Bill Text: NY A09917 | 2011-2012 | General Assembly | Amended
Bill Title: Relates to promoting understanding, awareness and enforcement of animal crime laws.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2012-05-31 - print number 9917a [A09917 Detail]
Download: New_York-2011-A09917-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
9917--A
I N A S S E M B L Y
April 23, 2012
___________
Introduced by M. of A. ROSENTHAL, LAVINE, SWEENEY -- read once and
referred to the Committee on Agriculture -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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. Subdivisions 2, 3, 4 and 5 of section 350 of the agricul-
2 ture and markets law, subdivision 2 as added by chapter 1047 of the laws
3 of 1965, subdivision 3 as added by chapter 619 of the laws of 1987,
4 subdivision 4 as added by chapter 569 of the laws of 1995, subdivision 5
5 as amended by chapter 118 of the laws of 1999, are amended and three new
6 subdivisions 3, 7 and 8 are added to read as follows:
7 2. ["Torture" or "cruelty"] "CRUELTY" includes every act, omission, or
8 neglect, whereby unjustifiable physical pain, suffering or death is
9 caused or permitted AND SHALL INCLUDE BUT NOT BE LIMITED TO, ANY ACT OF
10 OVERDRIVING, OVERLOADING, INJURING, MAIMING, MUTILATING OR KILLING AN
11 ANIMAL.
12 3. "TORTURE" MEANS CONDUCT THAT IS INTENDED TO CAUSE EXTREME PHYSICAL
13 PAIN.
14 [3] 4. "Adoption" means the delivery [to any natural person eighteen
15 years of age or older, for the limited purpose of harboring a pet,] TO
16 ANY NATURAL PERSON EIGHTEEN YEARS OF AGE OR OLDER, FOR THE LIMITED
17 PURPOSE OF HARBORING of any dog or cat, seized or surrendered.
18 [4] 5. "Farm animal", as used in this article, means any ungulate,
19 poultry, species of cattle, sheep, swine, goats, llamas, horses or fur-
20 bearing animals, as defined in section 11-1907 of the environmental
21 conservation law, which are raised for commercial or subsistence
22 purposes. Fur-bearing animal, AS REFERENCED IN THIS ARTICLE, shall not
23 include dogs or cats.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14859-13-2
A. 9917--A 2
1 [5] 6. "Companion animal" or "pet" means any dog or cat, and shall
2 also mean any other domesticated animal normally maintained in or near
3 the household of the owner or person who cares for such other domesti-
4 cated animal. ["Pet" or "companion] "COMPANION animal" OR "PET" shall
5 not include a "farm animal" as defined in this section.
6 7. "ANIMAL CRUELTY OFFENSE" MEANS ANY VIOLATION OF THIS ARTICLE OR OF
7 ARTICLE TWO HUNDRED EIGHTY OF THE PENAL LAW, OR ANY OTHER UNLAWFUL ACT
8 BY WHICH HARM IS INTENTIONALLY, KNOWINGLY, RECKLESSLY OR NEGLIGENTLY
9 CAUSED OR PERMITTED TO OCCUR TO AN ANIMAL.
10 8. "DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO
11 ANIMALS," AS USED IN THIS ARTICLE, SHALL MEAN A CORPORATION CONSTITUTED
12 PURSUANT TO THE PROVISIONS OF SUBDIVISION (G) OF SECTION FOUR HUNDRED
13 FOUR AND SECTION ONE THOUSAND FOUR HUNDRED THREE OF THE NOT-FOR-PROFIT
14 CORPORATION LAW.
15 S 2. Sections 351, 353, 353-a, 353-b, 353-d, 355, 360, 361 and 362 of
16 the agriculture and markets law are REPEALED.
17 S 3. Section 365 of the agriculture and markets law, as amended by
18 chapter 458 of the laws of 1985, is amended to read as follows:
19 S 365. Clipping or cutting the ears of dogs. 1. Whoever clips or cuts
20 off or causes or procures another to clip or cut off the whole or any
21 part of an ear of any dog unless an anaesthetic shall have been given to
22 the dog and the operation performed by a licensed veterinarian, is guil-
23 ty of a misdemeanor, punishable by imprisonment for not more than one
24 year, or a fine of not more than one thousand dollars, or by both.
25 2. [The provisions of this section shall not apply to any dog or
26 person who is the owner or possessor of any dog whose ear or a part
27 thereof has been clipped or cut off prior to September first, nineteen
28 hundred twenty-nine.
29 3.] Each applicant for a dog license must state on such application
30 whether any ear of the dog for which he applies for such license has
31 been cut off wholly or in part.
32 [4.] 3. Nothing herein contained shall be construed as preventing any
33 dog whose ear or ears shall have been clipped or cut off wholly or in
34 part, not in violation of this section, from being imported into the
35 state exclusively for breeding purposes.
36 S 4. Section 369 of the agriculture and markets law, as amended by
37 chapter 458 of the laws of 1985, is amended to read as follows:
38 S 369. Interference with officers. Any person who shall interfere with
39 or obstruct any constable or police officer or any officer or agent of
40 any duly incorporated society for the prevention of cruelty to animals
41 in the discharge of his duty to enforce the laws relating to animals,
42 INCLUDING THOSE PROVISIONS CONTAINED IN ARTICLE TWO HUNDRED EIGHTY OF
43 THE PENAL LAW, shall be guilty of a misdemeanor, punishable by imprison-
44 ment for not more than one year, or by a fine of not more than one thou-
45 sand dollars, or by both.
46 S 5. Section 371 of the agriculture and markets law, as amended by
47 chapter 573 of the laws of 1978, is amended to read as follows:
48 S 371. Powers of peace officers. A constable or police officer must,
49 and any agent or officer of any duly incorporated society for the
50 prevention of cruelty to animals may issue an appearance ticket pursuant
51 to section 150.20 of the criminal procedure law, summon or arrest, and
52 bring before a court or magistrate having jurisdiction, any person
53 offending against any of the provisions of article twenty-six of the
54 agriculture and markets law OR ANY PROVISIONS OF ARTICLE TWO HUNDRED
55 EIGHTY OF THE PENAL LAW. Any officer or agent of any of said societies
56 may lawfully interfere to prevent the perpetration of any act of cruelty
A. 9917--A 3
1 upon any animal in his presence. Any of said societies may prefer a
2 complaint before any court, tribunal or magistrate having jurisdiction,
3 for the violation of any law relating to or affecting animals and may
4 aid in presenting the law and facts before such court, tribunal or
5 magistrate in any proceeding taken.
6 S 6. Subdivision 6 of section 373 of the agriculture and markets law,
7 as amended by chapter 256 of the laws of 1997, paragraph a as amended by
8 chapter 586 of the laws of 2008, subparagraph 2 of paragraph b as
9 amended by section 24 of part T of chapter 59 of the laws of 2010, is
10 amended to read as follows:
11 6. a. If any animal is seized [and] OR impounded pursuant to the
12 provisions of this section, [section three hundred fifty-three-d of this
13 article] or section three hundred seventy-five of this article, OR
14 PURSUANT TO THE PROVISIONS OF ARTICLE SIX HUNDRED NINETY OF THE CRIMINAL
15 PROCEDURE LAW, for any violation of this article, ANY VIOLATION OF ARTI-
16 CLE TWO HUNDRED EIGHTY OF THE PENAL LAW, OR IN CONNECTION WITH THE
17 ARREST ON AN ANIMAL CRUELTY OFFENSE, THEN, upon arraignment of charges
18 [the], A duly incorporated society for the prevention of cruelty to
19 animals, humane society, pound, animal shelter, SHERIFF, MUNICIPAL
20 POLICE DEPARTMENT, OR DISTRICT ATTORNEY, or any authorized agents there-
21 of, hereinafter referred to for the purposes of this section as the
22 "impounding organization", may file a petition with the court requesting
23 that the person from whom an animal is seized or the owner of the animal
24 be ordered to post a security. The security shall be in an amount suffi-
25 cient to secure payment for all reasonable expenses expected to be
26 incurred by the impounding organization in caring and providing for the
27 animal pending disposition of the charges. Reasonable expenses shall
28 include, but not be limited to, estimated medical care and boarding of
29 the animal for at least thirty days. The amount of the security, if any,
30 shall be determined by the court after taking into consideration all of
31 the facts and circumstances of the case including, but not limited to
32 the recommendation of the impounding organization having custody and
33 care of the seized animal and the cost of caring for the animal. If a
34 security has been posted in accordance with this section, the impounding
35 organization may draw from the security the actual reasonable costs to
36 be incurred by such organization in caring for the seized animal.
