New Jersey Senate Bill S1938

New Jersey 2022-2023 Regular Session

• Introduced: 3/3/22
• Refer: 3/3/22

Caption

Provides immunity from civil and criminal liability for rescue of animal from motor vehicle under inhumane conditions.

Impact

If enacted, S1938 would amend Title 2A of the New Jersey Statutes, creating a clearer legal framework that protects animal rescuers. It would enable citizens to step in during emergencies without the threat of civil or criminal charges, provided they comply with the specified conditions. This legislation is anticipated to encourage more people to intervene in dangerous situations for animals, thus potentially reducing instances of animal suffering caused by negligence.

Summary

Senate Bill S1938, introduced in New Jersey, aims to provide civil and criminal immunity to individuals who rescue domestic companion animals left unattended in vehicles under potentially harmful conditions. This legislation allows individuals to act in good faith to safeguard animals believed to be in immediate danger of bodily injury or death. Prior to intervening, rescuers are required to contact appropriate rescue personnel and make reasonable attempts to locate the owner of the vehicle or responsible individual, unless exigent circumstances apply. The bill emphasizes the importance of animal welfare while allowing good Samaritans to act without fear of legal repercussions.

Contention

While the bill is largely beneficial, there are concerns regarding potential misuse of the immunity provisions. Critics argue that without strict guidelines, individuals might act recklessly, putting both themselves and the animals in jeopardy. The definition of 'reasonable belief' regarding an animal's danger could be subjective, leading to varying interpretations that complicate enforcement. Furthermore, the bill's passage raises questions about the adequacy of existing animal protection laws, suggesting that while it enhances the rights of rescuers, it must be balanced with ensuring responsible actions.