Forwarded message - for info, please contact NJARA at
njara@superlink.net
NJARA is very pleased to hear that certain offenses of animal cruelty
will now be treated as a felony in NJ. We still have a long way to
go, but this advance is certainly long overdue in seeking justice for
the animals who are abused, tormented and killed by humans.
We applaud the efforts of the Animal Welfare Federation of NJ, the
ASPCA and others who worked on this bill. This is GREAT step forward
for the animals. NJARA feels it is necessary to stress that this bill
is important because THE ANIMALS ARE IMPORTANT in and of themselves.
We don't want its true importance minimized by statements that
indicate that violence toward animals may lead to violence toward
humans. This bill is important even if animal abusers/killers never
harmed a single human being. To repeat, it is important because the
animals themselves are important. The more we push that notion, the
sooner it will become a reality. We fully understand that sometimes
we need to use many different reasons/arguments in order to make our
case for the animals, but we fear that when we do that too
forcefully, we lose a little bit for the animals. Stay firm. We will
prevail!
Once again, kudos to everyone who wrote letters, made phone calls and
helped make this law a reality!
Janine, NJARA
njara@superlink.net
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NEW LAW MAKES ANIMAL CRUELTY PUNISHABLE BY JAIL
08/28/01
BY DONNA LEUSNER
STAR-LEDGER STAFF
People who torment, torture, maim or kill animals will now face jail
time under legislation signed by acting Gov. Donald DiFrancesco
yesterday.
The measure makes New Jersey the 32nd state to classify animal
cruelty a felony offense. People convicted under the new law could
face up to 18 months in prison, a fine of $10,000, or both.
Under the law, which takes effect immediately, juveniles involved in
animal cruelty offenses would be required to undergo psychological
counseling.
The American Society for the Prevention of Cruelty to Animals, which
lobbied aggressively for the bill, said it was prompted by a rising
number of incidents of animal cruelty around the state, including a
Passaic County man who shot and killed his elderly father's dog.
"This bill comes not a moment too soon," said Larry Hawk, president
and chief executive officer of the ASPCA. "The connection between
animal violence and human violence is well documented and it is laws
like these that protect our community's animals and ultimately our
citizens."
Donna Leusner covers state government. She can be reached at
dleusner@starledger.com or (609)-989-0398.
© 2001 The Star-Ledger. Used by NJ.com with permission.
New Jersey is the 32nd state to classify animal cruelty a felony offense, with penalties of up to 18 months in prison, fine of $1,000, or both. Juveniles involved in animal cruelty offenses will be required to undergo psychological counseling. The bill goes into effect immediately. Thanks to the bill's sponsors Senator James Cafiero, Assemblyman Nicholas Asselta, Senator Diane Allen, Assemblyman John Gibson.
Posted on SHARE Yahoo group Aug 29, 2001
http://www.njleg.state.nj.us/2000/Bills/AL01/229_.HTM
P.L. 2001, CHAPTER 229, approved August 27, 2001
Senate Substitute (Second Reprint) for
Senate, No. 1515
An Act concerning animal cruelty and amending R.S.4:22-17, R.S.4:22-18, R.S.4:22-19, R.S.4:22-26 and R.S.39:4-23.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.4:22-17 is amended to read as follows:
4:22-17 a. A person who shall:
[a.] (1) Overdrive, overload, drive when overloaded, overwork,[torture, torment,] deprive of necessary sustenance, [unnecessarily or cruelly beat or otherwise] abuse, [or needlessly mutilate] orneedlessly kill a living animal or creature;
[b.] (2) Cause or procure any [of] such acts to be done; or
[c.] (3) Inflict unnecessary cruelty upon a living animal or creature [of which he has charge either as owner or otherwise], or unnecessarily fail to provide [it] a living animal or creature of which the person has charge either as an owner or otherwise with proper food, drink, shelter or protection from the weather, or leave it unattended in a vehicle under inhumane conditions adverse to the health or welfare of the living animal or creature--
Shall be guilty of a disorderly persons offense, and notwithstanding the provisions of N.J.S.2C:43-3 to the contrary, for every such offense shall be fined not less than $250 nor more than $1,000, or be imprisoned for a term of not more than six months, or both, in the discretion of the court. In addition, the court (1) shall impose a term of community service of up to 30 days, and may direct that the term of community service be served in providing assistance to the New Jersey Society for the Prevention of Cruelty to Animals, a district (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; (2) 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 any agency, entity, or organization investigating the violation, including but not limited to the New Jersey Society for the Prevention of Cruelty to Animals, a district (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; and (3) may impose any other appropriate penalties established for a disorderly persons offense pursuant to Title 2C of the New Jersey Statutes.
b. A person who shall purposely, knowingly, or recklessly:
(1) Torment, torture, maim, hang, unnecessarily or cruelly beat, needlessly mutilate, or cruelly kill a living animal or creature; or
(2) Cause or procure any such acts to be done --
Shall be guilty of a crime of the fourth degree.