37 b. (1) Upon receipt of a petition pursuant to paragraph a of this
38 subdivision the court shall set a hearing on the petition to be
39 conducted within ten business days of the filing of such petition. The
40 petitioner shall serve a true copy of the petition upon the defendant
41 and the district attorney. The petitioner shall also serve a true copy
42 of the petition on any interested person. For purposes of this subdivi-
43 sion, interested person shall mean an individual, partnership, firm,
44 joint stock company, corporation, association, trust, estate or other
45 legal entity who the court determines may have a pecuniary interest in
46 the animal which is the subject of the petition. The petitioner shall
47 have the burden of proving by a preponderance of the evidence that the
48 person from whom the animal was seized violated a provision of this
49 article. The court may waive for good cause shown the posting of securi-
50 ty.
51 (2) If the court orders the posting of a security, the security shall
52 be posted with the clerk of the court within five business days of the
53 hearing provided for in subparagraph one of this paragraph. The court
54 may order the immediate forfeiture of the seized animal to the impound-
55 ing organization if the person ordered to post the security fails to do
56 so. Any animal forfeited shall be made available for adoption or euthan-
A. 9917--A 4
1 ized subject to subdivision seven-a of section one hundred seventeen of
2 this chapter or section three hundred seventy-four of this article.
3 (3) In the case of an animal other than a companion animal or pet, if
4 a person ordered to post security fails to do so, the court may, in
5 addition to the forfeiture to [a duly incorporated society for the
6 prevention of cruelty to animals, humane society, pound, animal shelter
7 or any authorized agents thereof] THE IMPOUNDING ORGANIZATION, and
8 subject to the restrictions of sections three hundred fifty-four, three
9 hundred fifty-seven and three hundred seventy-four of this article,
10 order the animal which was the basis of the order to be sold, provided
11 that all interested persons shall first be provided the opportunity to
12 redeem their interest in the animal and to purchase the interest of the
13 person ordered to post security, subject to such conditions as the court
14 deems appropriate to assure proper care and treatment of the animal. The
15 court may reimburse the person ordered to post security and any inter-
16 ested persons any money earned by the sale of the animal less any costs
17 including, but not limited to, veterinary and custodial care. Any animal
18 determined by the court to be maimed, diseased, disabled or infirm so as
19 to be unfit for sale or any useful purpose shall be forfeited to [a duly
20 incorporated society for the prevention of cruelty to animals or a duly
21 incorporated humane society] THE IMPOUNDING ORGANIZATION or authorized
22 agents thereof, and be available for adoption or shall be euthanized
23 subject to section three hundred seventy-four of this article.
24 (4) Nothing in this section shall be construed to limit or restrict in
25 any way the rights of a secured party having a security interest in any
26 animal described in this section. This section expressly does not impair
27 or subordinate the rights of such a secured lender having a security
28 interest in the animal or in the proceeds from the sale of such animal.
29 c. In no event shall the security prevent the impounding organization
30 having custody and care of the animal from disposing of the animal
31 pursuant to section three hundred seventy-four of this article prior to
32 the expiration of the thirty day period covered by the security if the
33 court makes a determination of the charges against the person from whom
34 the animal was seized prior thereto. Upon receipt of a petition from the
35 impounding organization, the court may order the person from whom the
36 animal was seized or the owner of the animal to post an additional secu-
37 rity with the clerk of the court to secure payment of reasonable
38 expenses for an additional period of time pending a determination by the
39 court of the charges against the person from whom the animal was seized.
40 The person who posted the security shall be entitled to a refund of the
41 security in whole or part for any expenses not incurred by such impound-
42 ing organization upon adjudication of the charges. The person who posted
43 the security shall be entitled to a full refund of the security, includ-
44 ing reimbursement by the impounding organization of any amount allowed
45 by the court to be expended, and the return of the animal seized and
46 impounded upon acquittal or dismissal of the charges, except where the
47 dismissal is based upon an adjournment in contemplation of dismissal
48 pursuant to section 215.30 of the criminal procedure law. The court
49 order directing such refund and reimbursement shall provide for payment
50 to be made within a reasonable time from the acquittal or dismissal of
51 charges.
52 S 7. Subdivision 8 of section 374 of the agriculture and markets law
53 is REPEALED.
54 S 8. The agriculture and markets law is amended by adding a new
55 section 380 to read as follows:
