Bill Text: NY S06730 | 2011-2012 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to promoting understanding, awareness and enforcement of animal crime laws.

Spectrum: Slight Partisan Bill (Republican 10-6)

Status: (Introduced - Dead) 2012-05-30 - PRINT NUMBER 6730A [S06730 Detail]

Download: New_York-2011-S06730-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6730
                                   I N  S E N A T E
                                    March 14, 2012
                                      ___________
       Introduced by Sen. FUSCHILLO -- read twice and ordered printed, and when
         printed to be committed to the Committee on Agriculture
       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, 361, 362 and subdivision 8 of section 374 of the  agricul-
         ture 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 is  amended
    2  by adding a new subdivision 6 to read as follows:
    3    6.  "ANIMAL CRUELTY OFFENSE" MEANS ANY VIOLATION OF THIS ARTICLE OR OF
    4  ARTICLE TWO HUNDRED EIGHTY OF THE PENAL LAW, OR ANY OTHER  UNLAWFUL  ACT
    5  BY  WHICH  HARM  IS  INTENTIONALLY, KNOWINGLY, RECKLESSLY OR NEGLIGENTLY
    6  CAUSED OR PERMITTED TO OCCUR TO AN ANIMAL.
    7    S 2. Sections 351, 353, 353-a, 353-b, 353-d, 355, 361 and 362  of  the
    8  agriculture and markets law are REPEALED.
    9    S 3. Section 359 of the agriculture and markets law, as added by chap-
   10  ter 1047 of the laws of 1965, subdivision 1 as amended by chapter 458 of
   11  the  laws of 1985 and subdivision 2 as amended by chapter 84 of the laws
   12  of 2001, is amended to read as follows:
   13    S 359. [Carrying animal in a cruel manner] UNLAWFUL TRANSPORTATION  OF
   14  ANIMALS.    [1.  A person who carries or causes to be carried in or upon
   15  any vessel or vehicle or otherwise, any animal in  a  cruel  or  inhuman
   16  manner, or so as to produce torture, is guilty of a misdemeanor, punish-
   17  able  by  imprisonment  for  not more than one year, or by a fine of not
   18  more than one thousand dollars, or by both.
   19    2.] A railway corporation, or an owner, agent, consignee, or person in
   20  charge of any horses, sheep, cattle, or swine, in the course of, or  for
   21  transportation,  who  confines,  or  causes  or  suffers  the same to be
   22  confined, in cars for a  longer  period  than  twenty-eight  consecutive
   23  hours,  or  thirty-six  consecutive  hours where consent is given in the
   24  manner hereinafter provided, without unloading for rest, water and feed-
   25  ing, during five consecutive hours, unless prevented by storm or  inevi-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14859-03-2
       S. 6730                             2
    1  table  accident,  is  guilty  of  a  misdemeanor. The consent which will
    2  extend the period from twenty-eight to thirty-six hours shall  be  given
    3  by  the  owner,  or  by person in custody of a particular shipment, by a
    4  writing  separate  and  apart  from  any printed bill of lading or other
    5  railroad form. In estimating such confinement, the time during which the
    6  animals have been confined without rest, on connecting roads from  which
    7  they are received, must be computed.
    8    S  4.    Section 365 of the agriculture and markets law, as amended by
    9  chapter 458 of the laws of 1985, is amended to read as follows:
   10    S 365. Clipping or cutting the ears of dogs. 1. Whoever clips or  cuts
   11  off  or  causes  or procures another to clip or cut off the whole or any
   12  part of an ear of any dog unless an anaesthetic shall have been given to
   13  the dog and the operation performed by a licensed veterinarian, is guil-
   14  ty of a misdemeanor, punishable by imprisonment for not  more  than  one
   15  year, or a fine of not more than one thousand dollars, or by both.
   16    2.  [The  provisions  of  this  section  shall not apply to any dog or
   17  person who is the owner or possessor of any dog  whose  ear  or  a  part
   18  thereof  has  been clipped or cut off prior to September first, nineteen
   19  hundred twenty-nine.
   20    3.] Each applicant for a dog license must state  on  such  application
   21  whether  any  ear  of  the dog for which he applies for such license has
   22  been cut off wholly or in part.
   23    [4.] 3. Nothing herein contained shall be construed as preventing  any
   24  dog  whose  ear  or ears shall have been clipped or cut off wholly or in
   25  part, not in violation of this section, from  being  imported  into  the
   26  state exclusively for breeding purposes.
   27    S  5.  Section  369  of the agriculture and markets law, as amended by
   28  chapter 458 of the laws of 1985, is amended to read as follows:
   29    S 369. Interference with officers. Any person who shall interfere with
   30  or obstruct any constable or police officer or any officer or  agent  of
   31  any  duly  incorporated society for the prevention of cruelty to animals
   32  in the discharge of his duty to enforce the laws  relating  to  animals,
   33  INCLUDING  THOSE  PROVISIONS  CONTAINED IN ARTICLE TWO HUNDRED EIGHTY OF
   34  THE PENAL LAW, shall be guilty of a misdemeanor, punishable by imprison-
   35  ment for not more than one year, or by a fine of not more than one thou-
   36  sand dollars, or by both.
