S648 Recodifies offenses against animals under State criminal code; increases degree of crime for certain offenses
January 17, 2010
S648 would codify under Title 2C of the New Jersey Statutes, the State criminal code, the offenses concerning animal cruelty that are currently codified under Title 4 of the Revised Statutes. In some cases, the bill also increases the penalties for an offense. Â
Because of this recodification in another section of State law, the sections of law in Title 4 that pertain to these crimes would be repealed by the bill. Finally, the bill provides for the adjudication of offenses committed on or before the effective date under the sections of law that would be repealed.
Primary Sponsor: Andrew R. Ciesla
January 12, 2010 Introduced in the Senate, Referred to Senate Economic Growth Committee
Pending New Jersey legislation regarding animals or animal welfare is listed in this section by bill number. Unless otherwise noted, the AWFNJ does not specifically endorse or support these proposed bills. Bills are posted for information purposes only and we welcome your input on each of them.
S548 Revises law concerning disposition of assets of a county society for the prevention of cruelty to animals that has dissolved or has had its charter revoked, canceled, or suspended
January 17, 2010
S548 would revise the law concerning the disposition of assets of a county society for the prevention of cruelty to animals (county society) that has dissolved or has had its charter revoked, canceled, or suspended. Â
Specifically, this bill would:Â Â Â
 (1) require each county society to provide in its bylaws for the disposition, after payment of any outstanding debts, of its assets should it dissolve or have its charter revoked, canceled, or suspended for any reason; (2) provide that if a county society dissolves or has its charter revoked, canceled, or suspended for any reason, the assets of the county society would be disposed of as provided by the applicable bylaws of the county society adopted for that purpose as required by the bill; and (3) provide that the New Jersey Society for the Prevention of Cruelty to Animals would have (a) no claim whatsoever to the assets of any county society, and (b) no authority to determine the disposition of the assets of any county society that has dissolved or has had its charter revoked, canceled, or suspended for any reason.Â
The bill further requires that the bylaws of a county society designate the Coalition of County SPCAs to distribute any assets of a county society that has had its charter revolved, canceled or suspended to an appropriate entity or entities within the same county with a similar mission or purpose of promoting the interests of, and protection and caring for, animals.
Primary Sponsor: Sandra B. Cunningham
January 12, 2010 Â Introduced in the Senate, Referred to Senate Economic Growth Committee
Pending New Jersey legislation regarding animals or animal welfare is listed in this section by bill number. Unless otherwise noted, the AWFNJ does not specifically endorse or support these proposed bills. Bills are posted for information purposes only and we welcome your input on each of them.
S539 Establishes crimes of dog fighting and leader of a dog fighting network; amends RICO to add leader of a dog fighting network
January 17, 2010
S539 would establish the new crimes of dog fighting and leader of a dog fighting network. Currently, N.J.S.A.4:22-24 prohibits animal fighting in general. This bill would also add the crime of leader of a dog fighting network to the list of offenses considered “racketeering activity†under New Jersey’s anti-racketeering law (RICO).   Â
A person would be guilty of dog fighting if he knowingly: (1) keeps, uses, or is connected with or interested in the management of, or receives money for the admission of a person to, a place kept or used for the purpose of fighting or baiting an dog; (2) owns, possesses, keeps, trains, promotes, purchases, breeds or sells a dog for the purpose of fighting or baiting that dog; (3) for amusement or gain, causes, allows, or permits the fighting or baiting of a dog; (4) permits or suffers a place owned or controlled by that person to be used for the purpose of fighting or baiting a dog; (5) is present and witnesses, pays admission to, encourages or assists in the fighting or baiting of a dog; or (6) gambles on the outcome of a fight involving a dog. Dog fighting would be a crime of the third degree.  A crime of the third degree is punishable by a term of imprisonment of three to five years or a fine of up to $15,000, or both. Â
This bill would also require the court to order the seizure and forfeiture of any dogs used for dog fighting or baiting. The bill would also permit, in certain circumstances, the court to seize other animals or property in the person’s possession, and prohibit the person from possessing animals in the future.  Â
A person would be guilty of leader of a dog fighting network offense if he conspires with others in a scheme or course of conduct to unlawfully engage in dog fighting as an organizer, supervisor, financier or manager of at least one other person. “Financier” would mean a person who, with the intent to derive a profit, provides money or credit or other thing of value in order to finance the operations of dog fighting. Leader of a dog fighting network would be a crime of the second degree. A crime of the second degree is punishable by a term of imprisonment of five to ten yearsÂ
or a fine of up to $150,000, or both. Under this bill “bait†would mean to attack with violence, to provoke, or to harass a dog with one or more dogs for the purpose of training the dog for, or to cause a dog to engage in, a fight with or among other dogs. Â
The bill would also amend R.S.4:22-24, the statute concerning animal fighting in general, to include a similar definition of “baitâ€Â applicable to all animal baiting. This definition would be added to provide consistency in the statutes. Â
 The bill also provides that, notwithstanding the provisions of N.J.S.2C:1-8, a conviction of leader of a dog fighting network would not merge with the conviction for any offense which is the object of the conspiracy. The bill further provides that it would not be a defense to a prosecution under this bill that the dog intended to be used for fighting was brought into or transported in this State solely for ultimate distribution or sale in another jurisdiction; nor would it be a defense that any profit was intended to be made in another jurisdiction.  Adding leader of a dog fighting network to the list of predicate offenses triggering the State’s anti-racketeering law targets the leaders of organizations that unlawfully breed, train, or sell dogs intended to be used for dog fighting.Â
Primary Sponsor: Thomas H. Kean, Jr.