A. 9917--A 5
1 S 380. SPECIAL SENTENCING PROVISIONS. IN ADDITION TO ANY OTHER PENAL-
2 TY PROVIDED BY LAW, A COURT MAY IMPOSE THE FOLLOWING SENTENCES UPON A
3 CONVICTION FOR ANY ANIMAL CRUELTY OFFENSE:
4 1. THE CONVICTED PERSON MAY, AFTER A DULY HELD HEARING PURSUANT TO
5 SUBDIVISION SIX OF THIS SECTION, BE ORDERED BY THE COURT TO FORFEIT, TO
6 AN ANIMAL SHELTER, POUND, SHERIFF, MUNICIPAL POLICE DEPARTMENT, DISTRICT
7 ATTORNEY, A DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO
8 ANIMALS OR A DULY INCORPORATED HUMANE SOCIETY OR AUTHORIZED AGENTS THER-
9 EOF, THE ANIMAL OR ANIMALS WHICH ARE THE BASIS OF THE CONVICTION. UPON
10 SUCH AN ORDER OF FORFEITURE, THE CONVICTED PERSON SHALL BE DEEMED TO
11 HAVE RELINQUISHED ALL RIGHTS TO THE ANIMALS WHICH ARE THE BASIS OF THE
12 CONVICTION, EXCEPT THOSE GRANTED IN SUBDIVISION TWO OF THIS SECTION.
13 2. IN THE CASE OF FARM ANIMALS, THE COURT MAY, IN ADDITION TO THE
14 FORFEITURE TO AN ANIMAL SHELTER, POUND, SHERIFF, MUNICIPAL POLICE
15 DEPARTMENT, DISTRICT ATTORNEY, A DULY INCORPORATED SOCIETY FOR THE
16 PREVENTION OF CRUELTY TO ANIMALS OR A DULY INCORPORATED HUMANE SOCIETY
17 OR AUTHORIZED AGENTS THEREOF, AND SUBJECT TO THE RESTRICTIONS OF
18 SECTIONS THREE HUNDRED FIFTY-FOUR AND THREE HUNDRED FIFTY-SEVEN OF THIS
19 ARTICLE, ORDER THE FARM ANIMALS WHICH WERE THE BASIS OF THE CONVICTION
20 TO BE SOLD. IN NO CASE SHALL FARM ANIMALS WHICH ARE THE BASIS OF THE
21 CONVICTION BE REDEEMED BY THE CONVICTED PERSON WHO IS THE SUBJECT OF THE
22 ORDER OF FORFEITURE OR BY ANY PERSON CHARGED WITH AN ANIMAL CRUELTY
23 OFFENSE FOR CONSPIRING, AIDING OR ABETTING IN THE UNLAWFUL ACT WHICH WAS
24 THE BASIS OF THE CONVICTION, OR OTHERWISE ACTING AS AN ACCOMPLICE IF
25 SUCH CHARGE HAS NOT YET BEEN ADJUDICATED. THE COURT SHALL REIMBURSE THE
26 CONVICTED PERSON AND ANY DULY DETERMINED INTERESTED PERSONS, PURSUANT TO
27 SUBDIVISION SIX OF THIS SECTION, ANY MONEY EARNED BY THE SALE OF THE
28 FARM ANIMALS LESS ANY COSTS INCLUDING, BUT NOT LIMITED TO, VETERINARY
29 AND CUSTODIAL CARE, AND ANY FINES OR PENALTIES IMPOSED BY THE COURT. THE
30 COURT MAY ORDER THAT THE SUBJECT ANIMALS BE PROVIDED WITH APPROPRIATE
31 CARE AND TREATMENT PENDING THE HEARING AND THE DISPOSITION OF THE CHARG-
32 ES. ANY FARM ANIMAL ORDERED FORFEITED BUT NOT SOLD SHALL BE REMANDED TO
33 THE CUSTODY AND CHARGE OF AN ANIMAL SHELTER, POUND, SHERIFF, MUNICIPAL
34 POLICE DEPARTMENT, DISTRICT ATTORNEY, A DULY INCORPORATED SOCIETY FOR
35 THE PREVENTION OF CRUELTY TO ANIMALS OR DULY INCORPORATED HUMANE SOCIETY
36 OR ITS AUTHORIZED AGENT THEREOF AND DISPOSED OF PURSUANT TO SUBDIVISION
37 FIVE OF THIS SECTION.
38 3. THE COURT MAY ORDER THAT THE CONVICTED PERSON SHALL NOT OWN,
39 HARBOR, OR HAVE CUSTODY OR CONTROL OF ANY OTHER ANIMALS, OTHER THAN FARM
40 ANIMALS, FOR A PERIOD OF TIME WHICH THE COURT DEEMS REASONABLE. IN
41 MAKING ITS DETERMINATION OF WHAT PERIOD OF TIME IS REASONABLE, THE COURT
42 SHALL TAKE INTO ACCOUNT THE TOTALITY OF THE CIRCUMSTANCES BEFORE IT AND
43 BE BOUND TO NO SINGLE FACTOR. SUCH ORDER MUST BE IN WRITING AND SPECIF-
44 ICALLY STATE THE PERIOD OF TIME IMPOSED.
45 4. NO DOG OR CAT IN THE CUSTODY OF A DULY INCORPORATED SOCIETY FOR
46 THE PREVENTION OF CRUELTY TO ANIMALS, A DULY INCORPORATED HUMANE SOCIETY
47 OR ITS AUTHORIZED AGENTS THEREOF, OR A POUND OR SHELTER, SHALL BE SOLD,
48 TRANSFERRED OR OTHERWISE MADE AVAILABLE TO ANY PERSON FOR THE PURPOSE OF
49 RESEARCH, EXPERIMENTATION OR TESTING. NO AUTHORIZED AGENT OF A DULY
50 INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, NOR OF A
51 DULY INCORPORATED HUMANE SOCIETY, SHALL USE ANY ANIMAL PLACED IN ITS
52 CUSTODY BY THE DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY
53 TO ANIMALS OR DULY INCORPORATED HUMANE SOCIETY FOR THE PURPOSE OF
54 RESEARCH, EXPERIMENTATION OR TESTING.
55 5. AN ANIMAL SHELTER, POUND, SHERIFF, MUNICIPAL POLICE DEPARTMENT,
56 DISTRICT ATTORNEY, A DULY INCORPORATED SOCIETY FOR THE PREVENTION OF
A. 9917--A 6
1 CRUELTY TO ANIMALS OR A DULY INCORPORATED HUMANE SOCIETY IN CHARGE OF
2 ANIMALS FORFEITED PURSUANT TO SUBDIVISION ONE OR TWO OF THIS SECTION
3 MAY, IN ITS DISCRETION, LAWFULLY AND WITHOUT LIABILITY, ADOPT THEM TO
4 INDIVIDUALS OTHER THAN THE CONVICTED PERSON OR PERSON CHARGED WITH AN
5 ANIMAL CRUELTY OFFENSE FOR CONSPIRING, AIDING OR ABETTING IN THE UNLAW-
6 FUL ACT WHICH WAS THE BASIS OF THE CONVICTION, OR OTHERWISE ACTING AS AN
7 ACCOMPLICE IF SUCH CHARGE HAS NOT YET BEEN ADJUDICATED, OR HUMANELY
8 DISPOSE OF THEM SUBJECT TO SECTION THREE HUNDRED SEVENTY-FOUR OF THIS
9 ARTICLE.
10 6. (A) PRIOR TO AN ORDER OF FORFEITURE OF FARM ANIMALS, A HEARING
11 SHALL BE HELD WITHIN THIRTY DAYS OF CONVICTION TO DETERMINE THE PECUNI-
12 ARY INTERESTS OF ANY OTHER PERSON IN THE FARM ANIMALS WHICH WERE THE
13 BASIS OF THE CONVICTION. WRITTEN NOTICE SHALL BE SERVED AT LEAST FIVE
14 DAYS PRIOR TO THE HEARING UPON ALL INTERESTED PERSONS. IN ADDITION,
15 NOTICE SHALL BE MADE BY PUBLICATION IN A LOCAL NEWSPAPER AT LEAST SEVEN
16 DAYS PRIOR TO THE HEARING. FOR THE PURPOSES OF THIS SUBDIVISION, INTER-
17 ESTED PERSONS SHALL MEAN ANY INDIVIDUAL, PARTNERSHIP, FIRM, JOINT STOCK
18 COMPANY, CORPORATION, ASSOCIATION, TRUST, ESTATE, OR OTHER LEGAL ENTITY
19 WHO THE COURT DETERMINES MAY HAVE A PECUNIARY INTEREST IN THE FARM
20 ANIMALS WHICH ARE THE SUBJECT OF THE FORFEITURE ACTION.
21 (B) ALL INTERESTED PERSONS SHALL BE PROVIDED AN OPPORTUNITY AT THE
22 HEARING TO REDEEM THEIR INTEREST AS DETERMINED BY THE COURT IN THE
23 SUBJECT FARM ANIMALS AND TO PURCHASE THE INTEREST OF THE CONVICTED
24 PERSON. THE CONVICTED PERSON SHALL BE ENTITLED TO BE REIMBURSED HIS OR
25 HER INTEREST IN THE FARM ANIMALS, LESS ANY COSTS, FINES OR PENALTIES
26 IMPOSED BY THE COURT, AS SPECIFIED UNDER SUBDIVISION TWO OF THIS
27 SECTION. IN NO CASE SHALL THE COURT AWARD CUSTODY OR CONTROL OF THE
28 ANIMALS TO ANY INTERESTED PERSON WHO CONSPIRED, AIDED OR ABETTED IN THE
29 UNLAWFUL ACT WHICH WAS THE BASIS OF THE CONVICTION, OR WHO KNEW OR
30 SHOULD HAVE KNOWN OF THE UNLAWFUL ACT.
31 7. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT OR RESTRICT IN
32 ANY WAY THE RIGHTS OF A SECURED PARTY HAVING A SECURITY INTEREST IN ANY
33 FARM ANIMAL DESCRIBED IN THIS SECTION. THIS SECTION EXPRESSLY DOES NOT
34 IMPAIR OR SUBORDINATE THE RIGHTS OF SUCH A SECURED LENDER HAVING A SECU-
35 RITY INTEREST IN FARM ANIMALS OR IN THE PROCEEDS FROM THE SALE OF SUCH
36 FARM ANIMALS.
37 S 9. The penal law is amended by adding a new title Q to read as
38 follows:
39 TITLE Q
40 OFFENSES AGAINST ANIMALS
41 ARTICLE 280
42 OFFENSES AGAINST ANIMALS
43 SECTION 280.00 DEFINITIONS.
44 280.05 PROMOTING ANIMAL FIGHTING IN THE SECOND DEGREE.
45 280.10 PROMOTING ANIMAL FIGHTING IN THE FIRST DEGREE.
46 280.20 ANIMAL CRUELTY IN THE SECOND DEGREE.
47 280.25 ANIMAL CRUELTY IN THE FIRST DEGREE.
