Cruz-Pérez Bill Revising Standards for Warrantless Seizure of At-Risk Animals Advances

TRENTON – Legislation sponsored by Senator Nilsa Cruz-Pérez to revise the standard that must be met to authorize the warrantless seizure of an animal at risk due to a violation of the law concerning the necessary care and tethering of animals advanced yesterday in the Senate Environment and Energy Committee.

Under the current law any municipal humane law enforcement officer, humane law enforcement officer of a county society for the prevention of cruelty to animals, or other State or local law enforcement officer may immediately enter onto private property where a dog, domestic companion animal, or service animal is located and take physical custody of the animal, if the officer has reasonable suspicion to believe that the animal is at risk of imminent harm due to a violation.

“There have been too many cases of animal being abused and neglected in New Jersey. This bill would clarify the circumstances under which an officer may seize an animal without a warrant.  In addition to believing that the animal is at risk of imminent harm due to a violation of the new law, the bill would also require the officer to have a reasonable basis to believe that the animal requires immediate assistance”, said Senator Cruz-Pérez.

The bill, S-2674, would also correct an error in the law referring to the issuance of an order by a court.  The appropriate terminology should be the issuance of a warrant by the court, and the bill would make that change to the law.

Both the American Society for the Prevention of Cruelty to Animals and the Humane Society of the United States have supported the bill.

The bill was released from committee by a vote of 5-0 and next heads to the full Senate for further consideration.