STATE OF NEW YORK
________________________________________________________________________
653--A
2017-2018 Regular Sessions
IN ASSEMBLY
January 9, 2017
___________
Introduced by M. of A. L. ROSENTHAL, BRINDISI, MONTESANO, ENGLEBRIGHT,
FAHY, JAFFEE, COLTON, SKOUFIS, OTIS, THIELE, ORTIZ, STECK, WEPRIN,
DAVILA, CURRAN, CUSICK, SANTABARBARA, MURRAY, PALUMBO, MOSLEY, RAIA,
ZEBROWSKI, BENEDETTO, BARRETT, PAULIN, HARRIS, M. G. MILLER,
SEAWRIGHT, JENNE, DiPIETRO -- Multi-Sponsored by -- M. of A. GALEF,
GARBARINO, GLICK, HEVESI, LUPARDO, MAYER, McDONOUGH, SIMON, SKARTADOS,
SOLAGES, WALTER -- read once and referred to the Committee on Agricul-
ture -- recommitted to the Committee on Agriculture in accordance with
Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the agriculture and markets law and the penal law, in
relation to promoting understanding, awareness and enforcement of
animal crimes laws; and to repeal sections 351, 353, 353-a, 353-b,
353-d, 355, 360, 361, 362 and subdivision 8 of section 374 of the
agriculture and markets law relating thereto
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Section 350 of the agriculture and markets law, as added
2 by chapter 1047 of the laws of 1965, subdivision 3 as added by chapter
3 619 of the laws of 1987, subdivision 4 as added by chapter 569 of the
4 laws of 1995, subdivision 5 as amended by chapter 118 of the laws of
5 1999, is amended to read as follows:
6 § 350. Definitions. 1. "Animal[,]", as used in this article, includes
7 every living creature except a human being;
8 2. ["Torture" or "cruelty"] "Cruelty" includes every act, omission, or
9 neglect, whereby unjustifiable physical pain, suffering or death is
10 caused or permitted and shall include but not be limited to, any act of
11 overdriving, overloading, injuring, maiming, mutilating or killing an
12 animal.
13 2-a. "Torture" means conduct that is intended to cause extreme phys-
14 ical pain.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02053-03-8
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1 3. "Adoption" means the delivery [to any natural person eighteen years
2 of age or older, for the limited purpose of harboring a pet, of any dog
3 or cat, seized or surrendered] of any animal forfeited, seized or
4 surrendered, to any natural person eighteen years of age or older, for
5 the purpose of that person permanently harboring such animal as a pet.
6 4. "Farm animal", as used in this article, means any ungulate, poul-
7 try, species of cattle, sheep, swine, goats, llamas, horses or fur-bear-
8 ing animals, as defined in section 11-1907 of the environmental conser-
9 vation law, which are raised for commercial or subsistence purposes.
10 Fur-bearing animal, as referenced in this article, shall not include
11 dogs or cats.
12 5. "Companion animal" or "pet" means any dog or cat, and shall also
13 mean any other domesticated animal normally maintained in or near the
14 household of the owner or person who cares for such other domesticated
15 animal. ["Pet" or "companion] "Companion animal" or "pet" shall not
16 include a "farm animal" as defined in this section.
17 6. "Animal cruelty offense" means any violation of this article or of
18 article two hundred eighty of the penal law, or any other unlawful act
19 by which harm is intentionally, knowingly, recklessly or negligently
20 caused or permitted to occur to an animal.
21 7. "Duly incorporated society for the prevention of cruelty to
22 animals", as used in this article, shall mean a corporation constituted
23 pursuant to the provisions of subdivision (g) of section four hundred
24 four and section fourteen hundred three of the not-for-profit corpo-
25 ration law.
26 § 2. Sections 351, 353, 353-a, 353-b, 353-d, 355, 360, 361 and 362 of
27 the agriculture and markets law are REPEALED.
28 § 3. Section 365 of the agriculture and markets law, as amended by
29 chapter 458 of the laws of 1985, is amended to read as follows:
30 § 365. Clipping or cutting the ears of dogs. 1. Whoever clips or cuts
31 off or causes or procures another to clip or cut off the whole or any
32 part of an ear of any dog unless an anaesthetic shall have been given to
33 the dog and the operation performed by a licensed veterinarian, is guil-
34 ty of a misdemeanor, punishable by imprisonment for not more than one
35 year, or a fine of not more than one thousand dollars, or by both.
36 2. [The provisions of this section shall not apply to any dog or
37 person who is the owner or possessor of any dog whose ear or a part
38 thereof has been clipped or cut off prior to September first, nineteen
39 hundred twenty-nine.
40 3.] Each applicant for a dog license must state on such application
41 whether any ear of the dog for which he applies for such license has
42 been cut off wholly or in part.
43 [4.] 3. Nothing herein contained shall be construed as preventing any
44 dog whose ear or ears shall have been clipped or cut off wholly or in
45 part, not in violation of this section, from being imported into the
46 state exclusively for breeding purposes.
47 § 4. Section 369 of the agriculture and markets law, as amended by
48 chapter 458 of the laws of 1985, is amended to read as follows:
49 § 369. Interference with officers. Any person who shall interfere with
50 or obstruct any constable or police officer or any officer or agent of
51 any duly incorporated society for the prevention of cruelty to animals
52 in the discharge of his duty to enforce the laws relating to animals,
53 including those provisions contained in article two hundred eighty of
54 the penal law, shall be guilty of a misdemeanor, punishable by imprison-
55 ment for not more than one year, or by a fine of not more than one thou-
56 sand dollars, or by both.
