[First Reprint]

ASSEMBLY, No. 456

STATE OF NEW JERSEY

216th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION

 

 

Sponsored by:

Assemblyman  JERRY GREEN

District 22 (Middlesex, Somerset and Union)

Assemblyman  JOHN J. BURZICHELLI

District 3 (Cumberland, Gloucester and Salem)

 

Co-Sponsored by:

Assemblywoman Stender, Assemblymen Conaway and Diegnan

 

 

 

 

SYNOPSIS

     Clarifies that using animal to cause bodily injury to another constitutes assault with deadly weapon; grants immunity to police officers who use police dog as deadly weapon.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Law and Public Safety Committee on February 6, 2014, with amendments.

  

An Act concerning ¹[assault and] the use of an animal as a deadly weapon,¹ amending N.J.S.2C:11-1¹, and supplementing Title 59 of the New Jersey Statutes,¹

 

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

 

     1.    N.J.S.2C:11-1 is amended to read as follows:

     2C:11-1.  Definitions.

     In chapters 11 through 15, unless a different meaning plainly is required:

     a.    "Bodily injury" means physical pain, illness or any impairment of physical condition;

     b.    "Serious bodily injury" means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ;

     c.    "Deadly weapon" means any firearm or other weapon, device, instrument, material, animal, or substance, whether animate or inanimate, which in the manner it is used or is intended to be used, is known to be capable of producing death or serious bodily injury or which in the manner it is fashioned would lead the victim reasonably to believe it to be capable of producing death or serious bodily injury;

     d.    "Significant bodily injury" means bodily injury which creates a temporary loss of the function of any bodily member or organ or temporary loss of any one of the five senses.

(cf: P.L.1995, c.307, s.1)

 

     ¹2.  (New section)  Notwithstanding the provisions of any other law to the contrary,  if a dog owned or used by a law enforcement agency is used in the performance of official law enforcement duties as a deadly weapon as defined in N.J.S. 2C:11-1 the law enforcement agency shall be immune from civil liability for damages arising out of and directly relating to any injury caused by the dog.¹ 

 

     ¹[2.] 3.¹  This act shall take effect immediately.