[Njagdu] Provisions for Dusty's Law

[Ginger Kutsch]

  FYI. Dusty's Law is under NJ's criminal code -- Title 2C, Chapter 29, and
takes effect immediately. 

 

 

"Dusty's Law" establishes criminal penalties for killing, injuring, or
interfering with a service animal or guide dog. 

 

      Under the provisions of this new law, it is a crime of the fourth
degree for a person to recklessly kill a service animal or guide dog, or to
recklessly permit a dog that he or she owns or has immediate control over,
to kill a service animal or 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 service animal or guide dog, or
recklessly permits a dog that he or she owns or has immediate control over,
to injure a service animal or guide dog is a disorderly persons offense.
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 service animal or
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
service animal or 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.

 

      Dusty's Law also requires a person who recklessly kills, injures, or
interferes with a service animal or guide dog to pay restitution.
Restitution under the bill includes, but is not limited to, the value of the
service animal or guide dog; replacement and training or retraining expenses
for the service animal or guide dog and the handler; veterinary and other
medical and boarding expenses for the service animal or 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 service
animal or guide dog.

 

      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 situation.  

 

The text of Dusty's Law can be found at:

http://www.njleg.state.nj.us/2012/Bills/S2000/1907_R1.HTM

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