A3762

An Act concerning animal cruelty and mental health counseling for offenders, and amending R.S.4:22-15, R.S.4:22-17, and R.S.4:22-26, and supplementing article 2 of chapter 22 of Title 4 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. (New section) a. A person is guilty of hoarding animals if the person cares for or has possession of animals in a quantity such that the person fails or is unable to provide necessary care for all of the animals and, due to the failure or inability to provide necessary care, at least some of the animals experience death, bodily injury, or other serious adverse health consequences. Animal hoarding is a crime of the fourth degree.

b. The number of animals a person has possession of 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 necessary care.

c. Each course of conduct involving the hoarding of animals, not each animal involved, shall constitute a separate offense.

2. R.S.4:22-15 is amended to read as follows:

4:22-15. As used in this article:

“Animal” [or “creature”] includes the whole brute creation.

“Bodily injury” means physical pain, illness or any impairment of physical condition.

“Necessary care” means care sufficient to preserve the health and well-being of an animal, and includes, but is not limited to: food of sufficient quantity and quality to allow for normal growth or maintenance of body weight; adequate access to water in sufficient quantity and quality to satisfy the animal’s needs; access to adequate protection from the weather; and veterinary care to alleviate suffering and maintain health.

[“Owner” or “person” includes a corporation, and the knowledge and acts of an agent or employee of a corporation in regard to animals transported, owned, employed, or in the custody of the corporation shall be imputed to the corporation.]

“Owner of the animal” means a person who has the legal right of possession of the animal and any legal title to its ownership.

“Possession” means having physical or legal custody of, being in charge of, or having physical control over an animal, whether temporarily or as an owner of the animal.

“Serious bodily injury” means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

(cf: P.L.2013, c.88, s.1)

3. R.S.4:22-17 is amended to read as follows:

4:22-17. a. It shall be unlawful to:

(1) Overdrive, overload, drive when overloaded, overwork, abuse, or needlessly kill a living animal [or creature];

(2) Cause or procure, by any direct or indirect means, including but not limited to through the use of another living animal [or creature], any of the acts described in paragraph (1) of this subsection to be done;

(3) Inflict unnecessary cruelty upon a living animal [or creature], by any direct or indirect means, including but not limited to through the use of another living animal [or creature]; or leave the living animal [or creature] unattended in a vehicle under inhumane conditions adverse to the health or welfare of the living animal [or creature]; or

(4) Fail, as the owner of the animal or as a person otherwise charged with the care of a living animal [or creature], to provide the living animal [or creature] with necessary care.

b. (1) A person who violates subsection a. of this section shall be guilty of a disorderly persons offense. Notwithstanding the provisions of N.J.S.2C:43-3 to the contrary, for every conviction of an offense pursuant to paragraph (1) or (2) of subsection a. of this section, the person 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; and for every conviction of an offense pursuant to paragraph (3) or (4) of subsection a. of this section, the person shall be fined not less than $500 nor more than $2,000, or be imprisoned for a term of not more than six months, or both, in the discretion of the court.

(2) If the person who violates subsection a. of this section has a prior conviction for an offense that would constitute a violation of subsection a. of this section, the person shall be guilty of a crime of the fourth degree.

(3) A person who violates subsection a. of this section shall also be subject to the provisions of subsections e. and f. and, if appropriate, subsection g., of this section.

(4) The action for the penalty prescribed in this subsection shall be brought in the municipal court of the municipality wherein the defendant resides or where the offense was committed, except that the municipality may elect to refer the offense to the county prosecutor to determine if the offense should be handled in the Superior Court or in municipal court.

c. It shall be unlawful to purposely, knowingly, or recklessly:

(1) Torment, torture, maim, hang, poison, unnecessarily or cruelly beat, cruelly abuse, or needlessly mutilate a living animal [or creature];

(2) Cause bodily injury to a living animal [or creature] by failing to provide the living animal [or creature] with necessary care, whether as the owner or as a person otherwise charged with the care of the living animal [or creature];

(3) Cause or procure an act described in paragraph (1) or (2) of this subsection to be done, by any direct or indirect means, including but not limited to through the use of another living animal [or creature]; or

