Read the full stored bill text
A2034
ASSEMBLY, No. 2034
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman SHAMA A. HAIDER
District 37 (Bergen)
SYNOPSIS
���� "Chiara's Law"; prohibits euthanizing
animals in shelters or pounds except for health or safety reasons.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning the euthanizing of animals in shelters or
pounds,
designated as Chiara�s Law,
and
amending P.L.1941, c.151.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� Section 16 of P.L.1941,
c.151 (C.4:19-15.16) is amended to read as follows:
���� 16.� a.� The certified animal
control officer appointed by the governing body of the municipality shall take
into custody and impound any animal, to thereafter be euthanized or offered for
adoption, as provided in this section:
���� (1)� Any dog off the premises
of the owner or of the person charged with the care of the dog, which is
reasonably believed to be a stray dog;
���� (2)� Any dog off the premises
of the owner or the person charged with the care of the dog without a current
registration tag on its collar or elsewhere;
���� (3)� Any female dog in season
off the premises of the owner or the person charged with the care of the dog;
���� (4)� Any dog or other animal
which is suspected to be rabid; or
���� (5)� Any dog or other animal
off the premises of the owner or the person charged with its care that is
reported to, or observed by, a certified animal control officer to be ill,
injured, or creating a threat to public health, safety, or welfare, or
otherwise interfering with the enjoyment of property.
���� b.��� If an animal taken into
custody and impounded pursuant to subsection a. of this section has a collar or
harness with identification of the name and address of any person, or has a
registration tag, or has a microchip with an identification number that can be
traced to the owner or person charged with the care of the animal, or the owner
or the person charged with the care of the animal is otherwise known, the
certified animal control officer shall ascertain the name and address of the
owner or the person charged with the care of the animal, and serve to the
identified person as soon as practicable, a notice in writing that the animal
has been seized and will be liable to be offered for adoption or euthanized if
not claimed within seven days after the service of the notice.
���� c.��� A notice required
pursuant to this section may be served:� (1) by delivering it to the person on
whom it is to be served, or by leaving it at the person's usual or last known
place of residence or the address given on the collar, harness, or microchip identification;
or (2) by mailing the notice to that person at the person's usual or last known
place of residence, or to the address given on the collar, harness or microchip
identification.
���� d.���
[
A
]
Except as provided
pursuant to subsection m. of this section, a
shelter, pound, or kennel
operating as a shelter or pound receiving an animal from a certified animal
control officer pursuant to subsection a. of this section, or from any other
individual, group, or organization, shall hold the animal for at least seven
days before offering it for adoption,
[
or
]
euthanizing,
relocating, or sterilizing the animal,
[
except
if
]
unless
:
���� (1)� the animal is surrendered
voluntarily by its owner to the shelter, pound, or kennel operating as a
shelter or pound, in which case the provisions of subsection e. of this section
shall apply; or
���� (2)� the animal is suspected
of being rabid, in which case the provisions of subsection j. of this section
shall apply.
���� e.��� If a shelter, pound or
kennel operating as a shelter or pound is not required to hold an animal for at
least seven days pursuant to paragraph (1) of subsection d.
or subsection m.
of this section, the shelter, pound, or kennel operating as a shelter or pound:
���� (1)� shall offer the animal
for adoption for at least seven days
[
before
euthanizing it
]
;
or
���� (2)� may transfer the animal
to an animal rescue organization facility or a foster home prior to offering it
for adoption if such a transfer is determined to be in the best interest of the
animal by the shelter, pound, or kennel operating as a shelter or pound.
���� f.���� Except as otherwise
provided for under subsection e. of this section, no shelter, pound, or kennel
operating as a shelter or pound receiving an animal from a certified animal
control officer may transfer the animal to an animal rescue organization facility
or a foster home until the shelter, pound, or kennel operating as a shelter or
pound has held the animal for at least seven days.
