4:22-26.2 Animal care agency, enforcement agency, animal cruelty violation conviction, forfeiture, transfer custody; prohibiting violator from owning, harboring, residing with, having custody of other animals, time deemed appropriate by court.

429 words·~2 min read·/nj/title-4/chapter-22/4-22-26-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

5. a.

(1)Notwithstanding the provisions of any other law, or any rule or regulation adopted pursuant thereto, to the contrary, an animal care agency or enforcement agency may, upon the conviction of a person for an animal cruelty violation, petition the court in the animal cruelty proceeding for an order requiring forfeiture of the animal that is the basis of the conviction and prohibiting the person convicted of an animal cruelty violation from owning, harboring, residing with, or having custody or control of any other animals for a period of time that the court deems appropriate.

(2)Notwithstanding the provisions of any other law, or any rule or regulation adopted pursuant thereto, to the contrary, a co-owner of the animal that is the basis of the conviction may, upon such conviction, petition the court to transfer the animal to the custody of the petitioner upon a demonstration that the petitioner:

(a)is a co-owner of the animal as demonstrated by a written and executed contract showing co-ownership of the animal and dated prior to the date of the violation;

(b)does not reside with the defendant;

(c)has not been convicted of an animal cruelty violation; and

(d)did not harbor or have custody of the animal at the time of the violation for which the defendant was convicted.

b. At the sentencing of a person convicted of an animal cruelty violation, the court, upon its own initiative or in response to a petition filed pursuant to subsection a. of this section, and in addition to any other penalties that may be imposed on the defendant, may:

(a)adjudge an animal that is the basis of the conviction for an animal cruelty violation forfeited to the animal care agency with custody of the animal, and invest all rights and privileges over the animal in the animal care agency; or

(b)order the transfer of custody of the animal to the co-owner pursuant to a petition filed pursuant to paragraph

(2)of subsection a. of this section, upon a determination that the co-owner has successfully demonstrated that the conditions in paragraph

(2)of subsection a. of this section have been met, and the transfer is in the best interests of the animal's health, safety, and well-being, and will further the goal of protecting the animal from further harm; and

(2)order that the person convicted of an animal cruelty violation shall not own, harbor, reside with, or have custody or control of any other animals for a period of time that the court deems appropriate.

L.2023, c.129, s.5.