[Njagdu] New Bill for Dusty's Law

[Ginger Kutsch]

All, 

Pasted below is the new version of Dusty's Law. This is much stronger than
the old version as this bill makes it a criminal offense for
attacks/interference. Please contact your Assemblyperson to tell them you
support this bill and ask them to sign on as a sponsor or co-sponsor. One of
the most important pieces of this bill is that because it is now in the
criminal code, the police will have to respond to a call. This gives us
round-the-clock protection, not available through animal control.      

ASSEMBLY, No. 2728 


STATE OF NEW JERSEY

215th LEGISLATURE

  

INTRODUCED MARCH 15, 2012

 



 

Sponsored by:

Assemblyman  ROBERT SCHROEDER

District 39 (Bergen and Passaic)

 

 

 

 

SYNOPSIS

     Establishes criminal penalties for killing, injuring or interfering
with a guide dog; designated as "Dusty's Law." 

 

CURRENT VERSION OF TEXT 

     As introduced.

   



An Act concerning offenses against guide dogs, designated as "Dusty's Law,"
and supplementing chapter 29 of Title 2C of the New Jersey Statutes. 

 

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

 

     1.    a.  Any person who recklessly kills a guide dog, or who
recklessly permits a dog that the person owns or over which the person has
immediate control, to injure or kill a guide dog, is guilty of a crime of
the fourth degree.  

     b.    Any person who recklessly injures a guide dog, or recklessly
permits a dog that the person owns or over which the person has immediate
control, to injure a guide dog, is guilty of a disorderly persons offense.  

     c.     Any person who recklessly interferes with the use of a guide
dog, or who recklessly permits a dog that the person owns or over which that
person has immediate control, to interfere with a guide dog by obstructing,
intimidating, or otherwise jeopardizing the safety of that guide dog or its
handler is guilty of a petty disorderly persons offense.  

     d.    A person who is convicted of a violation of this section, in
addition to any other penalty, shall make full restitution for all damages
that arise out of or are related to the offense, including incidental and
consequential damages incurred by the handler of the guide dog.  Restitution
under this section shall include, but not be limited to:  

     (1)   the value of the guide dog; 

     (2)   replacement and training or retraining expenses for the guide dog
and the handler; 

     (3)   veterinary and other medical and boarding expenses for the guide
dog; 

     (4)   medical expenses for the handler; and

     (5)   lost wages or income incurred by the handler during any period
that the handler is without the services of the guide dog. 

     e.     As used in this section a "guide dog" shall mean a dog or dog in
training which:  

     (1)   has been or is being raised or trained by a volunteer puppy
raiser or staff member of an organization generally recognized as being
involved in the rehabilitation of the blind or deaf and reputable and
competent to provide dogs with specialized training; or

     (2)   fitted with a special harness so as to be suitable as an aid to
the mobility of a blind person.  

 

     2.    This act shall take effect immediately.  



STATEMENT

 

     This bill would establish criminal penalties for killing, injuring, or
interfering with a guide dog.  The bill is to be known as "Dusty's Law."  

     Specifically, the bill would make it a crime of the fourth degree for a
person to recklessly kill a guide dog, or to recklessly permit a dog that he
or she owns or has immediate control over, to kill a guide dog.  Fourth
degree crimes are punishable by a term of imprisonment of up to 18 months, a
fine of up to $10,000, or both.  

     A person who recklessly injures a guide dog, or recklessly permits a
dog that he or she owns or has immediate control over to injure a guide dog
would be a disorderly person under the bill.  Disorderly persons offenses
are punishable by a term of imprisonment of up to six months, a fine of up
to $1,000, or both.  

     A person who recklessly interferes with the use of a guide dog, or who
recklessly permits a dog that he or she owns or over which he or she has
immediate control to interfere with a guide dog, by obstructing,
intimidating, or otherwise jeopardizing the safety of that guide dog or its
handler is guilty of a petty disorderly persons offense.  Petty disorderly
persons offenses are punishable by a term of imprisonment of up to 30 days,
a fine of up to $500, or both.  

     The bill also requires a person who recklessly kills, injures, or
interferes with a guide dog to pay restitution.  Restitution under the bill
includes the value of the guide dog; replacement and training or retraining
expenses for the guide dog and the handler; veterinary and other medical and
boarding expenses for the guide dog; medical expenses for the handler; and
lost wages or income incurred by the handler during any period that the
handler is without the services of the guide dog. 

     The bill defines a "guide dog" as a dog, or dog in training, which (1)
has been or is being raised or trained by a volunteer puppy raiser or staff
member of an organization generally recognized as being involved in the
rehabilitation of the blind or deaf and reputable and competent to provide
dogs with specialized training; or (2) is fitted with a special harness so
as to be suitable as an aid to the mobility of a blind person.  

     A person acts "recklessly" with respect to a material element of an
offense under this State's criminal code when he or she consciously
disregards a substantial and unjustifiable risk that the material element
exists or will result from his or her conduct.  The risk must be of such a
nature and degree that, considering the nature and purpose of the person's
conduct and the circumstances known to the person, its disregard involves a
gross deviation from the standard of conduct that a reasonable person would
observe in the person's situati