Bill Text: NY A02836 | 2011-2012 | General Assembly | Introduced

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Bill Title: Relates to knowingly possessing or harboring a hostile dog which without justification attacks a person and causes serious physical injury or death or is not lawfully licensed, currently vaccinated for rabies and has a valid official identification tag affixed to its collar and cannot be restrained from chasing, worrying or attacking any person under the age of 16 in a manner capable of causing serious injury.

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Introduced - Dead) 2012-01-04 - referred to codes [A02836 Detail]

Download: New_York-2011-A02836-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2836
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 20, 2011
                                      ___________
       Introduced  by M. of A. MORELLE, PHEFFER, ORTIZ -- Multi-Sponsored by --
         M. of A. COOK, CYMBROWITZ, GALEF,  HIKIND,  HOOPER,  HOYT,  MAYERSOHN,
         McENENY, MILLMAN, SCHIMMINGER, WEISENBERG -- read once and referred to
         the Committee on Codes
       AN  ACT  to  amend the penal law, in relation to knowingly possessing or
         harboring a hostile dog
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 265.01 of the penal law is amended by adding a new
    2  subdivision 9 to read as follows:
    3    (9) HE OR SHE KNOWINGLY POSSESSES OR HARBORS ANY DOG THAT, BY  TEMPER-
    4  AMENT, NATURE, OR PAST BEHAVIOR, IS INCLINED TO BE HOSTILE AND:
    5    (A)  ATTACKS  A  PERSON,  WITHOUT PROVOCATION, THEREBY CAUSING SERIOUS
    6  PHYSICAL INJURY OR DEATH TO SUCH PERSON; OR
    7    (B) (I) IS NOT LICENSED, (II) DOES NOT HAVE A CURRENT VACCINATION  FOR
    8  RABIES,  (III)  DOES  NOT  HAVE  A  VALID IDENTIFICATION TAG PURSUANT TO
    9  SECTION ONE HUNDRED TWELVE OF THE AGRICULTURE AND MARKETS LAW, AND  (IV)
   10  CANNOT  BE  RESTRAINED  FROM  CHASING, WORRYING, OR ATTACKING ANY PERSON
   11  UNDER THE AGE OF SIXTEEN; OR
   12    (C) HE OR SHE HAS REFUSED TO SURRENDER THE DOG AS REQUIRED BY A  JUDI-
   13  CIAL  ORDER  ISSUED  PURSUANT  TO  SECTION ONE HUNDRED TWENTY-ONE OF THE
   14  AGRICULTURE AND MARKETS LAW; OR
   15    (D) HE OR SHE USES THE DOG IN THE COMMISSION OF A CRIME.
   16    S 2. This act shall take effect on the first of November next succeed-
   17  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05710-01-1