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1 § 5. Section 371 of the agriculture and markets law, as amended by
2 chapter 573 of the laws of 1978, is amended to read as follows:
3 § 371. Powers of peace officers. A constable or police officer must,
4 and any agent or officer of any duly incorporated society for the
5 prevention of cruelty to animals may issue an appearance ticket pursuant
6 to section 150.20 of the criminal procedure law, summon or arrest, and
7 bring before a court or magistrate having jurisdiction, any person
8 offending against any of the provisions of this article [twenty-six of
9 the agriculture and markets law] or any provisions of article two
10 hundred eighty of the penal law. Any officer or agent of any of said
11 societies may lawfully interfere to prevent the perpetration of any act
12 of cruelty upon any animal in his or her presence. Any of said societies
13 may prefer a complaint before any court, tribunal or magistrate having
14 jurisdiction, for the violation of any law relating to or affecting
15 animals and may aid in presenting the law and facts before such court,
16 tribunal or magistrate in any proceeding taken.
17 § 6. Subdivision 6 of section 373 of the agriculture and markets law,
18 as amended by chapter 256 of the laws of 1997, paragraph a and subpara-
19 graph 1 of paragraph b as amended by chapter 531 of the laws of 2013,
20 subparagraph 2 of paragraph b as amended by section 24 of part T of
21 chapter 59 of the laws of 2010, is amended to read as follows:
22 6. a. If any animal is seized [and] or impounded pursuant to the
23 provisions of this section, [section three hundred fifty-three-d of this
24 article] or section three hundred seventy-five of this article, or
25 pursuant to the provisions of article six hundred ninety of the criminal
26 procedure law, for any violation of this article, any violation of arti-
27 cle two hundred eighty of the penal law or in connection with the arrest
28 for an animal cruelty offense, then, upon arraignment of charges, or
29 within a reasonable time thereafter, [the] a duly incorporated society
30 for the prevention of cruelty to animals, humane society, pound, animal
31 shelter, sheriff, municipal police department, district attorney or any
32 authorized agents thereof, hereinafter referred to for the purposes of
33 this section as the "impounding organization", may file a petition with
34 the court requesting that the person from whom an animal is seized or
35 the owner of the animal be ordered to post a security. The district
36 attorney prosecuting the charges may file and obtain the requested
37 relief on behalf of the impounding organization if requested to do so by
38 the impounding organization. The security shall be in an amount suffi-
39 cient to secure payment for all reasonable expenses expected to be
40 incurred by the impounding organization in caring and providing for the
41 animal pending disposition of the charges. Reasonable expenses shall
42 include, but not be limited to, estimated medical care and boarding of
43 the animal for at least thirty days. The amount of the security, if any,
44 shall be determined by the court after taking into consideration all of
45 the facts and circumstances of the case including, but not limited to
46 the recommendation of the impounding organization having custody and
47 care of the seized animal and the cost of caring for the animal. If a
48 security has been posted in accordance with this section, the impounding
49 organization may draw from the security the actual reasonable costs to
50 be incurred by such organization in caring for the seized animal.
51 b. (1) Upon receipt of a petition pursuant to paragraph a of this
52 subdivision the court shall set a hearing on the petition to be
53 conducted within ten business days of the filing of such petition. The
54 petitioner shall serve a true copy of the petition upon the defendant
55 and the district attorney if the district attorney has not filed the
56 petition on behalf of the petitioner. The petitioner shall also serve a
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1 true copy of the petition on any interested person. For purposes of this
2 subdivision, interested person shall mean an individual, partnership,
3 firm, joint stock company, corporation, association, trust, estate or
4 other legal entity who the court determines may have a pecuniary inter-
5 est in the animal which is the subject of the petition. The petitioner
6 or the district attorney acting on behalf of the petitioner, shall have
7 the burden of proving by a preponderance of the evidence that the person
8 from whom the animal was seized violated a provision of this article.
9 The court may waive for good cause shown the posting of security.
10 (2) If the court orders the posting of a security, the security shall
11 be posted with the clerk of the court within five business days of the
12 hearing provided for in subparagraph one of this paragraph. The court
13 may order the immediate forfeiture of the seized animal to the impound-
14 ing organization if the person ordered to post the security fails to do
15 so. Any animal forfeited shall be made available for adoption or euthan-
16 ized subject to subdivision seven-a of section one hundred seventeen of
17 this chapter or section three hundred seventy-four of this article.
18 (3) In the case of an animal other than a companion animal or pet, if
19 a person ordered to post security fails to do so, the court may, in
20 addition to the forfeiture to [a duly incorporated society for the
21 prevention of cruelty to animals, humane society, pound, animal shelter
22 or any authorized agents thereof] the impounding organization, and
23 subject to the restrictions of sections three hundred fifty-four, three
24 hundred fifty-seven and three hundred seventy-four of this article,
25 order the animal which was the basis of the order to be sold, provided
26 that all interested persons shall first be provided the opportunity to
27 redeem their interest in the animal and to purchase the interest of the
28 person ordered to post security, subject to such conditions as the court
29 deems appropriate to assure proper care and treatment of the animal. The
30 court may reimburse the person ordered to post security and any inter-
31 ested persons any money earned by the sale of the animal less any costs
32 including, but not limited to, veterinary and custodial care. Any animal
33 determined by the court to be maimed, diseased, disabled or infirm so as
34 to be unfit for sale or any useful purpose shall be forfeited to [a duly
35 incorporated society for the prevention of cruelty to animals or a duly
36 incorporated humane society] the impounding organization or authorized
37 agents thereof, and be available for adoption or shall be euthanized
38 subject to section three hundred seventy-four of this article.