48 280.30 UNLAWFUL DEALING WITH ANIMALS USED FOR RACING, BREEDING,
49 OR COMPETITIVE EXHIBITION OF SKILL, BREED OR STAMINA.
50 280.35 ENDANGERING THE WELFARE OF ANIMALS.
51 280.40 ANIMAL ABDUCTION IN THE THIRD DEGREE.
52 280.45 ANIMAL ABDUCTION IN THE SECOND DEGREE.
53 280.50 ANIMAL ABDUCTION IN THE FIRST DEGREE.
54 280.55 UNAUTHORIZED POSSESSION OF ANIMAL PRESUMPTIVE EVIDENCE OF
55 RESTRAINT AND ABDUCTION.
56 280.60 APPROPRIATE SHELTER FOR DOGS LEFT OUTDOORS.
A. 9917--A 7
1 280.65 CONFINEMENT OF COMPANION ANIMALS IN VEHICLES; EXTREME
2 TEMPERATURES.
3 280.70 LEAVING NEW YORK STATE TO AVOID PROVISIONS OF THIS ARTI-
4 CLE.
5 280.75 EVIDENTIARY AND IMPOUNDMENT PROCEDURES BY MEMBERS OF LAW
6 ENFORCEMENT.
7 280.80 SPECIAL SENTENCING PROVISIONS APPLICABLE.
8 S 280.00 DEFINITIONS.
9 THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS ARTICLE:
10 1. "ANIMAL" INCLUDES EVERY LIVING CREATURE EXCEPT A HUMAN BEING.
11 2. "CRUELTY" INCLUDES EVERY ACT, OMISSION, OR NEGLECT, WHEREBY UNJUS-
12 TIFIABLE PHYSICAL PAIN, SUFFERING OR DEATH IS CAUSED OR PERMITTED AND
13 SHALL INCLUDE BUT NOT BE LIMITED TO, ANY ACT OF OVERDRIVING, OVERLOAD-
14 ING, INJURING, MAIMING, MUTILATING, OR KILLING AN ANIMAL.
15 3. "AGGRAVATED CRUELTY" SHALL MEAN AN ACT OF CRUELTY THAT IS DONE OR
16 CARRIED OUT IN A DEPRAVED OR SADISTIC MANNER.
17 4. "TORTURE" MEANS CONDUCT THAT IS INTENDED TO CAUSE EXTREME PAIN.
