N.J. lawmakers propose charging dog-fighting organizers under anti-racketeering laws
By The Star-Ledger Continuous News Desk
December 28, 2009, 7:09PM
John O'Boyle / The Star-Ledger
May 2007 photo of a pitbull at the Liberty Humane Society in Jersey City. The dog was dropped off by an owner who said it did not have the temperament for dog fighting.
TRENTON -- Two New Jersey state senators have proposed a bill that would charge leaders of dog-fighting rings under anti-racketeering (RICO) statutes, according to a report by the Philadelphia Inquirer.
Under the proposed law by Sens. Van Drew (D-Cape May) and Thomas Kean Jr. (R-Union), organizers of dog fighting could face up to 20 years in prison, in cases where violence or guns were involved, the report said. New Jersey would be able to seize profits or property gained from dog fighting, according to the report.
The two senators have also proposed a bill for restraining orders that would protect pets in domestic disputes, the report said.
Source: http://www.nj.com/news/index.ssf/2009/12/nj_lawmakers_propose_bill_that.html
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Tougher dog-fighting laws proposed in NJ
By Jonathan Tamari
INQUIRER TRENTON BUREAU
The leaders of New Jersey dog-fighting rings could be charged under the same anti-racketeering laws used to prosecute mobsters under a bill proposed by two state senators.
If prosecuted under the state's anti-racketeering (RICO) statute, organizers of dog-fighting networks could face tough new penalties - up to 20 years in prison - in cases where violence or guns were involved. The state also could seize profits or property gained from dog fighting, a penalty that animal-rights groups see as an important deterrent.
"You can judge a society by the way it treats its most vulnerable," said Sen. Jeff Van Drew (D., Cape May), a sponsor of the bill. "Those that abuse animals in this way, in this severe way, are often individuals that go on to commit heinous acts against adults and children."
Van Drew and Thomas Kean Jr. (R., Union), another sponsor of the legislation, also have proposed a bill that would let judges issue restraining orders to protect pets in domestic disputes. While dog fighting already is illegal in New Jersey, the proposed bill would make the state the fourth in the country to bring leaders of dog-fighting rings under RICO statutes, according to the Senate Republican office. Oregon, Utah and Virginia have similar laws.
With gambling and other illegal profits tied to dog-fighting networks, Kean said it makes sense to charge the leading offenders under the laws that most famously exist to combat organized crime. "The RICO charges are really the only true statute that exists that hits the depth and breadth of these dog-fighting rings," Kean said.
Under current state laws, dog fighting carries a penalty of three to five years in prison, a fine of up to $15,000, or both. The range of penalties is the same whether the person gambles on or hosts a fight, or is an active organizer who keeps and trains the dogs. The existing penalties would remain for people who own or train fighting dogs, permit dog fights on their property or bet on dog fights.
Under the Senators' plan, a dog-fighting organizer or financier would face much stiffer sentences: five to 10 years in prison, a fine of up to $150,000, or both. Because being a leader could trigger the state's RICO laws, the penalty would grow if the organizer was convicted of a violent offense or gun crime in connection with dog fighting.
The state also could seize the profits garnered by dog-fighting leaders. "You've made a half-million dollars and bought a real nice house? . . . The government can take that away from you," said John Goodwin, manager of animal-fighting issues for the Humane Society of the United States. The threat of such losses, "can be a very effective tool," he said.
Laws to combat dog fighting have gained momentum since the 2007 conviction of National Football League star Michael Vick, now a backup quarterback for the Eagles.
Goodwin said that 29 dog-fighting laws have been approved since that case wrapped up: one on the federal level, one in Washington, D.C., and 27 in state legislatures.
Matt Stanton, a spokesman for the New Jersey Society for the Prevention of Cruelty to Animals, said dog-fighting cases in the state have remained relatively steady - 30 to 40 per year - but he suspects that publicity surrounding the crime has driven some organizations deeper underground.
Any steps to toughen dog-fighting laws is helpful, he said, though he noted that the intensity of prosecution varies. Some local police and prosecutors don't crack down on animal cruelty as hard as other crimes, Stanton said, while "others understand it's a big problem."
Van Drew and Kean's bill pertaining to restraining orders in domestic disputes also is aimed at protecting animals. The lawmakers and animal-rights spokesmen said that pets make easy targets in family conflicts. Violence against animals, they added, often spills over into other areas. "If somebody's going to beat up an animal, they don't have a problem throwing their fists around," Stanton said.
Thirteen states, Washington, D.C., and Puerto Rico allow for these types of restraining orders, according to the Senate GOP.
Both the dog-fighting and restraining-order bills were recently introduced, making it unlikely that they will be approved before Jan. 12, when the current legislative session ends and a new one begins. Kean said introducing the proposals will help set the stage for passage in the next session.
Source: http://www.philly.com/philly/news/breaking/80232552.html