39 (4) Nothing in this section shall be construed to limit or restrict in
40 any way the rights of a secured party having a security interest in any
41 animal described in this section. This section expressly does not impair
42 or subordinate the rights of such a secured lender having a security
43 interest in the animal or in the proceeds from the sale of such animal.
44 c. In no event shall the security prevent the impounding organization
45 having custody and care of the animal from disposing of the animal
46 pursuant to section three hundred seventy-four of this article prior to
47 the expiration of the thirty day period covered by the security if the
48 court makes a determination of the charges against the person from whom
49 the animal was seized prior thereto. Upon receipt of a petition from the
50 impounding organization, the court may order the person from whom the
51 animal was seized or the owner of the animal to post an additional secu-
52 rity with the clerk of the court to secure payment of reasonable
53 expenses for an additional period of time pending a determination by the
54 court of the charges against the person from whom the animal was seized.
55 The person who posted the security shall be entitled to a refund of the
56 security in whole or part for any expenses not incurred by such impound-
A. 653--A 5
1 ing organization upon adjudication of the charges. The person who posted
2 the security shall be entitled to a full refund of the security, includ-
3 ing reimbursement by the impounding organization of any amount allowed
4 by the court to be expended, and the return of the animal seized and
5 impounded upon acquittal or dismissal of the charges, except where the
6 dismissal is based upon an adjournment in contemplation of dismissal
7 pursuant to section 215.30 of the criminal procedure law. The court
8 order directing such refund and reimbursement shall provide for payment
9 to be made within a reasonable time from the acquittal or dismissal of
10 charges.
11 § 7. Subdivision 8 of section 374 of the agriculture and markets law
12 is REPEALED.
13 § 8. Section 380 of the agriculture and markets law, as added by chap-
14 ter 470 of the laws of 2017, is renumbered section 381 and a new section
15 382 is added to read as follows:
16 § 382. Special sentencing provisions. In addition to any other penal-
17 ty provided by law, a court may impose the following sentences upon a
18 conviction for any animal cruelty offense:
19 1. The convicted person may, after a duly held hearing pursuant to
20 subdivision six of this section, be ordered by the court to forfeit, to
21 an animal shelter, pound, sheriff, municipal police department, district
22 attorney, a duly incorporated society for the prevention of cruelty to
23 animals or a duly incorporated humane society or authorized agents ther-
24 eof, the animal or animals which are the basis of the conviction. Upon
25 such an order of forfeiture, the convicted person shall be deemed to
26 have relinquished all rights to the animals which are the basis of the
27 conviction, except those granted in subdivision two of this section.
28 2. In the case of farm animals, the court may, in addition to the
29 forfeiture to an animal shelter, pound, sheriff, municipal police
30 department, district attorney, a duly incorporated society for the
31 prevention of cruelty to animals or a duly incorporated humane society
32 or authorized agents thereof, and subject to the restrictions of
33 sections three hundred fifty-four and three hundred fifty-seven of this
34 article, order the farm animals which were the basis of the conviction
35 to be sold. In no case shall farm animals which are the basis of the
36 conviction be redeemed by the convicted person who is the subject of the
37 order of forfeiture or by any person charged with an animal cruelty
38 offense for conspiring, aiding or abetting in the unlawful act which was
39 the basis of the conviction, or otherwise acting as an accomplice if
40 such charge has not yet been adjudicated. The court shall reimburse the
41 convicted person and any duly determined interested persons, pursuant to
42 subdivision six of this section, any money earned by the sale of the
43 farm animals less any costs including, but not limited to, veterinary
44 and custodial care, and any fines or penalties imposed by the court. The
45 court may order that the subject animals be provided with appropriate
46 care and treatment pending the hearing and the disposition of the charg-
47 es. Any farm animal ordered forfeited but not sold shall be remanded to
48 the custody and charge of an animal shelter, pound, sheriff, municipal
49 police department, district attorney, a duly incorporated society for
50 the prevention of cruelty to animals or duly incorporated humane society
51 or its authorized agent thereof and disposed of pursuant to subdivision
52 five of this section.
53 3. The court may order that the convicted person shall not own,
54 harbor, or have custody or control of any other animals, other than farm
55 animals, for a period of time which the court deems reasonable. In
56 making its determination of what period of time is reasonable, the court
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1 shall take into account the totality of the circumstances before it and
2 be bound to no single factor. Such order must be in writing and specif-
3 ically state the period of time imposed.
4 4. No dog or cat in the custody of a duly incorporated society for
5 the prevention of cruelty to animals, a duly incorporated humane society
6 or its authorized agents thereof, or a pound or shelter, shall be sold,
7 transferred or otherwise made available to any person for the purpose of
8 research, experimentation or testing. No authorized agent of a duly
9 incorporated society for the prevention of cruelty to animals, nor of a
10 duly incorporated humane society, shall use any animal placed in its
11 custody by the duly incorporated society for the prevention of cruelty
12 to animals or duly incorporated humane society for the purpose of
13 research, experimentation or testing.