18 5. "ADOPTION" MEANS THE DELIVERY OF ANY ANIMAL, SEIZED OR SURRENDERED,
19 TO ANY NATURAL PERSON EIGHTEEN YEARS OF AGE OR OLDER, FOR THE LIMITED
20 PURPOSE OF HARBORING SUCH ANIMAL AS A PET.
21 6. "FARM ANIMAL" MEANS ANY UNGULATE, POULTRY, SPECIES OF CATTLE,
22 SHEEP, SWINE, GOATS, LLAMAS, HORSES OR FUR-BEARING ANIMALS, AS DEFINED
23 IN SECTION 11-1907 OF THE ENVIRONMENTAL CONSERVATION LAW, WHICH ARE
24 RAISED FOR COMMERCIAL OR SUBSISTENCE PURPOSES. "FUR-BEARING ANIMAL"
25 SHALL NOT INCLUDE DOGS OR CATS.
26 7. "COMPANION ANIMAL" OR "PET" MEANS ANY DOG OR CAT, AND SHALL ALSO
27 MEAN ANY OTHER DOMESTICATED ANIMAL NORMALLY MAINTAINED IN OR NEAR THE
28 HOUSEHOLD OF THE OWNER OR PERSON WHO CARES FOR SUCH OTHER DOMESTICATED
29 ANIMAL. "COMPANION ANIMAL" OR "PET" SHALL NOT INCLUDE A "FARM ANIMAL" AS
30 DEFINED IN THIS SECTION.
31 8. "ANIMAL FIGHTING" SHALL MEAN ANY FIGHT BETWEEN COCKS OR OTHER
32 BIRDS, OR BETWEEN DOGS, BULLS, BEARS OR ANY OTHER ANIMALS, OR BETWEEN
33 ANY SUCH ANIMAL AND A PERSON OR PERSONS, EXCEPT IN EXHIBITIONS OF A KIND
34 COMMONLY FEATURED AT RODEOS.
35 9. "ABANDONS" MEANS ANY ACTION TAKEN THAT REFLECTS WILLFUL DEPARTURE
36 FROM THE OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR CUSTODY OF AN
37 ANIMAL, WITHOUT MAKING ADEQUATE PROVISIONS FOR THE ANIMAL'S FUTURE CARE.
38 10. "RESTRAIN" MEANS TO RESTRICT AN ANIMAL'S MOVEMENTS INTENTIONALLY
39 AND UNLAWFULLY IN SUCH MANNER AS TO INTERFERE SUBSTANTIALLY WITH ITS
40 LIBERTY BY MOVING IT FROM ONE PLACE TO ANOTHER, OR BY CONFINING IT
41 EITHER IN THE PLACE WHERE THE RESTRICTION COMMENCES OR IN A PLACE TO
42 WHICH IT HAS BEEN MOVED, WITH KNOWLEDGE THAT THE RESTRICTION IS UNLAW-
43 FUL.
44 11. "ABDUCT" MEANS TO RESTRAIN AN ANIMAL WITH INTENT TO PREVENT ITS
45 LIBERATION BY SECRETING OR HOLDING IT IN A PLACE WHERE IT IS NOT LIKELY
46 TO BE FOUND.
47 S 280.05 PROMOTING ANIMAL FIGHTING IN THE SECOND DEGREE.
48 A PERSON IS GUILTY OF PROMOTING ANIMAL FIGHTING IN THE SECOND DEGREE
49 WHEN SUCH PERSON:
50 1. OWNS, POSSESSES, OR KEEPS ANY ANIMAL UNDER ANY CIRCUMSTANCE EVINCING
51 AN INTENT THAT SUCH ANIMAL ENGAGE IN ANIMAL FIGHTING; OR
52 2. PAYS AN ADMISSION FEE, MAKES A WAGER, OR IS OTHERWISE PRESENT AT
53 ANY PLACE WHERE AN EXHIBITION OF ANIMAL FIGHTING IS BEING CONDUCTED, AND
54 SUCH PERSON HAS KNOWLEDGE THAT SUCH AN EXHIBITION IS BEING CONDUCTED.
55 PROMOTING ANIMAL FIGHTING IN THE SECOND DEGREE IS A CLASS A MISDEMEA-
56 NOR.
A. 9917--A 8
1 S 280.10 PROMOTING ANIMAL FIGHTING IN THE FIRST DEGREE.
2 A PERSON IS GUILTY OF PROMOTING ANIMAL FIGHTING IN THE FIRST DEGREE
3 WHEN SUCH PERSON:
4 1. INTENTIONALLY CAUSES AN ANIMAL TO ENGAGE IN ANIMAL FIGHTING; OR
5 2. TRAINS AN ANIMAL UNDER CIRCUMSTANCES EVINCING AN INTENT THAT SUCH
6 ANIMAL ENGAGE IN ANIMAL FIGHTING; OR
7 3. BREEDS, TRANSFERS, SELLS OR OFFERS FOR SALE AN ANIMAL UNDER CIRCUM-
8 STANCES EVINCING AN INTENT THAT SUCH ANIMAL ENGAGE IN ANIMAL FIGHTING;
9 OR
10 4. PERMITS ANY ACT DESCRIBED IN SUBDIVISION ONE, TWO OR THREE OF THIS
11 SECTION TO OCCUR ON PREMISES UNDER HIS OR HER CONTROL; OR
12 5. OWNS, POSSESSES OR KEEPS ANY ANIMAL ON PREMISES WHERE AN EXHIBITION
13 OF ANIMAL FIGHTING IS BEING CONDUCTED UNDER CIRCUMSTANCES EVINCING AN
14 INTENT THAT SUCH ANIMAL ENGAGE IN ANIMAL FIGHTING.
15 PROMOTING ANIMAL FIGHTING IN THE FIRST DEGREE IS A CLASS D FELONY.
16 S 280.20 ANIMAL CRUELTY IN THE SECOND DEGREE.
17 A PERSON IS GUILTY OF ANIMAL CRUELTY IN THE SECOND DEGREE WHEN:
18 1. HAVING OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR CUSTODY OF
19 AN ANIMAL, HE OR SHE DEPRIVES SUCH ANIMAL OF, OR NEGLECTS TO FURNISH
20 SUCH ANIMAL WITH, NUTRITION, HYDRATION, VETERINARY CARE, OR SHELTER
21 ADEQUATE TO MAINTAIN THE ANIMAL'S HEALTH AND COMFORT, OR CAUSES,
22 PROCURES, OR PERMITS SUCH ANIMAL TO BE DEPRIVED OF NUTRITION, HYDRATION,
23 VETERINARY CARE, OR SHELTER ADEQUATE TO MAINTAIN THE ANIMAL'S HEALTH AND
24 COMFORT, AND HE OR SHE KNOWS OR REASONABLY SHOULD KNOW THAT SUCH ANIMAL
25 IS NOT RECEIVING ADEQUATE NUTRITION, HYDRATION, VETERINARY CARE, OR
26 SHELTER ADEQUATE TO MAINTAIN THE ANIMAL'S HEALTH AND COMFORT; OR
27 2. HAVING OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR CUSTODY OF
28 AN ANIMAL, HE OR SHE ABANDONS SUCH ANIMAL; OR
29 3. HAVING NO JUSTIFIABLE PURPOSE, HE OR SHE KNOWINGLY INSTIGATES,
30 ENGAGES IN, OR IN ANY WAY FURTHERS CRUELTY TO AN ANIMAL, OR ANY ACT
31 TENDING TO PRODUCE SUCH CRUELTY; OR
32 4. HAVING NO JUSTIFIABLE PROPOSE, HE OR SHE ADMINISTERS OR EXPOSES ANY
33 POISONOUS OR NOXIOUS DRUG OR SUBSTANCE TO AN ANIMAL, WITH INTENT THAT
34 THE ANIMAL TAKE THE SAME AND WITH INTENT TO INJURE THE ANIMAL.
35 NOTHING HEREIN CONTAINED SHALL BE CONSTRUED TO PROHIBIT OR INTERFERE
36 WITH ANY PROPERLY CONDUCTED SCIENTIFIC TESTS, EXPERIMENTS, OR INVESTI-
37 GATIONS INVOLVING THE USE OF LIVING ANIMALS, PERFORMED OR CONDUCTED IN
38 LABORATORIES OR INSTITUTIONS, WHICH ARE APPROVED FOR THESE PURPOSES BY
39 THE COMMISSIONER OF HEALTH. THE COMMISSIONER OF HEALTH SHALL PRESCRIBE
40 THE RULES UNDER WHICH SUCH APPROVALS SHALL BE GRANTED, INCLUDING THEREIN
41 STANDARDS REGARDING THE CARE AND TREATMENT OF ANY SUCH ANIMALS. SUCH
42 RULES SHALL BE PUBLISHED AND COPIES THEREOF CONSPICUOUSLY POSTED IN EACH
43 SUCH LABORATORY OR INSTITUTION. THE COMMISSIONER OF HEALTH OR HIS OR HER
44 DULY AUTHORIZED REPRESENTATIVE SHALL HAVE THE POWER TO INSPECT SUCH
45 LABORATORIES OR INSTITUTIONS TO INSURE COMPLIANCE WITH SUCH RULES AND
46 STANDARDS. EACH SUCH APPROVAL MAY BE REVOKED AT ANY TIME FOR FAILURE TO
47 COMPLY WITH SUCH RULES AND IN ANY CASE THE APPROVAL SHALL BE LIMITED TO
48 A PERIOD NOT EXCEEDING ONE YEAR.
49 ANIMAL CRUELTY IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR.
50 S 280.25 ANIMAL CRUELTY IN THE FIRST DEGREE.
51 A PERSON IS GUILTY OF ANIMAL CRUELTY IN THE FIRST DEGREE WHEN:
52 1. HAVING NO JUSTIFIABLE PURPOSE AND WITH INTENT TO CAUSE THE DEATH OF
53 A COMPANION ANIMAL, HE OR SHE CAUSES THE DEATH OF SUCH ANIMAL; OR
54 2. HAVING NO JUSTIFIABLE PURPOSE AND WITH INTENT TO CAUSE SERIOUS
55 PHYSICAL INJURY TO A COMPANION ANIMAL, HE OR SHE CAUSES SUCH INJURY TO
56 SUCH ANIMAL; OR
A. 9917--A 9
1 3. HAVING NO JUSTIFIABLE PURPOSE, HE OR SHE INTENTIONALLY TORTURES AN
2 ANIMAL OR KNOWINGLY INSTIGATES, ENGAGES IN, OR IN ANY WAY FURTHERS
3 AGGRAVATED CRUELTY TO AN ANIMAL, OR ANY ACT TENDING TO PRODUCE SUCH
4 AGGRAVATED CRUELTY; OR
5 4. COMMITS THE CRIME OF ANIMAL CRUELTY IN THE SECOND DEGREE IN
6 VIOLATION OF SUBDIVISION FOUR OF SECTION 280.20 AND SUCH ANIMAL IS A
7 HORSE, MULE, OR DOMESTIC CATTLE; OR
8 5. COMMITS THE CRIME OF ANIMAL CRUELTY IN THE SECOND DEGREE IN
9 VIOLATION OF SECTION 280.20 OF THIS ARTICLE AND HAS PREVIOUSLY BEEN
10 CONVICTED, WITHIN THE PRECEDING TEN YEARS, OF ANIMAL CRUELTY IN THE
11 SECOND DEGREE.
12 NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT OR
13 INTERFERE IN ANY WAY WITH ANYONE LAWFULLY ENGAGED IN HUNTING, TRAPPING,
14 OR FISHING, AS PROVIDED IN ARTICLE ELEVEN OF THE ENVIRONMENTAL CONSERVA-
15 TION LAW, THE DISPATCH OF RABID OR DISEASED ANIMALS, AS PROVIDED IN
16 ARTICLE TWENTY-ONE OF THE PUBLIC HEALTH LAW, OR THE DISPATCH OF ANIMALS
17 POSING A THREAT TO HUMAN SAFETY OR OTHER ANIMALS, WHERE SUCH ACTION IS
18 OTHERWISE LEGALLY AUTHORIZED, OR ANY PROPERLY CONDUCTED SCIENTIFIC
19 TESTS, EXPERIMENTS, OR INVESTIGATIONS INVOLVING THE USE OF LIVING
20 ANIMALS, PERFORMED OR CONDUCTED IN LABORATORIES OR INSTITUTIONS APPROVED
21 FOR SUCH PURPOSES BY THE COMMISSIONER OF HEALTH PURSUANT TO SECTION
22 280.20 OF THIS ARTICLE.