In addition to imposing any other appropriate penalties established for a crime of the fourth degree pursuant to Title 2C of the New Jersey Statutes, the court 2[:]2 shall impose a term of community service of up to 30 days, and may direct that the term of community service be served in providing assistance to the New Jersey Society for the Prevention of Cruelty to Animals, a district (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 2[; and]. The court also2 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 any agency, entity, or organization investigating the violation, including but not limited to the New Jersey Society for the Prevention of Cruelty to Animals, a district (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 to a municipality's animal control or animal population control program.
2[1Notwithstanding the provisions of N.J.S.2C:51-3, a person who violates this subsection shall not be disqualified from voting in any primary, municipal, special or general election.1]2
c. If a juvenile is 2[found guilty of] adjudicated delinquent for an act which, if committed by an adult, would constitute2 a disorderly persons offense pursuant to subsection a. of this section or 2[of]2 a crime 2of the fourth degree2 pursuant to subsection b. of this section, the court 2[shall]2 also 2shall2 order the juvenile to receive mental health counseling by a licensed psychologist or therapist named by the court for a period of time to be prescribed by the licensed psychologist or therapist.
(cf: P.L.2000, c.162, s.1)
2. R.S.4:22-18 is amended to read as follows:
4:22-18. A person who shall carry, or cause to be carried, a living animal or creature in or upon a vehicle or otherwise, in a cruel or inhumane manner, shall be guilty of a disorderly persons offense and punished as provided in subsection a. of R.S.4:22-17.
(cf: P.L.1996, c.64, s.2)
3. R.S.4:22-19 is amended to read as follows:
4:22-19. A person who shall:
a. 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 it during such 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 [$25.00]$25 for the first offense and [$50.00] $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 2["the penalty enforcement law" (N.J.S.2A:58-1 et seq.)] the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.)2 and all money collected shall be remitted to the State.
This section shall apply to 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 places of confinement owned and operated by municipalities, counties or regional governmental authorities; and to every contractual warden or impounding service, any provision to the contrary in this title notwithstanding.
(cf: P.L.1996, c.64, s.3)
4. R.S.4:22-26 is amended to read as follows:
4:22-26. A person who shall:
a. Overdrive, overload, drive when overloaded, overwork,[torture, torment,] deprive of necessary sustenance, [unnecessarily or cruelly beat or otherwise] abuse, or needlessly kill, torment, torture, maim, hang, unnecessarily or cruelly beat, needlessly mutilate, or cruelly kill a living animal or creature;
b. Cause or procure [to be done by his agent, servant, employee or otherwise an act] any such acts enumerated in subsection a. of this section to be done;
c. Inflict unnecessary cruelty upon a living animal or creature [of which he has charge or custody either as owner or otherwise], or unnecessarily fail to provide [it] a living animal or creature of which the person has charge either as an owner or otherwise with proper food, drink, shelter or protection from the weather, or leave it 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 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 inhuman 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 it 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 his possession sheep or cattle, which he 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; or
y. 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 --
Shall forfeit and pay a sum not to exceed $250, except in the case of a violation of subsection t. a mandatory sum of $500, and $1,000 if the violation occurs on or near a roadway, and in the case of a violation of subsection x. or y. a sum not to exceed $1,000 for each domestic dog or cat fur or fur or hair product or domestic dog or cat carcass or meat product, 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.
(cf: P.L.2000, c.162, s.2)
5. R.S.39:4-23 is amended to read as follows:
39:4-23. No person shall either ill-treat, overdrive, override or[cruelly or] unnecessarily or cruelly beat a horse. A person who violates this section shall be guilty of a disorderly persons offense, except that a person who unnecessarily or cruelly beats a horse shall be guilty of a crime of the fourth degree, and shall be subject to the provisions of R.S.4:22-17, R.S.4:22-21, and R.S.4:22-26, as appropriate.
(cf: P.L.1998, c.105, s.1)
6. This act shall take effect immediately.
Makes certain acts of animal cruelty crimes of the fourth degree; requires juveniles adjudicated delinquent for certain animal cruelty offenses to receive court-ordered psychological counseling.