14 5. An animal shelter, pound, sheriff, municipal police department,
15 district attorney, a duly incorporated society for the prevention of
16 cruelty to animals or a duly incorporated humane society in charge of
17 animals forfeited pursuant to subdivision one or two of this section
18 may, in its discretion, lawfully and without liability, adopt them to
19 individuals other than the convicted person or person charged with an
20 animal cruelty offense for conspiring, aiding or abetting in the unlaw-
21 ful act which was the basis of the conviction, or otherwise acting as an
22 accomplice if such charge has not yet been adjudicated, or humanely
23 dispose of them subject to section three hundred seventy-four of this
24 article.
25 6. (a) Prior to an order of forfeiture of farm animals, a hearing
26 shall be held within thirty days of conviction to determine the pecuni-
27 ary interests of any other person in the farm animals which were the
28 basis of the conviction. Written notice shall be served at least five
29 days prior to the hearing upon all interested persons. In addition,
30 notice shall be made by publication in a local newspaper at least seven
31 days prior to the hearing. For the purposes of this subdivision, inter-
32 ested persons shall mean any individual, partnership, firm, joint stock
33 company, corporation, association, trust, estate, or other legal entity
34 who the court determines may have a pecuniary interest in the farm
35 animals which are the subject of the forfeiture action.
36 (b) All interested persons shall be provided an opportunity at the
37 hearing to redeem their interest as determined by the court in the
38 subject farm animals and to purchase the interest of the convicted
39 person. The convicted person shall be entitled to be reimbursed his or
40 her interest in the farm animals, less any costs, fines or penalties
41 imposed by the court, as specified under subdivision two of this
42 section. In no case shall the court award custody or control of the
43 animals to any interested person who conspired, aided or abetted in the
44 unlawful act which was the basis of the conviction, or who knew or
45 should have known of the unlawful act.
46 7. Nothing in this section shall be construed to limit or restrict in
47 any way the rights of a secured party having a security interest in any
48 farm animal described in this section. This section expressly does not
49 impair or subordinate the rights of such a secured lender having a secu-
50 rity interest in farm animals or in the proceeds from the sale of such
51 farm animals.
52 § 9. Part 3 of the penal law is amended by adding a new title Q to
53 read as follows:
54 TITLE Q
55 OFFENSES AGAINST ANIMALS
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1 ARTICLE 280
2 OFFENSES AGAINST ANIMALS
3 Section 280.00 Definitions.
4 280.05 Promoting animal fighting in the second degree.
5 280.10 Promoting animal fighting in the first degree.
6 280.20 Animal cruelty in the second degree.
7 280.25 Animal cruelty in the first degree.
8 280.30 Unlawful dealing with animals used for racing, breeding,
9 or competitive exhibition of skill, breed or stamina.
10 280.35 Endangering the welfare of animals.
11 280.40 Animal abduction in the third degree.
12 280.45 Animal abduction in the second degree.
13 280.50 Animal abduction in the first degree.
14 280.55 Unauthorized possession of animal presumptive evidence of
15 restraint and abduction.
16 280.60 Appropriate shelter for dogs left outdoors.
17 280.65 Confinement of companion animals in vehicles; extreme
18 temperatures.
19 280.70 Leaving New York state to avoid provisions of this arti-
20 cle.
21 280.75 Evidentiary and impoundment procedures by members of law
22 enforcement.
23 280.80 Special sentencing provisions applicable.
24 § 280.00 Definitions.
25 The following definitions are applicable to this article:
26 1. "Animal" includes every living creature except a human being.
27 2. "Cruelty" includes every act, omission, or neglect, whereby unjus-
28 tifiable physical pain, suffering or death is caused or permitted and
29 shall include but not be limited to, any act of overdriving, overload-
30 ing, injuring, maiming, mutilating, or killing an animal.
31 3. "Aggravated cruelty" shall mean an act of cruelty that is done or
32 carried out in a depraved or sadistic manner.
33 4. "Torture" means conduct that is intended to cause extreme pain.
34 5. "Adoption" means the delivery of any animal, seized or surrendered,
35 to any natural person eighteen years of age or older, for the limited
36 purpose of harboring such animal as a pet.
37 6. "Farm animal" means any ungulate, poultry, species of cattle,
38 sheep, swine, goats, llamas, horses or fur-bearing animals, as defined
39 in section 11-1907 of the environmental conservation law, which are
40 raised for commercial or subsistence purposes. "Fur-bearing animal"
41 shall not include dogs or cats.
42 7. "Companion animal" or "pet" means any dog or cat, and shall also
43 mean any other domesticated animal normally maintained in or near the
44 household of the owner or person who cares for such other domesticated
45 animal. "Companion animal" or "pet" shall not include a "farm animal" as
46 defined in this section.
47 8. "Animal fighting" shall mean any fight between cocks or other
48 birds, or between dogs, bulls, bears or any other animals, or between
49 any such animal and a person or persons, except in exhibitions of a kind
50 commonly featured at rodeos.
51 9. "Abandons" means any action taken that reflects willful departure
52 from the ownership, possession, care, control, charge or custody of an
53 animal, without making adequate provisions for the animal's future care.
54 10. "Restrain" means to restrict an animal's movements intentionally
55 and unlawfully in such manner as to interfere substantially with its
56 liberty by moving it from one place to another, or by confining it
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1 either in the place where the restriction commences or in a place to
2 which it has been moved, with knowledge that the restriction is unlaw-
3 ful.
4 11. "Abduct" means to restrain an animal with intent to prevent its
5 liberation by secreting or holding it in a place where it is not likely
6 to be found.