(4) Use, or cause or procure the use of, an animal [or creature] in any kind of sexual manner or initiate any kind of sexual contact with the animal [or creature], including, but not limited to, sodomizing the animal [or creature]. As used in this paragraph, “sexual contact” means any contact between a person and an animal by penetration of the penis or a foreign object into the vagina or anus, contact between the mouth and genitalia, or by contact between the genitalia of one and the genitalia or anus of the other. This term does not include any medical procedure performed by a licensed veterinarian practicing veterinary medicine or an accepted animal husbandry practice.

d. (1) A person who violates paragraph (1), (2), (3) or (4) of subsection c. of this section shall be guilty of a crime of the fourth degree, except that the person shall be guilty of a crime of the third degree if:

(a) the animal [or creature] dies as a result of the violation;

(b) the animal [or creature] suffers serious bodily injury as a result of the violation; or

(c) the person has a prior conviction for an offense that would constitute a violation of paragraph (1), (2), (3) or (4) of subsection c. of this section.

(2) A person who violates any provision of subsection c. of this section shall also be subject to the provisions of subsections e. and f. and, if appropriate, subsection g., of this section.

(3) The action for the penalty prescribed in this subsection shall be brought in the Superior Court.

e. For a violation of this section, in addition to imposing any other appropriate penalties established for a crime of the third degree, crime of the fourth degree, or disorderly persons offense, as the case may be, pursuant to Title 2C of the New Jersey Statutes, the court shall:

(1) 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 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; and

(2) order the violator to receive a mental health evaluation by a licensed psychologist or therapist named by the court, and subsequent mental health counseling, if warranted by the evaluation, for a period of time to be prescribed by the licensed psychologist or therapist. The cost of the mental health evaluation and any required mental health counseling shall be paid by the violator. The court shall order the violator to submit the results of the mental health evaluation to the court, and if subsequent counseling is ordered, the court may order the violator to provide documentation of attendance to the court.

f. The court also shall require any violator of this section to pay restitution, including but not limited to, the monetary cost of replacing the animal if the animal died or had to be euthanized because of the extent of the animal’s injuries, 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 incurred by any agency, entity, or organization investigating the violation, or providing shelter or care for the animal or animals, including but not limited to 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, or other facility providing for the shelter and care of the animal or animals involved in the violation.

g. If a juvenile is adjudicated delinquent for an act which, if committed by an adult, would constitute a disorderly persons offense, crime of the fourth degree, or crime of the third degree pursuant to this section, the court also shall order the juvenile to receive a mental health evaluation by a licensed psychologist or therapist named by the court, and subsequent mental health counseling [by a licensed psychologist or therapist named by the court] , if warranted by the evaluation for a period of time to be prescribed by the licensed psychologist or therapist. The cost of the mental health evaluation and any required mental health counseling shall be paid by the parents or legal guardian of the juvenile. The court shall order the parents or legal guardian to submit the results of the mental health evaluation to the court, and if counseling is ordered subsequently, the court may order the parents or legal guardian to provide documentation of attendance to the court.

h. The Administrative Office of the Courts shall, with the assistance of the Attorney General, municipal prosecutors, and county prosecutors, maintain a record of any requirements or conditions imposed pursuant to this section or as a result of any conviction pursuant to this section, including, but not limited to, mental health evaluations and documentation of mental health counseling attendance.

(cf: P.L.2017, c.331, s.10).

4. R.S.4:22-26 is amended to read as follows:

4:22-26. A person who shall:

a. (1) Overdrive, overload, drive when overloaded, overwork, abuse, or needlessly kill a living animal [or creature], or cause or procure, by any direct or indirect means, including but not limited to through the use of another living animal [or creature], any such acts to be done;

(2) Torment, torture, maim, hang, poison, unnecessarily or cruelly beat, cruelly abuse, or needlessly mutilate a living animal [or creature], or cause or procure, by any direct or indirect means, including but not limited to through the use of another living animal [or creature], any such acts to be done;

(3) Cause the death of, or serious bodily injury to, a living animal [or creature] from commission of any act described in paragraph (2), (4), or (5) of this subsection, by any direct or indirect means, including but not limited to through the use of another living animal [or creature], or otherwise cause or procure any such acts to be done;

(4) Fail, as the owner or a person otherwise charged with the care of a living animal [or creature], to provide the living animal [or creature] with necessary care, or otherwise cause or procure such an act to be done; or

(5) Cause bodily injury to a living animal [or creature] from commission of the act described in paragraph (4) of this subsection;

b. (Deleted by amendment, P.L.2003, c.232)

c. Inflict unnecessary cruelty upon a living animal [or creature], by any direct or indirect means, including but not limited to through the use of another living animal [or creature]; or leave the living animal [or creature] 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 article 2 of chapter 22 of Title 4 of the Revised Statutes;

