As reported by nj.com, people who intentionally kill police dogs or dogs involved in search and rescue operations may soon face stiffer penalties in New Jersey. The Assembly is set to consider legislation this week that would mandate minimum five-year prison terms, with no chance of parole, for such offenders, who would also face fines up to $15,000. The current maximum sentence they now face is just three to five years in prison.

The measure, named for a police dog killed in the line of duty last November, was passed by the state senate earlier this year, so it would head to Governor Chris Christie’s desk if the Assembly gives its approval on Monday. The legislation honors Schultz, a 3 ½ year old German Shepherd who served with the Gloucester Township police force and was well-known in that southern New Jersey community due to appearances at many public events.

On the day he died, Schultz had helped track down a robbery suspect and sunk his teeth into the man’s forearm. The suspect then swung his arm and the dog was thrown into the path of an oncoming car, which struck and killed him. He was later memorialized with full police honors at a ceremony which drew large crowds and media coverage.

“Dogs that assist law enforcement are loyal allies in the fight against crime,” said Ruben Ramos, Jr., one of the bill’s primary sponsors. “This dog, like many others, was simply doing his job serving and protecting the public. They deserve legitimate protection against abuse, and those who abuse them need to face severe punishment.” Besides Ramos, other primary sponsors in the Assembly are Democrats Paul Moriarty of Turnersville, Charles Mainor of Jersey City and Gilbert “Whip” Wilson of Camden. It was initially considered by the Law and Public Safety Committee, which gave its approval in March.

In the senate, the bill was sponsored by Fred Madden, who served 28 years with the New Jersey State Police, and Donald Norcross. It was passed by that chamber in February by a unanimous 40-0 vote. Madden said police dogs are “vital parts” of the law enforcement agencies they serve with, so killing one should be viewed no less harshly than assaulting a police officer. “Schultz died in the line of duty doing exactly what he and every police dog has been trained to do, hunt down criminal suspects and help their human handlers arrest them so they can be brought to justice.”

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Photo of Donald C. Barbati Donald C. Barbati

Donald C. Barbati is a shareholder of Crivelli, Barbati & DeRose, L.L.C. His primary practice revolves around the representation of numerous public employee labor unions in various capacities to include contract negotiation, unfair labor practice litigation, contract grievance arbitration, and other diverse issues…

Donald C. Barbati is a shareholder of Crivelli, Barbati & DeRose, L.L.C. His primary practice revolves around the representation of numerous public employee labor unions in various capacities to include contract negotiation, unfair labor practice litigation, contract grievance arbitration, and other diverse issues litigated before the courts and administrative tribunals throughout the State of New Jersey. In addition, Mr. Barbati also routinely represents individuals in various types of public pension appeals, real estate transactions, and general litigation matters. He is a frequent contributor to the New Jersey Public Safety Officers Law Blog, a free legal publication designed to keep New Jersey public safety officers up-to-date and informed about legal issues pertinent to their profession. During his years of practice, Mr. Barbati has established a reputation for achieving favorable results for his clients in a cost-efficient manner.

Mr. Barbati has also handled numerous novel legal issues while representing New Jersey Public Safety Officers. Most notably, he served as lead counsel for the Appellants in the published case In re Rodriguez, 423 N.J. Super. 440 (App. Div. 2011). In that case, Mr. Barbati successfully argued on behalf of the Appellants, thereby overturning the Attorney General’s denial of counsel to two prison guards in a civil rights suit arising from an inmate assault. In the process, the Court clarified the standard to be utilized by the Attorney General in assessing whether a public employee is entitled to legal representation and mandated that reliance must be placed on up-to-date information.

Prior to becoming a practicing attorney, Mr. Barbati served as a judicial law clerk to the Honorable Linda R. Feinberg, Assignment Judge of the Superior Court of New Jersey, Mercer Vicinage. During his clerkship Mr. Barbati handled numerous complex and novel substantive and procedural issues arising from complaints in lieu of prerogative writs, orders to show cause, and motion practice. These include appeals from decisions by planning and zoning boards and local government bodies, bidding challenges under the Local Public Contract Law, Open Public Records Act requests, the taking of private property under the eminent domain statute, and election law disputes. In addition, Mr. Barbati, as a certified mediator, mediated many small claims disputes in the Special Civil Part.

Mr. Barbati received a Bachelor of Arts degree in history, magna cum laude, from Rider University in Lawrenceville, New Jersey. Upon graduating, Mr. Barbati attended Widener University School of Law in Wilmington, Delaware. In 2007, he received his juris doctorate, magna cum laude, graduating in the top five percent of his class. During law school, Mr. Barbati interned for the Honorable Joseph E. Irenas, Senior United States District Court Judge for the District of New Jersey in Camden, New Jersey, assisting on various constitutional, employment, and Third Circuit Court of Appeals litigation, including numerous civil rights, social security, and immigration cases.