7 12. "Animal fighting paraphernalia" shall mean equipment, products, or
8 materials of any kind that are used, intended for use, or designed for
9 use in the training, preparation, conditioning or furtherance of animal
10 fighting. Animal fighting paraphernalia includes: (i) a breaking stick,
11 which means a device designed for insertion behind the molars of a dog
12 for the purpose of breaking the dog's grip on another animal or object;
13 (ii) a cat mill, which means a device that rotates around a central
14 support with one arm designed to secure a dog and one arm designed to
15 secure a cat, rabbit, or other small animal beyond the grasp of the dog;
16 (iii) a treadmill, which means an exercise device consisting of an
17 endless belt on which the animal walks or runs without changing places;
18 (iv) a springpole, which means a biting surface attached to a stretcha-
19 ble device, suspended at a height sufficient to prevent a dog from
20 reaching the biting surface while touching the ground; (v) a fighting
21 pit, which means a walled area, or otherwise defined area, designed to
22 contain an animal fight; and (vi) any other instrument commonly used in
23 the furtherance of pitting an animal against another animal.
24 § 280.05 Promoting animal fighting in the second degree.
25 A person is guilty of promoting animal fighting in the second degree
26 when such person:
27 1. Owns, possesses, or keeps any animal under any circumstance evincing
28 an intent that such animal engage in animal fighting; or
29 2. Pays an admission fee, makes a wager, or is otherwise present at
30 any place where an exhibition of animal fighting is being conducted, and
31 such person has knowledge that such an exhibition is being conducted.
32 3. Owns, possesses, sells, transfers or manufactures animal fighting
33 paraphernalia under any circumstance evincing an intent that such
34 paraphernalia be used to engage in or otherwise promote or facilitate
35 animal fighting.
36 Promoting animal fighting in the second degree is a class A misdemea-
37 nor.
38 § 280.10 Promoting animal fighting in the first degree.
39 A person is guilty of promoting animal fighting in the first degree
40 when such person:
41 1. Intentionally causes an animal to engage in animal fighting; or
42 2. Trains an animal under circumstances evincing an intent that such
43 animal engage in animal fighting; or
44 3. Breeds, transfers, sells or offers for sale an animal under circum-
45 stances evincing an intent that such animal engage in animal fighting;
46 or
47 4. Permits any act described in subdivision one, two or three of this
48 section to occur on premises under his or her control; or
49 5. Owns, possesses or keeps any animal on premises where an exhibition
50 of animal fighting is being conducted under circumstances evincing an
51 intent that such animal engage in animal fighting.
52 Promoting animal fighting in the first degree is a class D felony.
53 § 280.20 Animal cruelty in the second degree.
54 A person is guilty of animal cruelty in the second degree when:
55 1. Having ownership, possession, care, control, charge or custody of
56 an animal, he or she deprives such animal of, or neglects to furnish
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1 such animal with, nutrition, hydration, veterinary care, or shelter
2 adequate to maintain the animal's health and comfort, or causes,
3 procures, or permits such animal to be deprived of nutrition, hydration,
4 veterinary care, or shelter adequate to maintain the animal's health and
5 comfort, and he or she knows or reasonably should know that such animal
6 is not receiving adequate nutrition, hydration, veterinary care or shel-
7 ter; or
8 2. Having ownership, possession, care, control, charge or custody of
9 an animal, he or she abandons such animal; or
10 3. Having no justifiable purpose, he or she knowingly instigates,
11 engages in, or in any way furthers cruelty to an animal, or any act
12 tending to produce such cruelty; or
13 4. Having no justifiable purpose, he or she administers or exposes any
14 poisonous or noxious drug or substance to an animal, with intent that
15 the animal take the same and with intent to injure the animal.
16 Nothing contained in this section shall be construed to prohibit or
17 interfere in any way with anyone lawfully engaged in hunting, trapping,
18 or fishing, as provided in article eleven of the environmental conserva-
19 tion law, the dispatch of rabid or diseased animals, as provided in
20 article twenty-one of the public health law, or the dispatch of animals
21 posing a threat to human safety or other animals, where such action is
22 otherwise legally authorized. Nothing herein contained shall be
23 construed to prohibit or interfere with any properly conducted scientif-
24 ic tests, experiments, or investigations involving the use of living
25 animals, performed or conducted in laboratories or institutions, which
26 are approved for these purposes by the commissioner of health. The
27 commissioner of health shall prescribe the rules under which such
28 approvals shall be granted, including therein standards regarding the
29 care and treatment of any such animals. Such rules shall be published
30 and copies thereof conspicuously posted in each such laboratory or
31 institution. The state commissioner of health or his or her duly author-
32 ized representative shall have the power to inspect such laboratories or
33 institutions to insure compliance with such rules and standards. Each
34 such approval may be revoked at any time for failure to comply with such
35 rules and in any case the approval shall be limited to a period not
36 exceeding one year.
37 Animal cruelty in the second degree is a class A misdemeanor.
38 § 280.25 Animal cruelty in the first degree.
39 A person is guilty of animal cruelty in the first degree when:
40 1. Having no justifiable purpose and with intent to cause the death of
41 a companion animal, he or she causes the death of such animal; or
42 2. Having no justifiable purpose and with intent to cause serious
43 physical injury to a companion animal, he or she causes such injury to
44 such animal; or
45 3. Having no justifiable purpose, he or she intentionally tortures an
46 animal or knowingly instigates, engages in, or in any way furthers
47 aggravated cruelty to an animal, or any act tending to produce such
48 aggravated cruelty; or
49 4. Commits the crime of animal cruelty in the second degree in
50 violation of subdivision four of section 280.20 of this article and such
51 animal is a horse, mule, or domestic cattle; or
52 5. Commits the crime of animal cruelty in the second degree in
53 violation of section 280.20 of this article and has previously been
54 convicted, within the preceding ten years, of animal cruelty in the
55 second degree.
