b. (1) In addition to any other penalty imposed, the court shall order:
(a) the seizure and forfeiture of any dogs or other animals used for fighting or baiting, and may upon request of the prosecutor or on its own motion, order any person convicted of a violation under this section to forfeit possession of: (i) any other dogs or other animals in the person’s custody or possession; and (ii) any other property involved in or related to a violation of this section; and
(b) restitution, concerning the dogs or other animals seized and forfeited pursuant to subparagraph (a) of this paragraph, in the form of reimbursing any costs for all the animals’ food, drink, shelter, or veterinary care or treatment, or other costs, incurred by any person, agency, entity, or organization, including but not limited to the New Jersey Society for the Prevention of Cruelty to Animals, a county society for the prevention of cruelty to animals, any other recognized organization concerned with the prevention of cruelty to animals or the humane treatment and care of animals, a State or local governmental entity, or a kennel, shelter, pound, or other facility.
(2) The court may prohibit any convicted person from having future possession or custody of any animal for any period of time the court deems reasonable, including a permanent prohibition.
c. For the purposes of this section “bait” means to attack with violence, to provoke, or to harass a dog with one or more animals for the purpose of training the dog for, or to cause a dog to engage in, a fight with or among other dogs.
There are constitutional issues under the “Takings Clause” of the federal Fifth Amendment and analogous provision of the New Jersey State Constitution regarding “any property involved in or related to dog fighting.” For example, the forfeiture of a multi-million-dollar home where a dog fight took place would likely be considered excessive and unlawful.
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