Guide Dogs Focus of Newly Enacted 'Dusty's Law'

Source: Parsippany Patch -

Gov. Chris Christie signed into law Friday legislation that boosts criminal penalties for recklessly actions against guide dogs. The bill was sponsored by District 26 Asw. Betty Lou DeCroce and Assembly Republican Whip Scott Rumana.

The bill, called “Dusty’s Law,” is named after Dusty, a seeing-eye puppy in Bergen County who was still in training to assist a visually impaired person when he was attacked in July 2010. Though the dog survived his serious physical injuries, he was unable to continue in the training program due to the emotional trauma he suffered.

“Guide dogs and guide-dogs-in-training are bred to have a docile, obedient nature,” said DeCroce, a Republican who represents parts of Morris, Essex and Passaic counties. “Unfortunately, this gentle demeanor often brings out the worst in aggressive dogs. Currently, even the most serious dog-on-guide-dog attack is not considered a criminal act.

“This legislation is needed to ensure that reckless dog owners are held responsible when such attacks occur.” Rumana agreed.

“It’s important that we not only recognize the vital role these animals play in assisting those with an impairment, but that we afford them the protections they deserve,” he continued. “This measure sends a message that abusing or killing these dogs will have significant repercussions.”

Specifically, the legislation will make it a fourth-degree crime for a person to recklessly kill a guide dog, or to recklessly permit a dog that he or she owns or has immediate control over to kill a guide dog. A person who recklessly injures a guide dog, or recklessly permits a dog that he or she owns or has immediate control over to injure a guide dog will be a disorderly person under the bill.

In addition, a person who recklessly interferes with the use of a guide dog, or who recklessly permits a dog that he or she owns or over which he or she has immediate control to interfere with a guide dog by obstructing, intimidating, or otherwise jeopardizing the safety of that guide dog or its handler would be guilty of a petty disorderly persons offense.

Fourth-degree crimes are punishable by a prison term of up to 18 months, a fine of up to $10,000, or both. Disorderly persons offenses are punishable by a term of imprisonment of up to six months, a fine of up to $1,000, or both; petty disorderly persons offenses are punishable by a term of imprisonment of up to 30 days, a fine of up to $500, or both.

The bill also requires someone convicted under the law to pay restitution, which includes the value of the guide dog; replacement and training or retraining expenses for the guide dog and the handler; veterinary and other medical and boarding expenses for the guide dog; medical expenses for the handler; and lost wages or income incurred by the handler during any period that the handler is without the services of the guide dog.

Under the measure, a “guide dog” is defined as a dog, or dog in training, which has been or is being raised or trained by a volunteer puppy raiser or staff member of an organization generally recognized as being involved in the rehabilitation of the blind or deaf and reputable and competent to provide dogs with specialized training; or is fitted with a special harness so as to be suitable as an aid to the mobility of a blind person.

ANGELINI-RIBLE-RUMANA-DECROCE SPONSORED HOME INVASION BILL PASSES ASSEMBLY

Source: Assembly Republican Press Release-

Legislation sponsored by Assembly Republicans Mary Pat Angelini, Dave Rible, Scott Rumana and BettyLou DeCroce that makes the crime of home invasion when a person is present a first degree offense was approved by the General Assembly today. The bill (A-4329/S-2932) is in response to the break-in, robbery and vicious assault in a Millburn residence in June.

“The video showing the break-in and assault that took place in Millburn was horrifying,” said Angelini, R-Monmouth. “The intrusion and callous disregard for the homeowner was shocking and disgusting. A criminal who acts with such indifference should face a severe penalty, without leniency.”
The Home Invasion Bill stipulates that entering a home with the intent to commit a robbery, a first or second degree crime, or certain kidnapping and sexual crimes when a person is present is a first degree crime, which imposes a 10-30 year prison term.

“The contempt demonstrated by the assailant shows the cruel indifference criminals have for the public,” said Rible, R-Monmouth and Ocean, who is a retired police officer. “Words cannot aptly describe the fear a person and their loved ones feel when a burglary occurs when they are home. A person who acts with utter disdain and disrespect for other human beings and their property must pay the appropriate penalty.”
A home invasion offense would be subject to the No Early Release Act which stipulates that the convicted must serve at least 85 percent of their sentence.

“Home invasion is an egregious violation of a person’s right to live peacefully in their home,” said Rumana, R-Passaic, Bergen, Essex and Morris. “The trauma of burglary is bad enough, but when a person is in their home and fearing for their life, the mental and physical anguish never goes away. A criminal who acts so viciously deserves to face the stiffest sentence under the law.”

“The assault in Millburn is an example of how callously indifferent criminals are,” said DeCroce, R-Morris, Essex and Passaic, who sponsored legislation signed into law last year (Alex DeCroce’s Law) advocating for the rights of crime victims. “The brutality of this attack is a vivid example of the horror people endure. Many victims of crime bear the emotional trauma forever, especially when it involves an intrusion into their home. The criminal who is responsible deserves to pay a steep penalty for the harm they cause.”

Currently, the charge for the unlawful, non-violent break-in of a home is a third degree offense and does not require a prison sentence.