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1 Nothing contained in this section shall be construed to prohibit or
2 interfere in any way with anyone lawfully engaged in hunting, trapping,
3 or fishing, as provided in article eleven of the environmental conserva-
4 tion law, the dispatch of rabid or diseased animals, as provided in
5 article twenty-one of the public health law, or the dispatch of animals
6 posing a threat to human safety or other animals, where such action is
7 otherwise legally authorized, or any properly conducted scientific
8 tests, experiments, or investigations involving the use of living
9 animals, performed or conducted in laboratories or institutions approved
10 for such purposes by the commissioner of health pursuant to section
11 280.20 of this article.
12 Animal cruelty in the first degree is a class D felony.
13 § 280.30 Unlawful dealing with animals used for racing, breeding, or
14 competitive exhibition of skill, breed or stamina.
15 A person is guilty of unlawful dealing with animals used for racing,
16 breeding, or competitive exhibition of skill, breed, or stamina when
17 such person:
18 1. Commits the crime of animal cruelty in the second degree in
19 violation of section 280.20 of this article, and such animal is an
20 animal used for the purposes of racing, breeding or competitive exhibi-
21 tion of skill, breed, or stamina; or
22 2. Having no justifiable purpose, he or she tampers with an animal
23 used for the purposes of racing, breeding, or competitive exhibition of
24 skill, breed, or stamina, or otherwise interferes with such an animal
25 during a race or competitive exhibition of skill, breed, or stamina.
26 Unlawful dealing with animals used for racing, breeding or competitive
27 exhibition of skill, breed or stamina is a class E felony.
28 § 280.35 Endangering the welfare of animals.
29 A person is guilty of endangering the welfare of animals when, with
30 the intent to cause injury to an animal, or recklessly creating a risk
31 thereof, such person:
32 1. Creates a hazardous or physically offensive condition for any
33 animal by any act that serves no legitimate purpose; or
34 2. Throws, drops or places, or causes to be thrown, dropped or placed
35 in a public place, a substance that might wound, disable, or injure any
36 animal.
37 Endangering the welfare of animals is a violation.
38 § 280.40 Animal abduction in the third degree.
39 A person is guilty of animal abduction in the third degree when such
40 person restrains a companion animal without the consent of the individ-
41 ual having ownership, possession, care, control, charge or custody over
42 said companion animal.
43 Animal abduction in the third degree is a class B misdemeanor.
44 § 280.45 Animal abduction in the second degree.
45 A person is guilty of animal abduction in the second degree when such
46 person abducts a companion animal without the consent of the individual
47 having ownership, possession, care, control, charge or custody over said
48 companion animal.
49 Animal abduction in the second degree is a class A misdemeanor.
50 § 280.50 Animal abduction in the first degree.
51 A person is guilty of animal abduction in the first degree when such
52 person abducts or restrains a companion animal without the consent of
53 the individual having ownership, possession, care, control, charge or
54 custody over said companion animal, and when:
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1 1. Such person's intent is to compel the payment or deliverance of
2 money or property as ransom, or to engage in other particular conduct,
3 or to refrain from engaging in particular conduct; or
4 2. Such person causes physical injury to the companion animal; or
5 3. The companion animal dies during the abduction or before it is able
6 to return or be returned to safety. Such death shall be presumed from
7 evidence that the individual having ownership, possession, care,
8 control, charge or custody over said companion animal did not see the
9 animal following the termination of the abduction and prior to trial and
10 received no reliable information during such period persuasively indi-
11 cating that such animal was alive.
12 Animal abduction in the first degree is a class D felony.
13 § 280.55 Unauthorized possession of animal presumptive evidence of
14 restraint and abduction.
15 The unauthorized possession of a companion animal by any person with-
16 out the consent of the individual having ownership, possession, care,
17 control, charge or custody over said companion animal, for a period
18 exceeding ten days, without notifying either said individual, the local
19 police authorities, the local municipal shelter or pound or the office
20 of the superintendent of the state police located in Albany, New York,
21 of such possession, shall be presumptive evidence of restraint and
22 abduction.
23 § 280.60 Appropriate shelter for dogs left outdoors.
24 1. For purposes of this section:
25 (a) "Physical condition" shall include any special medical needs of a
26 dog due to disease, illness, injury, age or breed about which the owner
27 or person with custody or control of the dog should reasonably be aware.
28 (b) "Inclement weather" shall mean weather conditions that are likely
29 to adversely affect the health or safety of the dog, including but not
30 limited to rain, sleet, ice, snow, wind, or extreme heat and cold.
31 (c) "Dogs that are left outdoors" shall mean dogs that are outdoors in
32 inclement weather without ready access to, or the ability to enter, a
33 house, apartment building, office building, or any other permanent
34 structure that complies with the standards enumerated in paragraph (b)
35 of subdivision three of this section.
36 2. (a) Any person who owns or has custody or control of a dog that is
37 left outdoors shall provide it with shelter appropriate to its breed,
38 physical condition and climate. Any person who knowingly violates the
39 provisions of this section shall be guilty of a violation, punishable by
40 a fine of not less than fifty dollars nor more than one hundred dollars
41 for a first offense, and a fine of not less than one hundred dollars nor
42 more than two hundred fifty dollars for a second and subsequent offense.