���� g.��� If the owner or the
person charged with the care of the animal seeks to claim it within seven days,
or after the seven days have elapsed but before the animal has been adopted or
euthanized
pursuant to subsection m. of this section
, the shelter,
pound, or kennel operating as a shelter or pound:
���� (1)� shall, in the case of a
cat or dog, release it to the owner or person charged with its care, provided
the owner or person charged with the care of the animal provides proof of
ownership, which may include a valid cat or dog license, registration, rabies inoculation
certificate, or documentation from the owner's veterinarian that the cat or dog
has received regular care from that veterinarian;
���� (2)� may, in the case of a cat
or dog, charge the cost of sterilizing the cat or dog, if the owner requests
such sterilizing when claiming it; and
���� (3)� may require the owner or
person charged with the care of the animal to pay all the animal's expenses
while in the care of the shelter, pound, or kennel operating as a shelter or
pound, not to exceed $4 per day.
���� h.��� If the animal remains
unclaimed, is not claimed due to the failure of the owner or other person to
comply with the requirements of this section, or is not adopted after seven
days after the date on which notice is served pursuant to subsection c. of this
section or, if no notice can be served, not less than seven days after the date
on which the animal was impounded, the impounded animal may be placed in a
foster home
[
,
]
or
transferred to another shelter, pound, kennel operating as a shelter or pound,
or animal rescue organization facility
[
,
or euthanized in a manner causing as little pain as possible and consistent
with the provisions of R.S.4:22-19
]
.
���� i.���� At the time of
adoption, the right of ownership in the animal shall transfer to the new
owner.� No dog or other animal taken into custody, impounded, sent or otherwise
brought to a shelter, pound, or kennel operating as a shelter or pound shall be
sold or otherwise be made available for the purpose of experimentation.� Any
person who sells or otherwise makes available any such dog or other animal for
the purpose of experimentation shall be guilty of a crime of the fourth degree.
���� j.���� Any animal seized under
this section suspected of being rabid shall be immediately reported to the
executive officer of the local board of health and to the Department of Health,
and shall be quarantined, observed, and otherwise handled and dealt with as
appropriate for an animal suspected of being rabid or as required by the
Department of Health for the animals.
���� k.��� When a certified animal
control officer takes into custody and impounds, or causes to be taken into
custody and impounded, an animal, the certified animal control officer may
place the animal in the custody of, or cause the animal to be placed in the custody
of, only a licensed shelter, pound, or kennel operating as a shelter or pound.�
The certified animal control officer may not place the animal in the custody
of, or cause the animal to be placed in the custody of, any animal rescue
organization facility, foster home, or other unlicensed facility.� However, the
licensed shelter, pound, or kennel operating as a shelter or pound may place
the animal in an animal rescue organization facility, foster home, or other
unlicensed facility if necessary pursuant to subsection e. or h. of this
section.
���� l.���� Notwithstanding the
provisions of this section and sections 3 and 4 of P.L.2011, c.142
(C.4:19-15.30 and C.4:19-15.31) to the contrary, no cat or dog being
transferred between shelters, pounds, or kennels operating as shelters or
pounds, or being transferred to an animal rescue organization facility or
placed in a foster home, shall be required to be sterilized prior to that
transfer.
����
m.�� No shelter, pound, or
kennel operating as a shelter or pound may euthanize an animal, except:
����
(1)� when the health of the
animal, as determined by a licensed veterinarian, necessitates that the animal
be euthanized; or
����
(2)� for the safety of the
animal, other animals in the shelter, pound, or kennel operating as a shelter
or pound, or the employees at the facility, it is necessary to euthanize the
animal, as determined by the owner or operator of the shelter, pound, or kennel
operating as a shelter or pound.
����
If it is necessary to
euthanize the animal pursuant to this subsection, the shelter, pound, or kennel
operating as a shelter or pound shall do so in a humane manner consistent with
the provisions of R.S.4:22-19.
����
Compliance with Department
of Health requirements concerning any animal suspected of being rabid shall
supersede any provision of this subsection, and the shelter, pound, or kennel
operating as a shelter or pound shall comply with the provisions of subsection
j. of this section.
(cf: P.L.2012, c.17, s.7)
���� 2.��� This act shall take
effect immediately.
STATEMENT
���� This bill prohibits
euthanizing animals in shelters or pounds for any reason other than health or
safety reasons, and requires any necessary euthanizing to be done in a humane
manner consistent with current law.� The bill also provides that any Department
of Health requirements concerning an animal suspected of being rabid would
supersede the provisions limiting euthanasia for impounded animals established
in the bill.