   37    S 6. Section 371 of the agriculture and markets  law,  as  amended  by
   38  chapter 573 of the laws of 1978, is amended to read as follows:
   39    S 371. Powers  of  peace officers. A constable or police officer must,
   40  and any agent or officer  of  any  duly  incorporated  society  for  the
   41  prevention of cruelty to animals may issue an appearance ticket pursuant
   42  to  section  150.20 of the criminal procedure law, summon or arrest, and
   43  bring before a court  or  magistrate  having  jurisdiction,  any  person
   44  offending  against  any  of  the provisions of article twenty-six of the
   45  agriculture and markets law OR ANY PROVISIONS  OF  ARTICLE  TWO  HUNDRED
   46  EIGHTY  OF  THE PENAL LAW. Any officer or agent of any of said societies
   47  may lawfully interfere to prevent the perpetration of any act of cruelty
   48  upon any animal in his presence. Any of  said  societies  may  prefer  a
   49  complaint  before any court, tribunal or magistrate having jurisdiction,
   50  for the violation of any law relating to or affecting  animals  and  may
   51  aid  in  presenting  the  law  and  facts before such court, tribunal or
   52  magistrate in any proceeding taken.
   53    S 7. Subdivision 8 of section 374 of the agriculture and  markets  law
   54  is REPEALED.
   55    S  8.    The  agriculture  and  markets law is amended by adding a new
   56  section 380 to read as follows:
       S. 6730                             3
    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  A  DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR
