Bill Text: NY S05435 | 2023-2024 | General Assembly | Introduced

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Bill Title: Establishes the offense of misrepresenting a companion animal as a service animal for personal benefit when a person expressly or impliedly represents that an animal in his or her possession is a service animal for the purpose of obtaining any rights or privileges afforded to a person with a disability requiring the assistance of a service animal.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S05435 Detail]

Download: New_York-2023-S05435-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5435

                               2023-2024 Regular Sessions

                    IN SENATE

                                      March 3, 2023
                                       ___________

        Introduced  by  Sen. MATTERA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes

        AN ACT to amend the penal law, in relation to establishing  the  offense
          of misrepresenting a companion animal as a service animal for personal
          benefit

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The penal law is amended by adding a new section 242.20  to
     2  read as follows:
     3  §  242.20  Misrepresenting  a  companion  animal as a service animal for
     4             personal benefit.
     5    1. A person shall be guilty of misrepresenting a companion animal as a
     6  service animal for personal benefit when he or she:
     7    (a) expressly or impliedly represents that an animal  in  his  or  her
     8  possession  is  a service animal for the purpose of obtaining any rights
     9  or privileges afforded to a  person  with  a  disability  requiring  the
    10  assistance  of  a  service  animal  and such person knows or should have
    11  known that the animal in his or her possession was not a service animal;
    12  or
    13    (b) takes an animal, which such person knows or should have known  not
    14  to  be  a  service  animal,  into  a place of public accommodation where
    15  companion animals are not permitted, and the  animal  accompanying  said
    16  individual  is  wearing  a  cape,  vest, special leash, or other form of
    17  identification that states or implies  that  the  animal  is  a  service
    18  animal  entitled to be present, even if such person makes no affirmative
    19  statements asserting that the animal is a service animal.
    20    2. "Companion animal" shall have the same  meaning  as  set  forth  in
    21  section three hundred fifty of the agriculture and markets law.
    22    Misrepresenting  a  companion  animal as a service animal for personal
    23  benefit is a violation subject to a two hundred fifty dollar fine.
    24    § 2. This act shall take effect on the ninetieth day  after  it  shall
    25  have become a law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09114-02-3