Primary Sponsor: Jeff Van Drew
January 12, 2010 Introduced in the Senate, Referred to Senate Judiciary Committee
Pending New Jersey legislation regarding animals or animal welfare is listed in this section by bill number. Unless otherwise noted, the AWFNJ does not specifically endorse or support these proposed bills. Bills are posted for information purposes only and we welcome your input on each of them.
S303 Requires municipal court to hear certain violations of animal cruelty statutes within 14 days of the summons date
January 17, 2010
S303 requires that a person cited in violation of R.S.4:22-17 or subsections a. or c. of R.S.4:22-26 be issued a summons to appear in municipal court either (1) no later than 14 days after the date on which the summons is issued, or (2) on the next scheduled municipal court date in the event the municipal court convenes less frequently than biweekly. The summons must specify an appearance date either (1) within the 14 days after the date on which the summons is issued, or (2) on the next scheduled municipal court date in the event the municipal court convenes less frequently than biweekly, and be signed by the clerk of the court. Â
The bill also requires the case be placed on the docket for the municipal court for the appearance date on the summons.  R.S.4:22-17 and subsections a. and c. of R.S.4:22-26 are the State laws dealing with the criminal and civil penalties, respectively, for the overdriving, overloading, torturing and tormenting of animals, including the deprivation of necessaryÂ
sustenance, unnecessarily or cruelly beating or otherwise abusing the animal, needlessly mutilating or killing the animal, and otherwise inflicting unnecessary cruelty upon the animal or unnecessarily failing to provide it with proper food, drink, shelter or protection from the weather.Â
The Department of Health and Senior Services defines proper food, drink, shelter or protection from the weather in regulations codified in Title 29 of the New Jersey Administrative Code.
Primary Sponsor: Diane B. Allen
January 12, 2010 Introduced in the Senate, Referred to Senate Economic Growth Committee
Pending New Jersey legislation regarding animals or animal welfare is listed in this section by bill number. Unless otherwise noted, the AWFNJ does not specifically endorse or support these proposed bills. Bills are posted for information purposes only and we welcome your input on each of them.
S241 Creates crime of threatening the life of certain animals
January 17, 2010
S241 amends N.J.S.A.2C:29-3.1, which sets forth the penalties associated with inflicting harm or interfering with an animal owned or used by a law enforcement agency or a search and rescue dog. Currently, that law provides: any person who purposely kills an animal owned or used by the police is guilty of a crime of the third degree; any person who purposely maims or otherwise inflicts harm upon an animal owned or used by the police is guilty of a crime of the fourth degree; and any person who interferes with any law enforcement officer using an animal in the performance of his official duties is guilty of a disorderly persons offense. Â
This bill adds a provision to that law that any person who purposely taunts, torments, or threatens the life of an animal owned or used by the police would be guilty of a crime of the fourth degree. A fourth degree crime is punishable by up to 18 months’ imprisonment and a fine of up to $10,000.
Primary Sponsor: Christopher Bateman
January 12, 2010 Introduced in the Senate, Referred to Senate Economic Growth Committee
Pending New Jersey legislation regarding animals or animal welfare is listed in this section by bill number. Unless otherwise noted, the AWFNJ does not specifically endorse or support these proposed bills. Bills are posted for information purposes only and we welcome your input on each of them.
S654 Directs DHSS to adopt regulations prohibiting overcrowding of animals in kennels, pet shops and other retail establishments; establishes penalties
January 17, 2010
S654 directs the Department of Health and Senior Services to review current regulations concerning the proper care and housing of animals, determine the proper care and housing for each species of animal sold by kennels, pet shops and any other retail establishments selling animals, and adopt rules and regulations providing for the proper care and housing of animals by kennels, pet shops and other retail establishments selling animals that prohibit the overcrowding of animals.
Primary Sponsor: Andrew R. Ciesla
Primary Sponsor: Anthony R. Bucco
January 12, 2010 Introduced in the Senate, Referred to Senate Economic Growth Committee
Pending New Jersey legislation regarding animals or animal welfare is listed in this section by bill number. Unless otherwise noted, the AWFNJ does not specifically endorse or support these proposed bills. Bills are posted for information purposes only and we welcome your input on each of them.
S653 Prohibits sale of any dog by kennel, pet shop or other retail establishment without name, address and phone number of person providing dog thereto; establishes $500 fine for each violation
January 17, 2010
S653 prohibits the sale of any dog in the State by a kennel, pet shop, or other retail establishment that sells dogs unless the name, address and phone number of the person who provided the dog to the kennel, pet shop, or other retail establishment that sells dogs is provided to the person purchasing the dog at the time of sale. If the dog was raised by the kennel, pet shop or other retail establishment that sells dogs, the bill requires that the name, address and phone number of the owner of the kennel, pet shop, or other retail establishment that sells dogs be provided to the person purchasing the dog.Â
Finally, the bill provides that these requirements shall not apply to shelters, pounds or other nonprofit organizations that provide dogs to individuals, and any person found guilty of violating the act will be subject to a fine of $500 for each violation.