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 inhumane 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 the living animal [or creature] 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 the person’s possession sheep or cattle, which the person 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;

y. (1) 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;

(2) Knowingly slaughter a horse for human consumption;

(3) Knowingly sell or barter, or offer for sale or barter, at wholesale or retail, for human consumption, the flesh of a horse, or any product made in whole or in part from the flesh of a horse, or knowingly accept or publish newspaper advertising that includes the offering for sale, trade, or distribution of any such item for human consumption;

(4) Knowingly transport a horse for the purpose of slaughter for human consumption;

(5) Knowingly transport horsemeat, or any product made in whole or in part from the flesh of a horse, for the purpose of human consumption;

z. Surgically debark or silence a dog in violation of section 1 or 2 of P.L.2002, c.102 (C.4:19-38 or C.4:19-39);

aa. Use a live pigeon, fowl or other bird for the purpose of a target, or to be shot at either for amusement or as a test of skill in marksmanship, except that this subsection and subsections bb. and cc. shall not apply to the shooting of game;

bb. Shoot at a bird used as described in subsection aa. of this section, or is a party to such shooting; [or]

cc. Lease a building, room, field or premises, or knowingly permit the use thereof for the purposes of subsection aa. or bb. of this section; or

dd. Care for or have possession of animals in a quantity such that the person fails or is unable to provide necessary care for all of the animals and, due to the failure or inability to provide necessary care, at least some of the animals experience death, bodily injury, or other serious adverse health consequences --

Shall forfeit and pay a sum according to the following schedule, to be sued for and recovered, with costs, in a civil action by any person in the name of the municipality or county wherein the defendant resides or where the offense was committed:

For a violation of subsection e., f., g., u., v., w., or z. of this section or of paragraph (3) of subsection a. of this section, or for a second or subsequent violation of paragraph (2) or (5) of subsection a. of this section, a sum of not less than $3,000 nor more than $5,000;

For a violation of subsection l. of this section, for a first violation of paragraph (2) or (5) of subsection a. of this section, or for a violation of subsection dd. of this section, a sum of not less than $1,000 nor more than $3,000;

For a violation of paragraph (4) of subsection a. of this section, or subsection c. of this section, a sum of not less than $500 nor more than $2,000;

For a violation of subsection x. or paragraph (1) of subsection y. of this section, a sum of not less than $500 nor more than $1,000 for each domestic dog or cat fur or fur or hair product or domestic dog or cat carcass or meat product sold, bartered, or offered for sale or barter;

For a violation of paragraph (2), (3), (4), or (5) of subsection y. of this section, a sum of not less than $500 nor more than $1,000 for each horse slaughtered or transported for the purpose of slaughter for human consumption, or for each horse carcass or meat product transported, sold or bartered, or offered or advertised for sale or barter;

For a violation of subsection t. of this section, a sum of not less than $500 nor more than $1,000, but if the violation occurs on or near a highway, a mandatory sum of $1,000;

For a violation of subsection d., h., j., k., aa., bb., or cc. of this section or of paragraph (1) of subsection a. of this section, a sum of not less than $250 nor more than $1,000; and

For a violation of subsection i., m., n., o., p., q., r., or s. of this section, a sum of not less than $250 nor more than $500.

(cf: P.L.2017, c.331, s.13)

5. This act shall take effect immediately.

STATEMENT

This bill establishes the animal cruelty offense of animal hoarding and expands the mental health counseling required pursuant to R.S.4:22-17 under the State animal cruelty statutes. Under the bill, animal hoarding would be a crime of the fourth degree and carry a civil penalty of $1,000 to $3,000. This bill also amends current law to require a mental health evaluation for any animal cruelty offender, including an animal hoarder, whether the offender is an adult or a juvenile, to be followed by mental health counseling if warranted by the evaluation.

Animal hoarding is defined in the bill to be when a person cares for or has possession of animals in a quantity such that the person fails or is unable to provide necessary care for all of the animals and, due to the failure or inability to provide necessary care, at least some of the animals experience death, bodily injury, or other serious adverse health consequences. However, the bill also specifies that the number of animals in the person’s possession would not be the determining factor of animal hoarding, but could be a factor in determining whether animals have been provided necessary care.