New Jersey S 1406: Prohibits surgical declawing of cats and other animals.

Bill Text

SENATE, No. 1406

STATE OF NEW JERSEY
221st LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION

Sponsored by:
Senator TROY SINGLETON
District 7 (Burlington)
Senator VIN GOPAL
District 11 (Monmouth)

Co-Sponsored by:
Senators Greenstein, Cruz-Perez, Zwicker and Johnson

SYNOPSIS
Prohibits surgical declawing of cats and other animals.

CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.

S1406 SINGLETON, GOPAL
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EXPLANATION – Matter enclosed in bold-faced brackets [thus] in the above bill is
not enacted and is intended to be omitted in the law.

Matter underlined thus is new matter.

AN ACT concerning the surgical declawing of cats and other 1
animals, supplementing Title 4 of the Revised Statutes, and 2
amending R.S.4:22-26. 3
4
BE IT ENACTED by the Senate and General Assembly of the State 5
of New Jersey: 6
7
1. (New section) a. No person shall perform, or cause to be 8
performed, an onychectomy (declawing) or flexor tendonectomy 9
procedure by any means on a cat or other animal, unless the 10
procedure is deemed necessary for a therapeutic purpose by a 11
licensed veterinarian. A person who violates this provision shall be 12
guilty of a disorderly persons offense. 13
b. Whenever a licensed veterinarian determines that an 14
onychectomy or flexor tendonectomy is necessary for a therapeutic 15
purpose, the veterinarian shall prepare and file a written statement 16
with the Department of Health setting forth the purpose for 17
performing the procedure and providing the name and address of 18
the owner or keeper of the animal, and provide a copy of that 19
statement to the owner of the animal. A veterinarian who fails to 20
comply with the provisions of this section shall be subject to 21
disciplinary action by the State Board of Veterinary Medical 22
Examiners. 23
c. As used in this section, “therapeutic purpose” means for 24
purpose of necessity to address the medical condition of the animal, 25
such as an existing or recurring illness, infection, disease, injury, or 26
abnormal condition in a claw that compromises the animal’s health. 27
“Therapeutic purpose” shall not mean cosmetic or aesthetic reasons 28
or reasons of convenience in keeping or handling the animal. 29
30
2. R.S.4:22-26 is amended to read as follows: 31
4:22-26. A person who shall: 32
a. (1) Overdrive, overload, drive when overloaded, overwork, 33
abuse, or needlessly kill a living animal or creature, or cause or 34
procure, by any direct or indirect means, including but not limited 35
to through the use of another living animal or creature, any such 36
acts to be done; 37
(2) Torment, torture, maim, hang, poison, unnecessarily or 38
cruelly beat, cruelly abuse, or needlessly mutilate a living animal or 39
creature, or cause or procure, by any direct or indirect means, 40
including but not limited to through the use of another living animal 41
or creature, any such acts to be done; 42
(3) Cause the death of, or serious bodily injury to, a living 43
animal or creature from commission of any act described in 44
paragraph (2), (4), or (5) of this subsection, by any direct or indirect 45

S1406 SINGLETON, GOPAL
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means, including but not limited to through the use of another living 1
animal or creature, or otherwise cause or procure any such acts to 2
be done; 3
(4) Fail, as the owner or a person otherwise charged with the 4
care of a living animal or creature, to provide the living animal or 5
creature with necessary care, or otherwise cause or procure such an 6
act to be done; or 7
(5) Cause bodily injury to a living animal or creature from 8
commission of the act described in paragraph (4) of this subsection; 9
b. (Deleted by amendment, P.L.2003, c.232) 10
c. Inflict unnecessary cruelty upon a living animal or creature, 11
by any direct or indirect means, including but not limited to through 12
the use of another living animal or creature; or leave the living 13
animal or creature unattended in a vehicle under inhumane 14
conditions adverse to the health or welfare of the living animal or 15
creature; 16
d. Receive or offer for sale a horse that is suffering from abuse 17
or neglect, or which by reason of disability, disease, abuse or 18
lameness, or any other cause, could not be worked, ridden or 19
otherwise used for show, exhibition or recreational purposes, or 20
kept as a domestic pet without violating the provisions of article 2 21
of chapter 22 of Title 4 of the Revised Statutes; 22
e. Keep, use, be connected with or interested in the 23
management of, or receive money or other consideration for the 24
admission of a person to, a place kept or used for the purpose of 25
fighting or baiting a living animal or creature; 26
f. Be present and witness, pay admission to, encourage, aid or 27
assist in an activity enumerated in subsection e. of this section; 28
g. Permit a person’s place owned or controlled by the person to 29
be used as provided in subsection e. of this section; 30
h. Carry, or ca