New Jersey: Great News! S 801 Is Now a Law!

On Wednesday, January 26, Governor Codey signed S 801(Sen. Diane Allen, 7th District) into law. This legislation will increase the penalty for harming search and rescue dogs, in particular making it a crime of the 4th degree, rather than a misdemeanor, to injure a search and rescue dog.

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SENATE, No. 801
STATE OF NEW JERSEY
211th LEGISLATURE

INTRODUCED FEBRUARY 5, 2004

Sponsored by:
Senator DIANE ALLEN
District 7 (Burlington and Camden)

Assemblyman GORDON M. JOHNSON
District 37 (Bergen)

Assemblyman JEFF VAN DREW
District 1 (Cape May, Atlantic and Cumberland)

Assemblyman LOUIS MANZO
District 31 (Hudson)

Co-Sponsored by:
Assemblymen Conaway, Corodemus, Dancer, Assemblywoman Greenstein, Assemblymen S.Kean, Munoz, Assemblywoman Weinberg, Assemblymen Chiappone, Conners and Stack

SYNOPSIS

Provides penalties for injuring or killing search and rescue dogs.

CURRENT VERSION OF TEXT

As introduced.

(Sponsorship Updated As Of: 12/14/2004)

An Act concerning certain dogs 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. 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. 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. 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 $1,000.00 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.1999, c.14, s.1)

2. This act shall take effect immediately.

STATEMENT

P.L.1999, c.14 upgraded the penalties for injuring or killing dogs and other animals owned or used by law enforcement agencies. This bill would include search and rescue dogs in that law's provisions. Under the bill's provisions, it would be a crime of the third degree to kill a search and rescue dog; it would be a crime of the fourth degree to maim or inflict harm upon a search and rescue dog. The bill defines a search and rescue dog as 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.

These dogs are commonly used for locating injured and trapped persons during catastrophes, such as earthquakes. The bill is modeled on Arkansas legislation.

Posted on SHARE Yahoo group Feb. 4, 2005