[Njagdu] New Bill for Dusty's Law

[Lynn Reynolds]

Hello Ginger,
This bill is much stronger.  Once we discuss this tonight, I can put out a 
mass email for all our members to make calls to our Assemblymen to encourage 
them to co-sponsor this bill.  Great job.
Lynn
----- Original Message ----- 
From: "Ginger Kutsch" <GingerKutsch at yahoo.com>
To: "'New Jersey Association of Guide Dog Users'" <njagdu at nfbnet.org>
Sent: Monday, March 19, 2012 7:36 AM
Subject: [Njagdu] New Bill for Dusty's Law


> 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
>
>
> _______________________________________________
> Njagdu mailing list
> Njagdu at nfbnet.org
> http://nfbnet.org/mailman/listinfo/njagdu_nfbnet.org
> To unsubscribe, change your list options or get your account info for 
> Njagdu:
> http://nfbnet.org/mailman/options/njagdu_nfbnet.org/lhr1827%40optonline.net
>