A3319

An Act concerning negligent or reckless handling of a dog by pet owners, amending and supplementing P.L.1989, c.307.

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

1. (New section) a. A person is guilty of negligent handling of a dog, on four or more occasions, the person violates a local law, rule, or regulation concerning the leashing of a dog outside of designated areas. Records of the violations shall run with the person handling the dog, without regard to whether different dogs are involved. Allowing multiple dogs to run unleased in violation of local law, rule, or regulation at the same time shall be considered one violation.

b. No provision in this section shall apply to law enforcement dogs when a leash or tether would interfere with the dog’s work.

c. Negligent handling of a dog in violation of subsection a. of this section is a petty disorderly persons offense.

2. (New section) a. A person is guilty of reckless handling of a dog if the person allows a dog to injure a person, cat, or other dog without justification or provocation.

It shall be an affirmative defense that: (1) the handler was in compliance with all local laws, rules, and regulations and the handler of the injured dog or cat was not in compliance with local laws, rules, and regulations; or (2) the conduct of the dog was justified.

Upon a second attack by the same dog, regardless of the handler, the dog shall be declared a vicious dog or a potentially dangerous dog pursuant to P.L.1989, c.307 (C.4:19-17 et seq.).

b. Reckless handling of a dog in violation of subsection a. of this section is a disorderly persons offense. Notwithstanding the provisions of N.J.S.2C:1-8 or any other law, a conviction for a violation of this subsection shall not merge with a conviction for any other criminal offense.

c. Reckless handling of a dog in violation of subsection a. of this section where the injury requires hospitalization of a person or animal, or results in death, including medically recommended humane euthanasia of an animal, is a crime of the fourth degree. Notwithstanding the provisions of N.J.S.2C:1-8 or any other law, a conviction for a violation of this subsection shall not merge with a conviction for any other criminal offense.

d. Reckless handling of a dog in violation of subsection a. of this section is a crime of the third degree where the person handling the dog instructs the dog, by verbal command, bodily gesture, or other command to injure a person, cat, or other dog where there is no threat or imminent danger. Notwithstanding the provisions of N.J.S.2C:1-8 or any other law, a conviction for a violation of this subsection shall not merge with a conviction for any other criminal offense.

(1) Any dog implicated in a violation of this subsection shall be declared a potentially dangerous dog.

(2) A person who commits reckless handling of a dog under this subsection shall have any dog under the person’s care or residing in the person’s household seized and impounded by the municipality in accordance with section 3 of P.L.1989, c.307 (C.4:19-19). The person and any person residing in the same household shall, subject to the provisions of section 5 of P.L. c. (C. ) (pending before the Legislature as this bill), not be eligible to obtain a dog license.

e. No provision under this section shall apply to a dog owned or used by a law enforcement agency.

f. The handler of the attacking dog shall be liable for all medical or veterinary expenses incurred by the victim or owner of the victimized dog or cat relating to the attack.

g. A responding animal control officer or law enforcement officer shall provide the victim or owner of the victimized cat or dog written notice of their right to make a potentially dangerous dog complaint pursuant to P.L.1989, c.307 (C.4:19-17 et. seq.).

3. (New section) Leaving the scene of injury to companion animal without reporting. a. Each person who recklessly causes injury to a dog shall ascertain the extent of injury, report to the nearest police station, police officer, municipal humane law enforcement officer, chief humane law enforcement officer, or humane law enforcement officer of a county society for the prevention of cruelty to animals and give his name, address, operator's license and registration number, and also give the location of the injured animal.

b. Any person who violates any of the provisions of this section shall be guilty of a petty disorderly persons offense.