43 Beginning seventy-two hours after a charge of violating this section,
44 each day that a defendant fails to correct the deficiencies in the dog
45 shelter for a dog that he or she owns or that is in his or her custody
46 or control and that is left outdoors, so as to bring it into compliance
47 with the provisions of this section shall constitute a separate offense.
48 (b) The court may, in its discretion, reduce the amount of any fine
49 imposed for a violation of this section by the amount which the defend-
50 ant proves he or she has spent providing a dog shelter or repairing an
51 existing dog shelter so that it complies with the requirements of this
52 section. Nothing in this paragraph shall prevent the seizure of a dog
53 for a violation of this section pursuant to the authority granted in
54 this article.
55 3. Minimum standards for determining whether shelter is appropriate to
56 a dog's breed, physical condition and the climate shall include:
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1 (a) For dogs that are restrained in any manner outdoors, shade by
2 natural or artificial means to protect the dog from direct sunlight at
3 all times when exposure to sunlight is likely to threaten the health of
4 the dog.
5 (b) For all dogs that are left outdoors in inclement weather, a hous-
6 ing facility, which must: (1) have a waterproof roof; (2) be struc-
7 turally sound with insulation appropriate to local climatic conditions
8 and sufficient to protect the dog from inclement weather; (3) be
9 constructed to allow each dog adequate freedom of movement to make
10 normal postural adjustments, including the ability to stand up, turn
11 around and lie down with its limbs outstretched; and (4) allow for
12 effective removal of excretions, other waste material, dirt and trash.
13 The housing facility and the area immediately surrounding it shall be
14 regularly cleaned to maintain a healthy and sanitary environment and to
15 minimize health hazards.
16 4. Inadequate shelter may be indicated by the appearance of the hous-
17 ing facility itself, including but not limited to, size, structural
18 soundness, evidence of crowding within the housing facility, healthful
19 environment in the area immediately surrounding such facility, or by the
20 appearance or physical condition of the dog.
21 5. Upon a finding of any violation of this section, any dog or dogs
22 seized pursuant to the provisions of this article that have not been
23 voluntarily surrendered by the owner or custodian or forfeited pursuant
24 to court order shall be returned to the owner or custodian only upon
25 proof that appropriate shelter as required by this section is being
26 provided.
27 6. Nothing in this section shall be construed to affect any
28 protections afforded to dogs or other animals under any other provisions
29 of this article.
30 Failure to provide appropriate shelter for dogs left outdoors is a
31 violation.
32 § 280.65 Confinement of companion animals in vehicles; extreme temper-
33 atures.
34 1. A person shall not confine a companion animal in a motor vehicle in
35 extreme heat or cold without proper ventilation or other protection from
36 such extreme temperatures where such confinement places the companion
37 animal in imminent danger of death or serious physical injury due to
38 exposure to such extreme heat or cold.
39 2. Where the operator of such a vehicle cannot be promptly located, a
40 police officer, peace officer, or peace officer acting as an agent of a
41 duly incorporated humane society may take necessary steps to remove the
42 animal or animals from the vehicle.
43 3. Police officers, peace officers or peace officers acting as agents
44 of a duly incorporated humane society removing an animal or animals from
45 a vehicle pursuant to this section shall place a written notice on or in
46 the vehicle, bearing the name of the officer or agent, and the depart-
47 ment or agency and address where the animal or animals will be taken.
48 4. An animal or animals removed from a vehicle pursuant to this
49 section shall, after receipt of any necessary emergency veterinary
50 treatment, be delivered to the duly incorporated humane society or soci-
51 ety for the prevention of cruelty to animals, or designated agent there-
52 of, in the jurisdiction where the animal or animals were seized.
53 5. Any person who knowingly violates the provisions of subdivision one
54 of this section shall be guilty of a violation, punishable by a fine of
55 not less than fifty dollars nor more than one hundred dollars for a
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1 first offense, and a fine of not less than one hundred dollars nor more
2 than two hundred fifty dollars for a second and subsequent offenses.
3 6. Officers shall not be held criminally or civilly liable for actions
4 taken reasonably and in good faith in carrying out the provisions of
5 this section.
6 7. Nothing contained in this section shall be construed to affect any
7 other protections afforded to companion animals under any other
8 provisions of this article.
9 Confinement of companion animals in vehicles; extreme temperatures is
10 a violation.
11 § 280.70 Leaving New York state to avoid provisions of this article.
12 A person who leaves this state with intent to elude any of the
13 provisions of this article or to commit any act out of this state which
14 is prohibited by them or who, being a resident of this state, does any
15 act without this state, pursuant to such intent, which would be punisha-
16 ble under such provisions, if committed within this state, is punishable
17 in the same manner as if such act had been committed within this state.
18 § 280.75 Evidentiary and impoundment procedures by members of law
19 enforcement.
20 Matters relating to the seizure, adoption, care, disposition and
21 destruction of animals by members of law enforcement and members of a
22 duly incorporated society for the prevention of cruelty to animals
23 charged to enforce this article, ancillary to such enforcement of this
24 article, shall be governed by article twenty-six of the agriculture and
25 markets law and article six hundred ninety of the criminal procedure
26 law.
27 § 280.80 Special sentencing provisions applicable.
28 In addition to any other penalty provided by law, the sentencing
29 provisions contained in section three hundred eighty-two of the agricul-
30 ture and markets law shall be applicable to violations of this article.