Primary Sponsor: Andrew R. Ciesla
Primary Sponsor: Anthony R. Bucco
January 12, 2010 Â Introduced in the Senate, Referred to Senate Economic Growth Committee
Pending New Jersey legislation regarding animals or animal welfare is listed in this section by bill number. Unless otherwise noted, the AWFNJ does not specifically endorse or support these proposed bills. Bills are posted for information purposes only and we welcome your input on each of them.
S549 Changes membership of, and election process for, NJSPCA board of trustees
January 17, 2010
S549 would change the membership of, and election process for, the board of trustees of the New Jersey Society for the Prevention of Cruelty to Animals (NJSPCA). Â
The bill provides that the board would consist of one member of the NJSPCA elected annually by the membership thereof, one member from each chartered county society for the prevention of cruelty to animals elected annually by the membership of the respective county society, and three persons appointed by the Governor with the advice and consent of the Senate. The trustees appointed by the Governor would each serve a term of six years. All members of the board of trustees would have full voting power. The board of trustees would elect officers of the board annually byÂ
majority vote of the full membership of the board. Â
The bill also would provide that no county society for the prevention of cruelty to animals that is not in existence on the date of enactment of the bill into law may elect a member of that county society to sit on the NJSPCA board of trustees until one full year has elapsed since the date upon which a charter is granted to the county society.Â
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Finally, the bill would provide that all members of the NJSPCA board of trustees, except those appointed by the Governor, serving on the date of enactment of this bill into law must resign from the board on or before a date or dates determined by the Attorney General. If a trustee does not resign by the date so designated, the bill would provide that the person nevertheless would no longer be deemed to be a trustee as of that date unless the person is elected to that position as provided pursuant to the bill.
Primary Sponsor: Sandra B. Cunningham
January 12, 2010  Introduced in the Senate, Referred to Senate Economic Growth Committee
Pending New Jersey legislation regarding animals or animal welfare is listed in this section by bill number. Unless otherwise noted, the AWFNJ does not specifically endorse or support these proposed bills. Bills are posted for information purposes only and we welcome your input on each of them.
S540 Authorizes courts to include animals in domestic violence restraining orders
January 17, 2010
S540 authorizes a court to issue an order directing the care, custody, or control of any animal owned, possessed, leased, kept, or held by either party or a minor residing in the household. Animals are not directly addressed by current domestic violence law. Â
The purpose of the bill is to provide specific statutory authorization for courts to issue orders covering animals in situations where a person abuses or threatens to abuse an animal as part of a domestic dispute.Â
The bill is modeled on a recently enacted Maine law.
Primary Sponsor: Thomas H. Kean, Jr.
Primary Sponsor: Jeff Van Drew
January 12, 2010 Introduced in the Senate, Referred to Senate Judiciary Committee
Pending New Jersey legislation regarding animals or animal welfare is listed in this section by bill number. Unless otherwise noted, the AWFNJ does not specifically endorse or support these proposed bills. Bills are posted for information purposes only and we welcome your input on each of them.
S538 Amends “Law Against Discrimination” to provide every person engaged in raising a dog for guide or service the right to access public facilities
January 17, 2010
S538 would amend section 5 of the New Jersey “Law Against Discrimination,†P.L.1977, c.456 (C.10:5-29.3), to provide everyÂ
person engaged in raising a dog for guide or service, the same rights and privileges with respect to access to public facilities as a person with a disability, for dog training purposes.Â
Under current law, professional service and guide dog trainers, who typically begin training dogs at 18 to 20 months of age, have the same rights and privileges with respect to access to public facilities as persons with disabilities. However, there are volunteers who often raise service and guide dogs prior to their entering formal training, from approximately eight weeks to 18 months, who do not have the same rights as persons with disabilities or professional trainers. This bill would extend the rights and privileges of persons with disabilities with respect to access to public facilities, to persons who volunteer to raise service or guide dogs, subject to them meeting the requirements in this bill. Â
This bill requires that in public facilities a service or guide dog in training must (1) wear a collar, leash, or other appropriate apparel or device that identifies the dog as a participant in a training program with an accredited service or guide dog training program; and (2) be held on a leash, and under the control of the person raising the dog for an accredited program. The bill also requires that the volunteer have in his possession, and available forÂ
inspection, credentials from an accredited program identifying him as a participant in a service or guide dog training program.
Primary Sponsor: Thomas H. Kean, Jr.
Primary Sponsor: Jeff Van Drew
January 12, 2010Â Introduced in the Senate, Referred to Senate Judiciary Committee
Pending New Jersey legislation regarding animals or animal welfare is listed in this section by bill number. Unless otherwise noted, the AWFNJ does not specifically endorse or support these proposed bills. Bills are posted for information purposes only and we welcome your input on each of them.