4. (New section) a. The owner of a dog who violates subsection a. or f. of section 2 of P.L. c. (C. ) (pending before the Legislature as this bill) shall be subject to a civil penalty of up to $500 in addition to any other applicable penalty. The penalty may be reduced by the amount which is paid as restitution by the owner of the dog to the person or the owner of an animal suffering serious physical injury as compensation for unreimbursed medical or veterinary expenses, lost earnings, and other damages. The penalty collected pursuant to this section shall be made payable to the municipality or county providing law enforcement or emergency services in response to the violation.

b. The owner of a dog who violates subsection b. of section 2 of P.L. c. (C. ) (pending before the Legislature as this bill) shall be subject to a civil penalty of up to $1,000 in addition to any other applicable penalty. The penalty may be reduced by the amount which is paid as restitution by the owner of the dog to the person or the owner of an animal suffering serious physical injury as compensation for unreimbursed medical or veterinary expenses, lost earnings, and other damages. Any monies collected pursuant to this section shall be made payable to the municipality or county providing the law enforcement or emergency services in response to the violation.

c. The owner of a dog who violates subsection c. of section 2 of P.L. c. (C. ) (pending before the Legislature as this bill) shall, in addition to any other applicable penalties, be subject to civil penalties of up to $2,000. The penalty may be reduced by the amount which is paid as restitution by the owner of the dog to the person or the owner of an animal suffering serious physical injury as compensation for unreimbursed medical or veterinary expenses, lost earnings, and other damages.

d. If the owner of a dog who violates subsection d. of section 2 of P.L. c. (C. ) (pending before the Legislature as this bill) shall, in addition to any other applicable penalties, be subject to civil penalties of up to $5,000. The penalty may be reduced by the amount which is paid as restitution by the owner of the dog to the person or the owner of an animal suffering serious physical injury as compensation for unreimbursed medical or veterinary expenses, lost earnings, and other damages.

e. If any dog, who has previously been determined by a municipal judge to be vicious pursuant to section 6 of P.L. 1989, c.307 (C.4:19-22 or potentially dangerous pursuant to section 7 of P.L. 1989, c.307 (C.4:19-23) violates section 2 of P.L. c. (C. ) (pending before the Legislature as this bill), regardless of whether the dog escapes without fault of the owner, the owner shall be guilty of a petty disorderly persons offense in addition to any other penalties.

5. (New section) a. The victim or the owner of a victimized dog shall have the right to request that a hearing be held pursuant to P.L. 1989, c.307 (C.4:19-17 et seq.), to determine whether the attacking dog is vicious or potentially dangerous, and to determine whether an underlying violation of local law, rule, or regulation has occurred in violation of section 1 of P.L. c. (C. ) (pending before the Legislature as this bill).

b. In any proceeding brought pursuant to P.L. 1989, c.307 (C.4:19-17 et seq.), the municipal court may, in its discretion, suspend the defendant’s eligibility to obtain a dog license for a set or indefinite period of time, and revoke any existing license. Eligibility shall be reinstated if the defendant is found not liable or the case is dismissed.

6. Section 4 of P.L.1989, c.307 (C.4:19-20) is amended to read as follows:

4. a. The animal control officer shall notify the municipal court and the municipal health officer immediately that he has seized and impounded a dog pursuant to section 3 of P.L.1989, c.307 (C.4:19-19), or that he has reasonable cause to believe that a dog has killed another domestic animal and that a hearing is required. The animal control officer shall through a reasonable effort attempt to determine the identity of the owner of any dog seized and impounded pursuant to section 3 of P.L.1989, c.307. If its owner cannot be identified within seven days, that dog may be humanely destroyed.

b. The animal control officer shall, within three working days of the determination of the identity of the owner of a dog seized and impounded pursuant to section 3 of P.L.1989, c.307 (C.4:19-19), notify by certified mail, return receipt requested, the owner concerning the seizure and impoundment, and that, if the owner wishes, a hearing will be held to determine whether the impounded dog is vicious or potentially dangerous. This notice shall also require that the owner return within seven days, by certified mail or hand delivery, a signed statement indicating whether he wishes the hearing to be conducted or, if not, to relinquish ownership of the dog, in which case the dog may be humanely destroyed. If the owner cannot be notified by certified mail, return receipt requested, or refuses to sign for the certified letter, or does not reply to the certified letter with a signed statement within seven days of receipt, the dog may be humanely destroyed.

c. An animal control officer responding to a victim or owner of a victimized dog shall provide the victim or owner of a victimized dog with written notice of the right to make a vicious dog or potentially dangerous dog complaint pursuant to P.L.1989, c.307.

d. An animal control officer who has issued four or more notices to the same individual shall refer the matter to the municipal prosecutor for investigation of a violation of section 1 of P.L. c. (C. ) (pending before the Legislature as this bill).