31 § 10. The penal law is amended by adding a new section 60.22 to read
32 as follows:
33 § 60.22 Authorized dispositions; promoting animal fighting.
34 When a person is convicted of an offense defined in section 280.05 of
35 this chapter, in addition to the other penalties as provided in this
36 chapter, the court may impose a fine which shall not exceed fifteen
37 thousand dollars. When a person is convicted of an offense defined in
38 section 280.10 of this chapter, the court may impose a fine which shall
39 not exceed twenty-five thousand dollars.
40 § 11. Paragraph (c) of subdivision 1 of section 70.02 of the penal
41 law, as amended by chapter 368 of the laws of 2015, is amended to read
42 as follows:
43 (c) Class D violent felony offenses: an attempt to commit any of the
44 class C felonies set forth in paragraph (b); reckless assault of a child
45 as defined in section 120.02, assault in the second degree as defined in
46 section 120.05, menacing a police officer or peace officer as defined in
47 section 120.18, stalking in the first degree, as defined in subdivision
48 one of section 120.60, strangulation in the second degree as defined in
49 section 121.12, rape in the second degree as defined in section 130.30,
50 criminal sexual act in the second degree as defined in section 130.45,
51 sexual abuse in the first degree as defined in section 130.65, course of
52 sexual conduct against a child in the second degree as defined in
53 section 130.80, aggravated sexual abuse in the third degree as defined
54 in section 130.66, facilitating a sex offense with a controlled
55 substance as defined in section 130.90, labor trafficking as defined in
56 paragraphs (a) and (b) of subdivision three of section 135.35, criminal
A. 653--A 14
1 possession of a weapon in the third degree as defined in subdivision
2 five, six, seven, eight, nine or ten of section 265.02, criminal sale of
3 a firearm in the third degree as defined in section 265.11, intimidating
4 a victim or witness in the second degree as defined in section 215.16,
5 soliciting or providing support for an act of terrorism in the second
6 degree as defined in section 490.10, and making a terroristic threat as
7 defined in section 490.20, falsely reporting an incident in the first
8 degree as defined in section 240.60, placing a false bomb or hazardous
9 substance in the first degree as defined in section 240.62, placing a
10 false bomb or hazardous substance in a sports stadium or arena, mass
11 transportation facility or enclosed shopping mall as defined in section
12 240.63, [and] aggravated unpermitted use of indoor pyrotechnics in the
13 first degree as defined in section 405.18, and animal cruelty in the
14 first degree as defined in subdivision one, two or three of section
15 280.25.
16 § 12. Section 195.06 of the penal law, as added by chapter 42 of the
17 laws of 1986, is amended to read as follows:
18 § 195.06 Killing or injuring a police animal.
19 A person is guilty of killing or injuring a police animal when such
20 person intentionally kills or injures any animal while such animal is in
21 the performance of its duties and under the supervision of a police or
22 peace officer.
23 Killing or injuring a police animal is a class [A misdemeanor] D felo-
24 ny.
25 § 13. Section 195.11 of the penal law, as added by chapter 344 of the
26 laws of 1989, is amended to read as follows:
27 § 195.11 Harming an animal trained to aid a person with a disability in
28 the second degree.
29 A person is guilty of harming an animal trained to aid a person with a
30 disability in the second degree when such person intentionally causes
31 physical injury to such animal while it is in the performance of aiding
32 a person with a disability, and thereby renders such animal incapable of
33 providing such aid to such person, or to another person with a disabili-
34 ty.
35 For purposes of this section and section 195.12 of this article, the
36 term "disability" means "disability" as defined in subdivision twenty-
37 one of section two hundred ninety-two of the executive law.
38 Harming an animal trained to aid a person with a disability in the
39 second degree is a class [B] A misdemeanor.
40 § 14. Section 195.12 of the penal law, as added by chapter 344 of the
41 laws of 1989, is amended to read as follows:
42 § 195.12 Harming an animal trained to aid a person with a disability in
43 the first degree.
44 A person is guilty of harming an animal trained to aid a person with a
45 disability in the first degree when such person:
46 1. intentionally causes physical injury to such animal while it is in
47 the performance of aiding a person with a disability, and thereby
48 renders such animal permanently incapable of providing such aid to such
49 person, or to another person with a disability; or
50 2. intentionally kills such animal while it is in the performance of
51 aiding a person with a disability.
52 Harming an animal trained to aid a person with a disability in the
53 first degree is a class [A misdemeanor] D felony.
54 § 15. Subdivision 2 of section 265.01 of the penal law, as amended by
55 chapter 269 of the laws of 2016, is amended to read as follows:
A. 653--A 15
1 (2) He or she possesses any dagger, dangerous knife, dirk, machete,
2 razor, stiletto, imitation pistol, or any other dangerous or deadly
3 instrument or weapon with intent to use the same unlawfully against
4 another person or an animal; or
5 § 16. Severability clause. If any clause, sentence, paragraph, subdi-
6 vision, section or part of this act shall be adjudged by any court of
7 competent jurisdiction to be invalid, such judgment shall not affect,
8 impair, or invalidate the remainder thereof, but shall be confined in
9 its operation to the clause, sentence, paragraph, subdivision, section
10 or part thereof directly involved in the controversy in which such judg-
11 ment shall have been rendered. It is hereby declared to be the intent of
12 the legislature that this act would have been enacted even if such
13 invalid provisions had not been included herein.
14 § 17. This act shall take effect on the first of November next
15 succeeding the date on which it shall have become a law.