Bill Text: NY A05148 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to attacks on service dogs; provides for a penalty of $1000 for the attack on a service dog or user of such service dog and a fine of $2000 for an attack on both dog and user; also provides that if the attacking dog has previously been found to be a dangerous dog, then such fines shall be $2000 and $4000 respectively, and such may also be punishable with 90 days imprisonment.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2018-06-06 - held for consideration in agriculture [A05148 Detail]
Download: New_York-2017-A05148-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5148 2017-2018 Regular Sessions IN ASSEMBLY February 6, 2017 ___________ Introduced by M. of A. McDONOUGH, MALLIOTAKIS -- read once and referred to the Committee on Agriculture AN ACT to amend the agriculture and markets law, in relation to attacks on service dogs and their users The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 121 of the agriculture and markets law is amended 2 by adding two new subdivisions 2-a and 2-b to read as follows: 3 2-a. The owner of a dog who, through any act or omission, negligently 4 permits his or her dog to attack and injure any service dog, guide dog 5 or hearing dog, or to bite and cause serious physical injury to the 6 person using such service dog, guide dog or hearing dog, shall be 7 subject to a civil penalty not to exceed one thousand dollars in addi- 8 tion to any other applicable penalties. If the service dog, guide dog or 9 hearing dog, and the person using such dog are both injured, then the 10 fine applicable under this subdivision shall be increased to two thou- 11 sand dollars. Any such penalty may be reduced by any amount which is 12 paid as restitution by the owner of the dog to the person or persons 13 suffering serious physical injury as compensation for unreimbursed 14 medical expenses, lost earnings and other damages resulting from such 15 injury. 16 2-b. The owner of a dog who, through any act or omission, negligently 17 permits his or her dog, which had previously been determined to be 18 dangerous pursuant to this article, to attack and injure any service 19 dog, guide dog or hearing dog, or to bite and cause serious physical 20 injury to the person using such service dog, guide dog or hearing dog, 21 shall be guilty of a misdemeanor punishable by a fine of not more than 22 two thousand dollars, or by a period of imprisonment not to exceed nine- 23 ty days, or by both such fine and imprisonment in addition to any other 24 applicable penalties. If the service dog, guide dog, or hearing dog, and 25 the person using such dog are both injured, then the fine applicable EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09438-01-7A. 5148 2 1 under this subdivision shall be increased to four thousand dollars. Any 2 such penalty may be reduced by any amount which is paid as restitution 3 by the owner of the dog to the person or persons suffering serious phys- 4 ical injury as compensation for unreimbursed medical expenses, lost 5 earnings and other damages resulting from such injury. 6 § 2. This act shall take effect immediately.