23 ANIMAL CRUELTY IN THE FIRST DEGREE IS A CLASS D FELONY.
24 S 280.30 UNLAWFUL DEALING WITH ANIMALS USED FOR RACING, BREEDING, OR
25 COMPETITIVE EXHIBITION OF SKILL, BREED OR STAMINA.
26 A PERSON IS GUILTY OF UNLAWFUL DEALING WITH ANIMALS USED FOR RACING,
27 BREEDING, OR COMPETITIVE EXHIBITION OF SKILL, BREED, OR STAMINA WHEN
28 SUCH PERSON:
29 1. COMMITS THE CRIME OF ANIMAL CRUELTY IN THE SECOND DEGREE IN
30 VIOLATION OF SECTION 280.20 OF THIS ARTICLE, AND SUCH ANIMAL IS AN
31 ANIMAL USED FOR THE PURPOSES OF RACING, BREEDING OR COMPETITIVE EXHIBI-
32 TION OF SKILL, BREED, OR STAMINA; OR
33 2. INTERFERES WITH, INJURES, DESTROYS, OR TAMPERS WITH ANY ANIMAL USED
34 FOR THE PURPOSES OF RACING, BREEDING, OR COMPETITIVE EXHIBITION OF
35 SKILL, BREED, OR STAMINA.
36 UNLAWFUL DEALING WITH ANIMALS USED FOR RACING, BREEDING OR COMPETITIVE
37 EXHIBITION OF SKILL, BREED OR STAMINA IS A CLASS E FELONY.
38 S 280.35 ENDANGERING THE WELFARE OF ANIMALS.
39 A PERSON IS GUILTY OF ENDANGERING THE WELFARE OF ANIMALS WHEN, WITH
40 THE INTENT TO CAUSE INJURY TO AN ANIMAL, OR RECKLESSLY CREATING A RISK
41 THEREOF, SUCH PERSON:
42 1. CREATES A HAZARDOUS OR PHYSICALLY OFFENSIVE CONDITION FOR ANY
43 ANIMAL BY ANY ACT THAT SERVES NO LEGITIMATE PURPOSE; OR
44 2. THROWS, DROPS OR PLACES, OR CAUSES TO BE THROWN, DROPPED OR PLACED
45 IN A PUBLIC PLACE, A SUBSTANCE THAT MIGHT WOUND, DISABLE, OR INJURE ANY
46 ANIMAL.
47 ENDANGERING THE WELFARE OF ANIMALS IS A VIOLATION.
48 S 280.40 ANIMAL ABDUCTION IN THE THIRD DEGREE.
49 A PERSON IS GUILTY OF ANIMAL ABDUCTION IN THE THIRD DEGREE WHEN SUCH
50 PERSON RESTRAINS A COMPANION ANIMAL WITHOUT THE CONSENT OF THE INDIVID-
51 UAL HAVING OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR CUSTODY OVER
52 SAID COMPANION ANIMAL.
53 ANIMAL ABDUCTION IN THE THIRD DEGREE IS A CLASS B MISDEMEANOR.
54 S 280.45 ANIMAL ABDUCTION IN THE SECOND DEGREE.
55 A PERSON IS GUILTY OF ANIMAL ABDUCTION IN THE SECOND DEGREE WHEN SUCH
56 PERSON ABDUCTS A COMPANION ANIMAL WITHOUT THE CONSENT OF THE INDIVIDUAL
A. 9917--A 10
1 HAVING OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR CUSTODY OVER SAID
2 COMPANION ANIMAL.
3 ANIMAL ABDUCTION IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR.
4 S 280.50 ANIMAL ABDUCTION IN THE FIRST DEGREE.
5 A PERSON IS GUILTY OF ANIMAL ABDUCTION IN THE FIRST DEGREE WHEN SUCH
6 PERSON ABDUCTS OR RESTRAINS A COMPANION ANIMAL WITHOUT THE CONSENT OF
7 THE INDIVIDUAL HAVING OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR
8 CUSTODY OVER SAID COMPANION ANIMAL, AND WHEN:
9 1. SUCH PERSON'S INTENT IS TO COMPEL THE PAYMENT OR DELIVERANCE OF
10 MONEY OR PROPERTY AS RANSOM, OR TO ENGAGE IN OTHER PARTICULAR CONDUCT,
11 OR TO REFRAIN FROM ENGAGING IN PARTICULAR CONDUCT; OR
12 2. SUCH PERSON CAUSES PHYSICAL INJURY TO THE COMPANION ANIMAL; OR
13 3. THE COMPANION ANIMAL DIES DURING THE ABDUCTION OR BEFORE IT IS ABLE
14 TO RETURN OR BE RETURNED TO SAFETY. SUCH DEATH SHALL BE PRESUMED FROM
15 EVIDENCE THAT THE INDIVIDUAL HAVING OWNERSHIP, POSSESSION, CARE,
16 CONTROL, CHARGE OR CUSTODY OVER SAID COMPANION ANIMAL DID NOT SEE THE
17 ANIMAL FOLLOWING THE TERMINATION OF THE ABDUCTION AND PRIOR TO TRIAL AND
18 RECEIVED NO RELIABLE INFORMATION DURING SUCH PERIOD PERSUASIVELY INDI-
19 CATING THAT SUCH ANIMAL WAS ALIVE.
20 ANIMAL ABDUCTION IN THE FIRST DEGREE IS A CLASS D FELONY.
21 S 280.55 UNAUTHORIZED POSSESSION OF ANIMAL PRESUMPTIVE EVIDENCE OF
22 RESTRAINT AND ABDUCTION.
23 THE UNAUTHORIZED POSSESSION OF A COMPANION ANIMAL BY ANY PERSON WITH-
24 OUT THE CONSENT OF THE INDIVIDUAL HAVING OWNERSHIP, POSSESSION, CARE,
25 CONTROL, CHARGE OR CUSTODY OVER SAID COMPANION ANIMAL, FOR A PERIOD
26 EXCEEDING TEN DAYS, WITHOUT NOTIFYING EITHER SAID INDIVIDUAL, THE LOCAL
27 POLICE AUTHORITIES, THE LOCAL MUNICIPAL SHELTER OR POUND OR THE OFFICE
28 OF THE SUPERINTENDENT OF THE STATE POLICE LOCATED IN ALBANY, NEW YORK,
29 OF SUCH POSSESSION, SHALL BE PRESUMPTIVE EVIDENCE OF RESTRAINT AND
30 ABDUCTION.
31 S 280.60 APPROPRIATE SHELTER FOR DOGS LEFT OUTDOORS.
32 1. FOR PURPOSES OF THIS SECTION:
