Cohen Proposes 'Congo's Law' to Save Life of Dog Sentenced to Death

COHEN PROPOSES 'CONGO'S BILL' TO SAVE LIFE OF DOG SENTENCED TO DEATH

(TRENTON) - The Assembly Agriculture and Natural Resources Committee today released legislation Assembly Deputy Speaker Neil M. Cohen crafted that would immediately change the state's vicious dog laws.  The bill is part of ongoing efforts to save the life of Congo, a German shepherd that has fetched national media attention after being sentenced to death for mauling a landscaper in Princeton earlier this year.

Cohen's bill would revise state animal control law provisions that are archaic and barbaric by making it more difficult to label a dog vicious or to put an animal down.

"Congo's case underscores the need for the state to modernize the law that deals with dog attacks so it is fair for the owners and the animals," said Cohen (D-Union).

Cohen, an avid defender of the rights of animal, has sponsored several measures to ensure the humane treatment of animals.  He met with Congo and his owners, the James family, at their home in Princeton to raise awareness of his legislation and the dog's potential fate.

Cohen says that under current law the only defense for a dog declared vicious is if the dog has been provoked and acted in defense to protect itself, its offspring, its owner or a family member of the owner.

"The nature of a dog is to protect those around them," said Cohen.  "It's outrageous that Congo may have been provoked into attacking and this fact is being ignored by authorities."

A lawyer for Congo's owners has argued that Congo was provoked when the dog mauled a landscaper on June 5 outside a home in Princeton Township.

Cohen's bill (A-4597) would clarify and revise the current vicious dog law to make it more equitable.  The bill would take into consideration provocation by treating a dog provoked to attack differently than an unprovoked dog that caused bodily injury to a person or domestic animal during an attack.

Cohen said he learned of Congo's situation after a woman who read about the case called to ask him to get involved in the fight to save the life of the 2 ½ year-old German shepherd.

The bill would define striking, grabbing, poking and prodding as threatening actions and behaviors that could incite a dog to defend itself, its offspring or its owner or the owner's family.

The legislation would raise the bar for declaring a dog as vicious.  It would require a dog to be found vicious beyond a reasonable doubt - the same standard used for humans charged with a crime.  The measure also would give municipal courts an alternative to humanely destroying a vicious dog by giving the owner the option to comply with precautions for keeping a potentially dangerous dog.

During the disposition and appeals process, the bill would allow an owner to keep their dog as long as they complied with current law's precautions for keeping a potentially dangerous dog.  Precautions for owners keeping a dog deemed potentially dangerous include posting signs on their property and minimizing a dog's potential threat to people and other animals.

The bill also would allow an owner and owner's family to visit their dog during times when their dog might be impounded.  The bill would establish a three-month statute of limitations for animal control officer to seize and impound alleged vicious or potentially dangerous dogs.

Cohen said the vicious dog law has not been amended since 1994 and it's long-overdue for an update.  He said he hopes his legislation will be fast tracked into law to save the life of the Congo.
Congo was ruled vicious by Princeton Township Municipal Judge Russell Annich, Jr., who also ordered that the dog be put down.  The judge's decision has since been stayed and a state Superior Court Judge has allowed the dog to return to his home, pending appeal, with numerous restrictions, including that he is muzzled and kept in a fenced area.

he fate of Congo has ignited a public debate that has lead to more telephone calls, e-mails, letters and faxes to Governor Jon S. Corzine's office than any other issue since the governor took office.

The measure was released by a vote of 5 to 0.  It now heads to the Assembly Speaker who may or may not decide to post it for a vote by the full Assembly.

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