(cf: P.L.1994, c.187, s.2)

7. This act shall take effect immediately.

STATEMENT

This bill: (1) establishes new criminal offenses related to dog owners and handlers responsible for unrestrained dog attacks or injuries to another person or animal; (2) imposes civil penalties separate from the criminal penalties for violations; and (3) grants victims or the owner of a victimized dog or cat the right to request a hearing to determine whether an attacking dog is vicious or potentially dangerous, regardless of whether that an animal control officer has already done so.

Presently, animal control laws impose a uniform set of State requirements and related municipal court proceedings for when a dog is to be declared vicious or a potentially dangerous dog, but do not explicitly impose criminal culpability upon an owner or handler whose conduct permitted the dog to cause injury.

The bill creates the offense of negligent handling of a dog to cases where on four or more occasions, a person violates a local law, rule, or regulation concerning the leashing of a dog outside of areas designated. Under the bill, records of the violations run with the person handling the dog, without regard to whether different dogs are involved. Allowing multiple dogs to run unleashed in violation of local law, rule, or regulation at the same time shall constitute one violation. Negligent handling of a dog is a petty disorderly persons offense. A petty disorderly persons offense is punishable by up to 30 days imprisonment, a fine up to $500, or both.

The bill also creates the crime of reckless handling of a dog. Under the bill, a person is guilty of reckless handling of a dog if the person allows the dog to injure a person, cat, or other dog without justification or provocation. Reckless handling of a dog is a disorderly persons offense. A disorderly persons offense is punishable by up to six months imprisonment, a fine up to $1,000, or both. Reckless handling of a dog where the injury requires hospitalization of a person or animal, or results in death, including medically recommended humane euthanasia of an animal, is a crime of the fourth degree. A crime of the fourth degree is punishable by up to 18 months imprisonment, a fine up to $10,000, or both.

Reckless handling of a dog is a crime of the third degree if the person handling the dog instructs the dog, by verbal command, bodily gesture, or other command to injure a person, cat, or other dog where there is no threat or imminent danger. A crime of the third degree is punishable by up to five years imprisonment, a fine up to $15,000, or both. The sponsor recognizes that while this offense may overlap with conduct constituting an assault under N.J.S.A.2C:12-1, the act of issuing a command may not, pursuant to the requirement of the assault statute, constitute conduct manifesting extreme indifference to human life. This provision in the bill would cover that circumstance.

The bill creates separate civil penalties for violations committed under the bill. The bill provides that the owner of a dog who commits the offense of reckless handling of a dog shall be subject to a civil penalty not to exceed $500 for a disorderly persons offense; $1,000 for a crime of the fourth degree; and $2,000 for a crime of the third degree, in addition to any other applicable penalty. The penalty may be reduced by the amount which is paid as restitution by the owner of the dog to the person or the owner of an animal suffering serious physical injury, as compensation for unreimbursed medical or veterinary expenses, lost earnings, and other damages. Any monies collected pursuant to this section are to be made payable to the municipality or county providing law enforcement or emergency services in response to the violation.

Finally, the bill amends N.J.S.A.4:19-20, a provision in P.L.1989, c.307, the animal control law, concerned with providing notice to the owner of a seized dog. The amendment requires that notice be given to a victim or owner of a victimized dog as well. This notice will enable a victim or owner of the victimized animal to request a hearing to determine whether the attacking dog is vicious or potentially dangerous. The amendment further requires that an animal control officer who has issued four or more notices to the same individual shall refer the matter to the municipal prosecutor for a negligent handling investigation.

This bill is based on Assembly Bill A8462A, legislation introduced May 16, 2025, in the New York Assembly, known as "Penny's Law," to create the offenses of negligent handling of a dog and reckless handling of a dog.