Bill > A3709

Introduced Session

This bill, to be designated as "Moose's Law," would prohibit a person who has been convicted of a criminal animal cruelty offense in this State, or in any other state or jurisdiction, from: (1) commencing, operating, applying for employment, being employed, or volunteering at, or participating in any capacity in, an "animal-related enterprise" (enterprise), as that term is defined in the bill; or (2) acquiring or owning any domestic companion animal for a definitive period of time, as specified by a court. Any person who violates the bill's prohibitions would be guilty of a disorderly persons offense. This bill further specifies that no owner or operator of an animal-related enterprise may employ, or may allow to volunteer, at the enterprise any person who has been convicted of a criminal animal cruelty offense, and the bill requires certain actions to be undertaken to ensure such employment or volunteering does not occur. This prohibition would apply only to persons who are responsible for the care or handling of, or in direct contact with, any animal during the course of the person's employment, volunteering, or participation with the enterprise. The bill authorizes a court, upon a person's conviction for a criminal animal cruelty offense, to order the forfeiture of any domestic companion animal owned by the offender, or, if determined to be appropriate, to appoint a receiver to whom ownership and custody of the animal would be transferred. The bill specifies, however, that the court may not appoint as a receiver, any person who shares a place of residence with the offender. The bill further authorizes the court to issue an order prohibiting the offender from acquiring or owning any domestic companion animal for: (1) a period of not less than two years following the date of the offender's conviction for the present offense, or following the date of the offender's release from incarceration for the present offense, whichever is later; (2) the duration of the probationary period imposed by the court for the present offense, if that period will last for two years or longer; or (3) any more extended period of time, which the court, in its discretion, determines to be appropriate based on the nature and severity of the offense, the offender's prior history of animal cruelty offenses, and any other relevant factor. The bill provides for the owner or operator of the enterprise to determine that a person does not have a relevant criminal conviction by: (1) requesting and receiving, in writing, a determination by the Commissioner of Health that the person is not identified on the list, established pursuant to section 3 of P.L.1983, c.525 (C.4:19-15.16a), of persons who are ineligible to be certified animal control officers, or, if the person is identified on the list, that the person was not convicted of a criminal animal cruelty offense; and (2) performing, having performed, or requesting the Commissioner of Health to perform, a criminal background check confirming the employee, volunteer, or applicant for employment or a volunteer position has not been convicted of a criminal animal cruelty offense. The owner or operator of the enterprise would be allowed to provisionally employ a person or allow a person to provisionally volunteer for no more than 90 days pending the results of the criminal background check and the commissioner's determination concerning the list of persons who are ineligible to be certified animal control officers. Furthermore, the owner or operator of the animal-related enterprise would be authorized to: (1) determine the person's eligibility for employment, or for volunteer work, based on a criminal background check only, and without waiting for the commissioner to certify the person's eligibility for service as an animal control officer, provided that the criminal background check is completed no later than 90 days after the effective date of the bill for existing employees and existing volunteers, and for a provisional employee or provisional volunteer, no later than 90 days after receiving an application for employment or to volunteer; or (2) request that the Commissioner of Health perform a complete State Police and Federal Bureau of Investigation (FBI) criminal background check, at the owner's or operator's expense, within 30 days of the bill's effective date for existing employees and existing volunteers, and within two weeks of employment or volunteering for provisional employees and provisional volunteers. The owner or operator of an animal-related enterprise would be required to perform a criminal background check, or to request a Commissioner of Health criminal background check, only once for any employee or volunteer; however, the enterprise owner or operator would be directed to annually request and review an updated list, from the commissioner, of persons who are ineligible to be certified animal control officers, in order to confirm that the enterprise's employees and volunteers are still eligible to work or to volunteer for the enterprise, as applicable. The Commissioner of Health would be authorized to perform a complete State Police and FBI criminal background check if requested to do so under the bill. The bill would also specify that all names, addresses, and other information, which are submitted to the Commissioner of Health to complete a criminal background check, and any records developed therefrom, are to be considered criminal investigatory records for the purposes of compliance with P.L.1963, c.73 (C.47:1A-1 et seq.), commonly known as the open public records act, and may not be disclosed as a government record. Any employee or volunteer of an enterprise refusing to cooperate with the bill's background check requirements may be immediately dismissed. Any person who is considered ineligible to apply because of a criminal animal cruelty offense conviction may re-apply for employment, or for volunteer work, with the enterprise if the conviction is reversed. The bill would exempt, from its provisions: (1) any farm, livestock operation, or other business where domestic livestock are raised, kept, treated, marketed, or sold, and any owner, operator, or employee thereof; and (2) any academic research institution and any owner, operator, or employee thereof.

AI Summary

Committee Categories

Aura Dunn (R)*,  Carol Murphy (D)*,  Annette Quijano (D), 

Introduced, Referred to Assembly Commerce, Economic Development and Agriculture Committee (on 02/22/2024)

Official Document