruelty to an animal has been committed may

17 report the act of animal cruelty, to a law enforcement officer, animal cruelty investigator, humane law enforcement officer, or other person authorized by law to investigate animal cruelty. b. Any certified livestock inspector, veterinarian, veterinary or animal care technician, employee of a humane society, animal kennel, pet shop, shelter or pound, or animal control or protection organization or agency, humane law enforcement officer, employee of a business engaged in the sale of animals and animal related merchandise, or a zoo or circus employee, who knows or has reasonable cause to believe that an animal has been subjected to animal cruelty, shall report, or cause to be reported, the alleged animal cruelty to a law enforcement officer, humane law enforcement officer, animal cruelty investigator, or other person authorized by law to investigate animal cruelty. If the alleged animal cruelty concerns domestic livestock, any person other than a certified livestock inspector shall also report the incident to a certified livestock inspector. The requirement under this subsection to report to a certified livestock inspector shall not be construed to prevent the initiation of any investigation, prosecution, or other action to protect an animal from [immediate and serious] bodily injury or to remedy any bodily injury inflicted on an animal. c. Any employee of a State, county, or local law enforcement agency, or any employee of a State, public, private, county, or local child protective services agency or adult services agency, social work, domestic violence counselor or crisis response team member, while acting in a professional capacity and within the scope of usual employment or volunteer capacity, may report, as provided for in subsection a. of this section, or cause to be reported, any observed or suspected act of cruelty to an animal, if, in the professional judgment of the person reporting the incident, the report would not endanger a child or adult or place either in a vulnerable position and at risk of harm. d. Any report submitted pursuant to this section, to the extent possible, shall contain the name and address of the person suspected of committing the act of cruelty, the time and location of the alleged act of cruelty, the extent of the injury to the animal, the type of animal cruelty offense committed, if applicable, and any other information that the person reporting the act believes may be helpful to an investigation of the offense. e. Anyone acting pursuant to this section in the submitting of a report of animal cruelty under this act shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed. Any such person shall have the same immunity with respect to testimony given in any judicial proceeding resulting from such report. A person who reports or causes to report in good faith an allegation of a violation of P.L., c. (C. ) (pending before

18 the Legislature as this bill), and as a result thereof is discharged from employment or in any manner discriminated against with respect to compensation, hire, tenure or terms, conditions or privileges of employment, may file a cause of action for appropriate relief in the Superior Court in the county in which the discharge or alleged discrimination occurred or in the county of the person's primary residence. f. Any person required to make a report pursuant to subsection b. this section who fails to make such a report shall be subject to a civil penalty of $0.. (New section) Any reference to animal cruelty or animal cruelty violations under Title of the Revised Statutes shall refer to an act of animal cruelty or an animal cruelty violation under Title C of the New Jersey Statutes or Title of the Revised Statutes, as applicable, and as provided pursuant to P.L., c. (C. ) (pending before the Legislature as this bill). 0. (New section) Animal incapacitation. a. A person is guilty of the crime of animal incapacitation if the person, acting either alone or with one or more other persons, is engaged in the commission of, or an attempt to commit, or flight after committing or attempting to commit, a crime specified in chapters through of Title C of the New Jersey Statutes and in the course of such crime or of immediate flight therefrom, any person causes the death of, or serious bodily injury to, an animal, except as otherwise authorized under section of P.L., c. (C. ) (pending before the Legislature as this bill), R.S.:-, or section of P.L., c. (C.:-.). b. A violation of this section is a crime of the third degree if the defendant purposely committed the act of animal incapacitation or if the act of animal incapacitation results in the death of an animal. Otherwise, it is a crime of the fourth degree. c. Notwithstanding the provisions of N.J.S.C:- or any other law, a conviction of animal incapacitation under this section shall not merge with a conviction of any other offense, including but not limited to any of the underlying offenses referred to in subsection a. of this section, nor shall any such other conviction merge with a conviction for animal incapacitation. The court shall impose separate sentences upon each violation of this section and any other offense. d. Nothing contained in this section shall be deemed to preclude, if the evidence so warrants, an indictment and conviction for a violation of any of the provisions of P.L., c. (C. ) (pending before the Legislature as this bill) or any other law.

19 (New section) Use of an animal in a drug distribution scheme. a. A person is guilty of the crime of use of an animal in a drug distribution scheme if the person implants or places in or on an animal, by surgery, ingestion, or other means, a controlled dangerous substance or controlled substance analog as defined in Title C of the New Jersey Statutes to facilitate the commission of, or an attempt to commit, or flight after committing or attempting to commit any crime or offense enumerated in chapters or of Title C of the New Jersey Statutes, or otherwise uses the animal for such purpose, or causes or procures such acts to be done. b. A violation of this section is a crime of the third degree, and a person convicted of a violation of this section shall be sentenced to a term of imprisonment. The term of imprisonment shall include the imposition of a minimum term which shall be fixed at, or between, one-third and one-half of the sentence imposed, or three years, whichever is greater, during which the defendant shall be ineligible for parole. c. Notwithstanding the provisions of subsection b. of N.J.S.C:-, the court may impose a fine of up to $00,000 or five times the street value of the controlled dangerous substance or controlled substance analog involved, whichever is greater. d. Notwithstanding the provisions of N.J.S.C:- or any other law, a conviction of use of an animal in a drug distribution scheme under this section shall not merge with a conviction of any other offense, including but not limited to any of the underlying offenses referred to in subsection a. of this section, nor shall any such other conviction merge with a conviction for use of an animal in a drug distribution scheme. The court shall impose separate sentences upon each violation of this section and any other offense. e. Nothing contained in this section shall be deemed to preclude, if the evidence so warrants, an indictment and conviction for a violation of any of the provisions of P.L., c. (C. ) (pending before the Legislature as this bill) or any other law.. (New section) As used in this article, the terms "animal," animal cruelty investigator, animal rescue organization, animal rescue organization facility, bait, bodily injury, caretaker, cat, certified animal control officer, certified livestock inspector, dog, domestic livestock, domesticated animal, [ euthanize, ] euthanasia, euthanize, humane law enforcement officer, intimate parts, minimum care, overwork, "owner of an animal, "owner of the animal, person, possession, serious bodily injury, sexual contact, sexual penetration, significant bodily injury, [and] State Veterinarian, torment, and torture shall have the same

20 meaning [in this article] as they are defined in section of P.L., c. (C. ) (pending before the Legislature as this bill).. (New section) Any reference to animal cruelty or animal cruelty violations under Title of the Revised Statutes shall refer to an act of animal cruelty or an animal cruelty violation under Title C of the New Jersey Statutes or Title of the Revised Statutes, as applicable and as provided pursuant to P.L., c. (C. ) (pending before the Legislature as this bill) or any subsequently enacted laws providing for acts of animal cruelty or animal cruelty violations.. (New section) The Department of Agriculture, the Department of Health and Senior Services, and the Department of Environmental Protection shall have the authority to determine the proper, humane treatment of animals for the elimination and control of disease, and no provision of P.L., c. (C. ) (pending before the Legislature as this bill) may be construed to abridge or supersede in any way this authority. These departments shall, in programs and efforts to eliminate and control disease in animal populations and the spread of disease between animals and human beings, consider and provide for the humane treatment and, to the extent possible, the prevention of cruelty to diseased or disabled animals and animals exposed to disease or disability.. R.S.:- is amended to read as follows: :-. Nothing contained in [this act] chapter of Title of the Revised Statutes or P.L., c. (C. ) (pending before the Legislature as this bill) 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 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