33 (A) "PHYSICAL CONDITION" SHALL INCLUDE ANY SPECIAL MEDICAL NEEDS OF A
34 DOG DUE TO DISEASE, ILLNESS, INJURY, AGE OR BREED ABOUT WHICH THE OWNER
35 OR PERSON WITH CUSTODY OR CONTROL OF THE DOG SHOULD REASONABLY BE AWARE.
36 (B) "INCLEMENT WEATHER" SHALL MEAN WEATHER CONDITIONS THAT ARE LIKELY
37 TO ADVERSELY AFFECT THE HEALTH OR SAFETY OF THE DOG, INCLUDING BUT NOT
38 LIMITED TO RAIN, SLEET, ICE, SNOW, WIND, OR EXTREME HEAT AND COLD.
39 (C) "DOGS THAT ARE LEFT OUTDOORS" SHALL MEAN DOGS THAT ARE OUTDOORS IN
40 INCLEMENT WEATHER WITHOUT READY ACCESS TO, OR THE ABILITY TO ENTER, A
41 HOUSE, APARTMENT BUILDING, OFFICE BUILDING, OR ANY OTHER PERMANENT
42 STRUCTURE THAT COMPLIES WITH THE STANDARDS ENUMERATED IN PARAGRAPH (B)
43 OF SUBDIVISION THREE OF THIS SECTION.
44 2. (A) ANY PERSON WHO OWNS OR HAS CUSTODY OR CONTROL OF A DOG THAT IS
45 LEFT OUTDOORS SHALL PROVIDE IT WITH SHELTER APPROPRIATE TO ITS BREED,
46 PHYSICAL CONDITION AND CLIMATE. ANY PERSON WHO KNOWINGLY VIOLATES THE
47 PROVISIONS OF THIS SECTION SHALL BE GUILTY OF A VIOLATION, PUNISHABLE BY
48 A FINE OF NOT LESS THAN FIFTY DOLLARS NOR MORE THAN ONE HUNDRED DOLLARS
49 FOR A FIRST OFFENSE, AND A FINE OF NOT LESS THAN ONE HUNDRED DOLLARS NOR
50 MORE THAN TWO HUNDRED FIFTY DOLLARS FOR A SECOND AND SUBSEQUENT OFFENSE.
51 BEGINNING SEVENTY-TWO HOURS AFTER A CHARGE OF VIOLATING THIS SECTION,
52 EACH DAY THAT A DEFENDANT FAILS TO CORRECT THE DEFICIENCIES IN THE DOG
53 SHELTER FOR A DOG THAT HE OR SHE OWNS OR THAT IS IN HIS OR HER CUSTODY
54 OR CONTROL AND THAT IS LEFT OUTDOORS, SO AS TO BRING IT INTO COMPLIANCE
55 WITH THE PROVISIONS OF THIS SECTION SHALL CONSTITUTE A SEPARATE OFFENSE.
A. 9917--A 11
1 (B) THE COURT MAY, IN ITS DISCRETION, REDUCE THE AMOUNT OF ANY FINE
2 IMPOSED FOR A VIOLATION OF THIS SECTION BY THE AMOUNT WHICH THE DEFEND-
3 ANT PROVES HE OR SHE HAS SPENT PROVIDING A DOG SHELTER OR REPAIRING AN
4 EXISTING DOG SHELTER SO THAT IT COMPLIES WITH THE REQUIREMENTS OF THIS
5 SECTION. NOTHING IN THIS PARAGRAPH SHALL PREVENT THE SEIZURE OF A DOG
6 FOR A VIOLATION OF THIS SECTION PURSUANT TO THE AUTHORITY GRANTED IN
7 THIS ARTICLE.
8 3. MINIMUM STANDARDS FOR DETERMINING WHETHER SHELTER IS APPROPRIATE TO
9 A DOG'S BREED, PHYSICAL CONDITION AND THE CLIMATE SHALL INCLUDE:
10 (A) FOR DOGS THAT ARE RESTRAINED IN ANY MANNER OUTDOORS, SHADE BY
11 NATURAL OR ARTIFICIAL MEANS TO PROTECT THE DOG FROM DIRECT SUNLIGHT AT
12 ALL TIMES WHEN EXPOSURE TO SUNLIGHT IS LIKELY TO THREATEN THE HEALTH OF
13 THE DOG.
14 (B) FOR ALL DOGS THAT ARE LEFT OUTDOORS IN INCLEMENT WEATHER, A HOUS-
15 ING FACILITY, WHICH MUST: (1) HAVE A WATERPROOF ROOF; (2) BE STRUC-
16 TURALLY SOUND WITH INSULATION APPROPRIATE TO LOCAL CLIMATIC CONDITIONS
17 AND SUFFICIENT TO PROTECT THE DOG FROM INCLEMENT WEATHER; (3) BE
18 CONSTRUCTED TO ALLOW EACH DOG ADEQUATE FREEDOM OF MOVEMENT TO MAKE
19 NORMAL POSTURAL ADJUSTMENTS, INCLUDING THE ABILITY TO STAND UP, TURN
20 AROUND AND LIE DOWN WITH ITS LIMBS OUTSTRETCHED; AND (4) ALLOW FOR
21 EFFECTIVE REMOVAL OF EXCRETIONS, OTHER WASTE MATERIAL, DIRT AND TRASH.
22 THE HOUSING FACILITY AND THE AREA IMMEDIATELY SURROUNDING IT SHALL BE
23 REGULARLY CLEANED TO MAINTAIN A HEALTHY AND SANITARY ENVIRONMENT AND TO
24 MINIMIZE HEALTH HAZARDS.
25 4. INADEQUATE SHELTER MAY BE INDICATED BY THE APPEARANCE OF THE HOUS-
26 ING FACILITY ITSELF, INCLUDING BUT NOT LIMITED TO, SIZE, STRUCTURAL
27 SOUNDNESS, EVIDENCE OF CROWDING WITHIN THE HOUSING FACILITY, HEALTHFUL
28 ENVIRONMENT IN THE AREA IMMEDIATELY SURROUNDING SUCH FACILITY, OR BY THE
29 APPEARANCE OR PHYSICAL CONDITION OF THE DOG.
30 5. UPON A FINDING OF ANY VIOLATION OF THIS SECTION, ANY DOG OR DOGS
31 SEIZED PURSUANT TO THE PROVISIONS OF THIS ARTICLE THAT HAVE NOT BEEN
32 VOLUNTARILY SURRENDERED BY THE OWNER OR CUSTODIAN OR FORFEITED PURSUANT
33 TO COURT ORDER SHALL BE RETURNED TO THE OWNER OR CUSTODIAN ONLY UPON
34 PROOF THAT APPROPRIATE SHELTER AS REQUIRED BY THIS SECTION IS BEING
35 PROVIDED.
36 6. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO AFFECT ANY
37 PROTECTIONS AFFORDED TO DOGS OR OTHER ANIMALS UNDER ANY OTHER PROVISIONS
38 OF THIS ARTICLE.
39 S 280.65 CONFINEMENT OF COMPANION ANIMALS IN VEHICLES; EXTREME TEMPER-
40 ATURES.
41 1. A PERSON SHALL NOT CONFINE A COMPANION ANIMAL IN A MOTOR VEHICLE IN
42 EXTREME HEAT OR COLD WITHOUT PROPER VENTILATION OR OTHER PROTECTION FROM
43 SUCH EXTREME TEMPERATURES WHERE SUCH CONFINEMENT PLACES THE COMPANION
44 ANIMAL IN IMMINENT DANGER OF DEATH OR SERIOUS PHYSICAL INJURY DUE TO
45 EXPOSURE TO SUCH EXTREME HEAT OR COLD.
46 2. WHERE THE OPERATOR OF SUCH A VEHICLE CANNOT BE PROMPTLY LOCATED, A
47 POLICE OFFICER, PEACE OFFICER, OR PEACE OFFICER ACTING AS AN AGENT OF A
48 DULY INCORPORATED HUMANE SOCIETY MAY TAKE NECESSARY STEPS TO REMOVE THE
49 ANIMAL OR ANIMALS FROM THE VEHICLE.
50 3. POLICE OFFICERS, PEACE OFFICERS OR PEACE OFFICERS ACTING AS AGENTS
51 OF A DULY INCORPORATED HUMANE SOCIETY REMOVING AN ANIMAL OR ANIMALS FROM
52 A VEHICLE PURSUANT TO THIS SECTION SHALL PLACE A WRITTEN NOTICE ON OR IN
53 THE VEHICLE, BEARING THE NAME OF THE OFFICER OR AGENT, AND THE DEPART-
54 MENT OR AGENCY AND ADDRESS WHERE THE ANIMAL OR ANIMALS WILL BE TAKEN.
55 4. AN ANIMAL OR ANIMALS REMOVED FROM A VEHICLE PURSUANT TO THIS
56 SECTION SHALL, AFTER RECEIPT OF ANY NECESSARY EMERGENCY VETERINARY
A. 9917--A 12
1 TREATMENT, BE DELIVERED TO THE DULY INCORPORATED HUMANE SOCIETY OR SOCI-
2 ETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, OR DESIGNATED AGENT THERE-
3 OF, IN THE JURISDICTION WHERE THE ANIMAL OR ANIMALS WERE SEIZED.
4 5. ANY PERSON WHO KNOWINGLY VIOLATES THE PROVISIONS OF SUBDIVISION ONE
5 OF THIS SECTION SHALL BE GUILTY OF A VIOLATION, PUNISHABLE BY A FINE OF
6 NOT LESS THAN FIFTY DOLLARS NOR MORE THAN ONE HUNDRED DOLLARS FOR A
7 FIRST OFFENSE, AND A FINE OF NOT LESS THAN ONE HUNDRED DOLLARS NOR MORE
8 THAN TWO HUNDRED FIFTY DOLLARS FOR A SECOND AND SUBSEQUENT OFFENSES.
9 6. OFFICERS SHALL NOT BE HELD CRIMINALLY OR CIVILLY LIABLE FOR ACTIONS
10 TAKEN REASONABLY AND IN GOOD FAITH IN CARRYING OUT THE PROVISIONS OF
11 THIS SECTION.
12 7. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO AFFECT ANY
13 OTHER PROTECTIONS AFFORDED TO COMPANION ANIMALS UNDER ANY OTHER
14 PROVISIONS OF THIS ARTICLE.
15 S 280.70 LEAVING NEW YORK STATE TO AVOID PROVISIONS OF THIS ARTICLE.
16 A PERSON WHO LEAVES THIS STATE WITH INTENT TO ELUDE ANY OF THE
17 PROVISIONS OF THIS ARTICLE OR TO COMMIT ANY ACT OUT OF THIS STATE WHICH
18 IS PROHIBITED BY THEM OR WHO, BEING A RESIDENT OF THIS STATE, DOES ANY
19 ACT WITHOUT THIS STATE, PURSUANT TO SUCH INTENT, WHICH WOULD BE PUNISHA-
20 BLE UNDER SUCH PROVISIONS, IF COMMITTED WITHIN THIS STATE, IS PUNISHABLE
21 IN THE SAME MANNER AS IF SUCH ACT HAD BEEN COMMITTED WITHIN THIS STATE.
22 S 280.75 EVIDENTIARY AND IMPOUNDMENT PROCEDURES BY MEMBERS OF LAW
