Extremely bad NJ law (7/9/2007) -- BSL Watch

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Date Posted: 07:58:57 07/09/07 Mon
Author: Karen
Subject: Extremely bad NJ law (7/9/2007)

NJ is really going off the deep end with this. This bill could also affect the ability of rescues to transport dogs let alone affect the ability to show dogs. Judges woud be committing an offense while seeing if a males testicles are descended. Forget AI and semen collection for shipping... Please forward this as well. It was sent to the UKC Legislative Issues and bears close watching.

Karen

From Stan Domozyk, Esq.

Long story short, since my "day job " is being an attorney and because of
the buzz I heard, I reviewed the proposed new animal cruelty law for New
Jersey ( Assembly bill #A2649 ). While there are some needed provisions
in
it concerning actual acts of animal cruelty, the bill is packed with
other
provisions which are anti-pet owner and anti-dog breeder. As it reads
now,
its provisions will end dog shows in New Jersey, and make it extremely
hard
for breeders to continue as well. It will allow anyone to accuse anyone
of
animal cruelty, whether true or not, and the accused individuals will
have
absolutely no legal recourse against those making the complaints, even
when
the complaints are later shown to be absolutely without any factual
basis!

A person under the proposed new law would be guilty of "Animal abuse" if they subject
an animal to transportation in a cruel manner. This is defined as "carrying a living animal or
causing a living animal to be carried, in or upon a vehicle or otherwise, in a cruel or inhumane
manner which creates a substantial risk of bodily injury or death, or leaving an animal
unattended in a vehicle under inhumane conditions adverse to the health or welfare of the
living animal... [[p.6]] Now keep in mind we all know what having an animal unattended in a
van is, but inhumane conditions is not defined under this section of the proposed statute. That
will be whatever the animal control officer "thinks" it is. If the control officer thinks it is too hot
or too cold, or there is not enough water or food, or not enough space in the crate, or not enough
air flow through the crate, that will be their call because "inhumane conditions" has no definition
under the proposed law. As with the judge example given above, each animal transported
under inhumane conditions is a separate offense. [[p.6]]

The touching of a dog's "intimate parts" is considered "sexual contact" under this
proposed new law. This touching is considered "Aggravated animal abuse". This will become a
crime of the 4th degree under the proposed new law. [[ pp.4-6 ]]
What this means, since there is no exceptions to these provisions under the current
proposed law, is that when a stud dog owner collects his dog, he is committing a crime, when a
bitch owner inseminates her bitch, she is committing a crime, when the judge at a dog show
examines the males to make sure their testicles have descended, they are committing a crime.
For the record, the dog show judge commits a separate crime with each dog he or she
examines. [[p.7]]

Under the proposed law there is now a separate crime for committing animal cruelty in
the presence of a child. So all of the above mentioned acts; collecting, inseminating or judging
in front of a minor, is a separate crime in and of itself each and every time it is done. Pity the
poor judge who is handling juniors. [[pp.7-8]]

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