[Njagdu] Njagdu Digest, Vol 48, Issue 9

Thu Jan 23 16:04:22 UTC 2014

Ginger, What was the law number and can we get a  printable version?

In a message dated 1/23/2014 7:02:02 A.M. Eastern Standard Time,  
njagdu-request at nfbnet.org writes:

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Today's Topics:

1. Service animals  in New Jersey now protected,    'Dusty's Law'
signed (Ginger Kutsch)
2. Provisions for Dusty's Law  (Ginger  Kutsch)

----------------------------------------------------------------------

Message:  1
Date: Wed, 22 Jan 2014 08:29:18 -0500
From: "Ginger Kutsch"  <GingerKutsch at yahoo.com>
To: "New Jersey Association of Guide Dog  Users" <njagdu at nfbnet.org>
Cc: Joe J Ruffalo  <nfbnj1 at verizon.net>
Subject: [Njagdu] Service animals in New Jersey  now protected,
'Dusty's Law' signed
Message-ID:  <01d501cf1775$f41568d0$dc403a70$@yahoo.com>
Content-Type: text/plain;  charset="us-ascii"

Service animals in New Jersey now protected,  'Dusty's Law' signed 

Posted by: Jerry DeMarco  January 21,  2014  

Cliffview  Pilot

Source:
http://cliffviewpilot.com/service-animals-in-new-jersey-now-protected-dustys
-law-signed/

The  state measure born in Woodcliff Lake known as "Dusty's Law" is, in 
fact,
a  law now after being signed by Gov. Christie today. It establishes  
criminal
penalties for killing, maiming or interfering with a service  dog.

Before today, police couldn't investigate such instances  as criminal acts
but, instead, must refer them to animal control agencies  who sometimes
cannot respond immediately on nights or weekends. The law was  crucial,
proponents said, because of the imminent danger to a blind person  whose dog
is incapacitated or killed.

Dusty's Law makes it a  criminal matter requiring police response. It 
governs
any animal that  attacks, injures or interferes with any kind of service 
dog,
including  during training.

That includes attacks on any dog, horse or  other animal owned or used by a
law enforcement agency, including  search-and-rescue dogs.

It's named for Dusty, a German Shepherd  puppy being trained as a guide dog
who was mauled by a pit bull in  Woodcliff Lake, requiring nearly 100
stitches, in July  2010.

Dusty, who was nine months old at the time, lost four  teeth and suffered
emotional trauma that kept him from continuing his work  with The Seeing Eye
program.

"Seeing eye dogs are especially  vulnerable to injury during an attack
because they've been bred and trained  to be non-aggressive," Jim Kutsch,
president and CEO of The Seeing Eye, the  world's oldest guide-dog school.

They also "are unlikely to  leave their masters' sides, even to save
themselves," he  said.

Dusty's trainer, Roger Woodhour of Woodcliff Lake, who  has volunteered with
The Seeing Eye for more than 20 years, noted that  nearly half of all guide
dogs are attacked at some time by other animals,  ordinarily within a
half-hour walk from home.

The Seeing Eye  published a survey that found that 44% of 744 guide dog 
users
had  experienced at least one attack by another animal. More than 80%  said
they'd had some kind of interference by another  animal.

Allowing an animal to kill a guide dog would be  punishable by up to 18
months in prison and a fine of up $10,000, or both,  under the law.

Allowing an animal to injure or interfere with a  guide dog would be a
disorderly persons offense, with the potential for a  six-month prison
sentence.

The measure also requires  restitution if a guide dog is killed or injured -
including the dog's  value, the nearly $60,000 it costs to train a
replacement dog, veterinary  bills, and lost income.

.GUEST COLUMN (Morristown Green): State  laws protecting the rights of guide
dogs and handlers vary, but few provide  real protection, compensation, and
lawful response. Dusty's Law would offer  round-the-clock police protection
for New Jersey's guide dog teams who need  immediate  assistance.

http://morristowngreen.com/2013/08/28/why-new-jersey-needs-dustys-law-a-pupp
y-raisers-story/  

In Bergen County, call 201-573-8900 to  report any form of suspected animal
cruelty or  neglect.

Share This

About the  author

Jerry  DeMarco

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Message:  2
Date: Wed, 22 Jan 2014 08:57:35 -0500
From: "Ginger Kutsch"  <GingerKutsch at yahoo.com>
To: "New Jersey Association of Guide Dog  Users" <njagdu at nfbnet.org>
Cc: Joe J Ruffalo  <nfbnj1 at verizon.net>
Subject: [Njagdu] Provisions for Dusty's  Law
Message-ID:  <021a01cf1779$e7d8f1f0$b78ad5d0$@yahoo.com>
Content-Type: text/plain;  charset="us-ascii"

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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End  of Njagdu Digest, Vol 48, Issue  9
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