23 ENFORCEMENT.
24 MATTERS RELATING TO THE SEIZURE, ADOPTION, CARE, DISPOSITION AND
25 DESTRUCTION OF ANIMALS BY MEMBERS OF LAW ENFORCEMENT AND MEMBERS OF A
26 DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS
27 CHARGED TO ENFORCE THIS ARTICLE, ANCILLARY TO SUCH ENFORCEMENT OF THIS
28 ARTICLE, SHALL BE GOVERNED BY ARTICLE TWENTY-SIX OF THE AGRICULTURE AND
29 MARKETS LAW AND ARTICLE SIX HUNDRED NINETY OF THE CRIMINAL PROCEDURE
30 LAW.
31 S 280.80 SPECIAL SENTENCING PROVISIONS APPLICABLE.
32 IN ADDITION TO ANY OTHER PENALTY PROVIDED BY LAW, THE SENTENCING
33 PROVISIONS CONTAINED IN SECTION THREE HUNDRED EIGHTY OF THE AGRICULTURE
34 AND MARKETS LAW SHALL BE APPLICABLE TO VIOLATIONS OF THIS ARTICLE.
35 S 10. The penal law is amended by adding a new section 60.22 to read
36 as follows:
37 S 60.22 AUTHORIZED DISPOSITIONS; PROMOTING ANIMAL FIGHTING.
38 WHEN A PERSON IS CONVICTED OF AN OFFENSE DEFINED IN SECTION 280.05 OF
39 THIS CHAPTER, IN ADDITION TO THE OTHER PENALTIES AS PROVIDED IN THIS
40 CHAPTER, THE COURT MAY IMPOSE A FINE WHICH SHALL NOT EXCEED FIFTEEN
41 THOUSAND DOLLARS. WHEN A PERSON IS CONVICTED OF AN OFFENSE DEFINED IN
42 SECTION 280.10 OF THIS CHAPTER, THE COURT MAY IMPOSE A FINE WHICH SHALL
43 NOT EXCEED TWENTY-FIVE THOUSAND DOLLARS.
44 S 11. Paragraph (c) of subdivision 1 of section 70.02 of the penal
45 law, as amended by chapter 405 of the laws of 2010, is amended to read
46 as follows:
47 (c) Class D violent felony offenses: an attempt to commit any of the
48 class C felonies set forth in paragraph (b); reckless assault of a child
49 as defined in section 120.02, assault in the second degree as defined in
50 section 120.05, menacing a police officer or peace officer as defined in
51 section 120.18, stalking in the first degree, as defined in subdivision
52 one of section 120.60, strangulation in the second degree as defined in
53 section 121.12, rape in the second degree as defined in section 130.30,
54 criminal sexual act in the second degree as defined in section 130.45,
55 sexual abuse in the first degree as defined in section 130.65, course of
56 sexual conduct against a child in the second degree as defined in
A. 9917--A 13
1 section 130.80, aggravated sexual abuse in the third degree as defined
2 in section 130.66, facilitating a sex offense with a controlled
3 substance as defined in section 130.90, criminal possession of a weapon
4 in the third degree as defined in subdivision five, six, seven or eight
5 of section 265.02, criminal sale of a firearm in the third degree as
6 defined in section 265.11, intimidating a victim or witness in the
7 second degree as defined in section 215.16, soliciting or providing
8 support for an act of terrorism in the second degree as defined in
9 section 490.10, and making a terroristic threat as defined in section
10 490.20, falsely reporting an incident in the first degree as defined in
11 section 240.60, placing a false bomb or hazardous substance in the first
12 degree as defined in section 240.62, placing a false bomb or hazardous
13 substance in a sports stadium or arena, mass transportation facility or
14 enclosed shopping mall as defined in section 240.63, [and] aggravated
15 unpermitted use of indoor pyrotechnics in the first degree as defined in
16 section 405.18, AND ANIMAL CRUELTY IN THE FIRST DEGREE AS DEFINED IN
17 SUBDIVISION ONE, TWO OR THREE OF SECTION 280.25.
18 S 12. Section 195.06 of the penal law, as added by chapter 42 of the
19 laws of 1986, is amended to read as follows:
20 S 195.06 Killing or injuring a police animal.
21 A person is guilty of killing or injuring a police animal when such
22 person intentionally kills or injures any animal while such animal is in
23 the performance of its duties and under the supervision of a police or
24 peace officer.
25 Killing or injuring a police animal is a class [A misdemeanor] D FELO-
26 NY.
27 S 13. Section 195.11 of the penal law, as added by chapter 344 of the
28 laws of 1989, is amended to read as follows:
29 S 195.11 Harming an animal trained to aid a person with a disability in
30 the second degree.
31 A person is guilty of harming an animal trained to aid a person with a
32 disability in the second degree when such person intentionally causes
33 physical injury to such animal while it is in the performance of aiding
34 a person with a disability, and thereby renders such animal incapable of
35 providing such aid to such person, or to another person with a disabili-
36 ty.
37 For purposes of this section and section 195.12 of this article, the
38 term "disability" means "disability" as defined in subdivision twenty-
39 one of section two hundred ninety-two of the executive law.
40 Harming an animal trained to aid a person with a disability in the
41 second degree is a class [B] A misdemeanor.
42 S 14. Section 195.12 of the penal law, as added by chapter 344 of the
43 laws of 1989, is amended to read as follows:
44 S 195.12 Harming an animal trained to aid a person with a disability in
45 the first degree.
46 A person is guilty of harming an animal trained to aid a person with a
47 disability in the first degree when such person:
48 1. intentionally causes physical injury to such animal while it is in
49 the performance of aiding a person with a disability, and thereby
50 renders such animal permanently incapable of providing such aid to such
51 person, or to another person with a disability; or
52 2. intentionally kills such animal while it is in the performance of
53 aiding a person with a disability.
54 Harming an animal trained to aid a person with a disability in the
55 first degree is a class [A misdemeanor] D FELONY.
A. 9917--A 14
1 S 15. Subdivision 2 of section 265.01 of the penal law, as amended by
2 chapter 220 of the laws of 1988, is amended to read as follows:
3 (2) He OR SHE possesses any dagger, dangerous knife, dirk, razor,
4 stiletto, imitation pistol, or any other dangerous or deadly instrument
5 or weapon with intent to use the same unlawfully against another PERSON
6 OR ANIMAL; or
7 S 16. Severability clause. If any clause, sentence, paragraph, subdi-
8 vision, section or part of this act shall be adjudged by any court of
9 competent jurisdiction to be invalid, such judgment shall not affect,
10 impair, or invalidate the remainder thereof, but shall be confined in
11 its operation to the clause, sentence, paragraph, subdivision, section
12 or part thereof directly involved in the controversy in which such judg-
13 ment shall have been rendered. It is hereby declared to be the intent of
14 the legislature that this act would have been enacted even if such
15 invalid provisions had not been included herein.
16 S 17. This act shall take effect on the first of November next
17 succeeding the date on which it shall have become a law.
