COHEN/BURZICHELLI/FISHER BILLS TO OUTLAW SURGICAL MODIFICATION OF DOGS FOR SMUGGLING DRUGS ADVANCES

(TRENTON) - The Assembly Agriculture and Natural Resources Committee today released two bills Assemblymen Neil M. Cohen, John J. Burzichelli and Douglas H. Fisher sponsored to make surgical modification of dogs and other animals to serve as drug mules a specific animal cruelty crime.

The two-bill package was introduced in response to a report issued last year by the Drug Enforcement Administration's (DEA) that live puppies were being used to smuggle bags of liquid heroin into the United States during a January 2005 raid on a clandestine veterinary clinic in Colombia, South America.

"This was an absolutely heinous and reprehensible act of animal cruelty," said Cohen (D-Union).  "To intentionally breed puppies and surgically alter them to act as living drug mules is an unspeakable wrong, especially to anyone who has ever owned a pet."

The first bill (A-1583) would make it a crime to knowingly use a dog or any other animal to attempt, commit or aid in crimes involving drugs, including drug smuggling or distribution.  Penalties for committing such a crime would include a mandatory prison sentence of at least three years without parole.

Fines of up to $100,000 or five times the street value of the confiscated controlled substance also may be imposed.

The second measure (A-1584) would make the act of implanting controlled dangerous substances within any animal a crime punishable by three to five years in prison and/or up to $15,000 in fines. People using or attempting to use animals in that manner also would be subject to civil penalties between $3,000 to $5,000, under the state's existing animal cruelty laws.

"Our laws are in place to protect the defenseless, be they man, woman, child, or animal," said Burzichelli (D-Gloucester/Cumberland/Salem). "Today, we are taking a hard line, not just against animal cruelty, but against those criminals who would go to any means to continue their lives of crime."

The bill also would provide that a conviction under any of the animal cruelty laws would not be able to be merged with a conviction for any other criminal offense or any other animal cruelty offense. The court would be required to impose separate sentences for each violation, which would be served consecutively.

"Using animals to commit crimes is an outrageous affront on civilized society," said Fisher (D-Cumberland). "Inhumane treatment of animals to transport drugs is unconscionable and must be punished to the fullest possible extent." 

The bills were released from the committee 5 to 0 and 5 to 0, respectively.

They now head to the Assembly Speaker, who decides if and when to post them for a floor vote.

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