    7  A DULY INCORPORATED HUMANE SOCIETY OR  AUTHORIZED  AGENTS  THEREOF,  THE
    8  ANIMAL  OR  ANIMALS  WHICH ARE THE BASIS OF THE CONVICTION. UPON SUCH AN
    9  ORDER OF FORFEITURE, THE CONVICTED PERSON SHALL BE DEEMED TO HAVE RELIN-
   10  QUISHED ALL RIGHTS TO THE ANIMALS WHICH ARE THE BASIS OF THE CONVICTION,
   11  EXCEPT THOSE GRANTED IN SUBDIVISION TWO OF THIS SECTION.
   12    2. IN THE CASE OF FARM ANIMALS, THE COURT  MAY,  IN  ADDITION  TO  THE
   13  FORFEITURE  TO A DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY
   14  TO ANIMALS OR A DULY INCORPORATED HUMANE SOCIETY  OR  AUTHORIZED  AGENTS
   15  THEREOF,  AND  SUBJECT  TO  THE  RESTRICTIONS  OF SECTIONS THREE HUNDRED
   16  FIFTY-FOUR AND THREE HUNDRED FIFTY-SEVEN OF THIS ARTICLE, ORDER THE FARM
   17  ANIMALS WHICH WERE THE BASIS OF THE CONVICTION TO BE SOLD.  IN  NO  CASE
   18  SHALL  FARM ANIMALS WHICH ARE THE BASIS OF THE CONVICTION BE REDEEMED BY
   19  THE CONVICTED PERSON WHO IS THE SUBJECT OF THE ORDER OF FORFEITURE OR BY
   20  ANY PERSON DWELLING IN THE SAME HOUSEHOLD WHO CONSPIRED, AIDED OR  ABET-
   21  TED  IN  THE  UNLAWFUL ACT WHICH WAS THE BASIS OF THE CONVICTION, OR WHO
   22  KNEW OR SHOULD HAVE KNOWN OF THE UNLAWFUL ACT. THE COURT SHALL REIMBURSE
   23  THE CONVICTED PERSON AND ANY DULY DETERMINED INTERESTED PERSONS,  PURSU-
   24  ANT  TO SUBDIVISION SIX OF THIS SECTION, ANY MONEY EARNED BY THE SALE OF
   25  THE FARM ANIMALS LESS ANY COSTS INCLUDING, BUT NOT LIMITED  TO,  VETERI-
   26  NARY  AND  CUSTODIAL  CARE,  AND  ANY  FINES OR PENALTIES IMPOSED BY THE
   27  COURT. THE COURT MAY ORDER THAT THE SUBJECT  ANIMALS  BE  PROVIDED  WITH
   28  APPROPRIATE  CARE  AND TREATMENT PENDING THE HEARING AND THE DISPOSITION
   29  OF THE CHARGES. ANY FARM ANIMAL ORDERED FORFEITED BUT NOT SOLD SHALL  BE
   30  REMANDED  TO  THE  CUSTODY AND CHARGE OF A DULY INCORPORATED SOCIETY FOR
   31  THE PREVENTION OF CRUELTY TO ANIMALS OR DULY INCORPORATED HUMANE SOCIETY
   32  OR ITS AUTHORIZED AGENT THEREOF AND DISPOSED OF PURSUANT TO  SUBDIVISION
   33  FIVE OF THIS SECTION.
   34    3.  THE COURT MAY ORDER THAT THE CONVICTED PERSON OR ANY PERSON DWELL-
   35  ING IN THE SAME HOUSEHOLD WHO CONSPIRED, AIDED OR ABETTED IN THE  UNLAW-
   36  FUL  ACT  WHICH  WAS  THE BASIS OF THE CONVICTION, OR WHO KNEW OR SHOULD
   37  HAVE KNOWN OF THE UNLAWFUL ACT, SHALL NOT OWN, HARBOR, OR  HAVE  CUSTODY
   38  OR  CONTROL  OF ANY OTHER ANIMALS, OTHER THAN FARM ANIMALS, FOR A PERIOD
   39  OF TIME WHICH THE COURT DEEMS REASONABLE. IN MAKING ITS DETERMINATION OF
   40  WHAT PERIOD OF TIME IS REASONABLE, THE COURT SHALL TAKE INTO ACCOUNT THE
   41  TOTALITY OF THE CIRCUMSTANCES BEFORE  IT  AND  BE  BOUND  TO  NO  SINGLE
   42  FACTOR.  SUCH ORDER MUST BE IN WRITING AND SPECIFICALLY STATE THE PERIOD
   43  OF TIME IMPOSED.
   44    4.  NO DOG OR CAT IN THE CUSTODY OF A DULY  INCORPORATED  SOCIETY  FOR
   45  THE PREVENTION OF CRUELTY TO ANIMALS, A DULY INCORPORATED HUMANE SOCIETY
   46  OR  ITS AUTHORIZED AGENTS THEREOF, OR A POUND OR SHELTER, SHALL BE SOLD,
   47  TRANSFERRED OR OTHERWISE MADE AVAILABLE TO ANY PERSON FOR THE PURPOSE OF
   48  RESEARCH, EXPERIMENTATION OR TESTING. NO  AUTHORIZED  AGENT  OF  A  DULY
   49  INCORPORATED  SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, NOR OF A
   50  DULY INCORPORATED HUMANE SOCIETY, SHALL USE ANY  ANIMAL  PLACED  IN  ITS
   51  CUSTODY  BY  THE DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY
   52  TO ANIMALS OR DULY  INCORPORATED  HUMANE  SOCIETY  FOR  THE  PURPOSE  OF
   53  RESEARCH, EXPERIMENTATION OR TESTING.
   54    5.  A  DULY  INCORPORATED  SOCIETY  FOR  THE  PREVENTION OF CRUELTY TO
   55  ANIMALS OR A DULY INCORPORATED  HUMANE  SOCIETY  IN  CHARGE  OF  ANIMALS
   56  FORFEITED PURSUANT TO SUBDIVISION ONE OR TWO OF THIS SECTION MAY, IN ITS
       S. 6730                             4
    1  DISCRETION,  LAWFULLY  AND  WITHOUT LIABILITY, ADOPT THEM TO INDIVIDUALS
    2  OTHER THAN THE CONVICTED PERSON OR PERSON DWELLING IN THE SAME HOUSEHOLD
    3  WHO CONSPIRED, AIDED OR ABETTED IN THE UNLAWFUL ACT WHICH WAS THE  BASIS
    4  OF THE CONVICTION, OR WHO KNEW OR SHOULD HAVE KNOWN OF THE UNLAWFUL ACT,
    5  OR HUMANELY DISPOSE OF THEM.
    6    6.  (A)  PRIOR  TO  AN  ORDER OF FORFEITURE OF FARM ANIMALS, A HEARING
    7  SHALL BE HELD WITHIN THIRTY DAYS OF CONVICTION TO DETERMINE THE  PECUNI-
    8  ARY  INTERESTS  OF  ANY  OTHER PERSON IN THE FARM ANIMALS WHICH WERE THE
    9  BASIS OF THE CONVICTION. WRITTEN NOTICE SHALL BE SERVED  AT  LEAST  FIVE
   10  DAYS  PRIOR  TO  THE  HEARING  UPON ALL INTERESTED PERSONS. IN ADDITION,
   11  NOTICE SHALL BE MADE BY PUBLICATION IN A LOCAL NEWSPAPER AT LEAST  SEVEN
   12  DAYS  PRIOR TO THE HEARING. FOR THE PURPOSES OF THIS SUBDIVISION, INTER-
   13  ESTED PERSONS SHALL MEAN ANY INDIVIDUAL, PARTNERSHIP, FIRM, JOINT  STOCK
   14  COMPANY,  CORPORATION, ASSOCIATION, TRUST, ESTATE, OR OTHER LEGAL ENTITY
   15  WHO THE COURT DETERMINES MAY HAVE  A  PECUNIARY  INTEREST  IN  THE  FARM
   16  ANIMALS WHICH ARE THE SUBJECT OF THE FORFEITURE ACTION.
   17    (B)  ALL  INTERESTED  PERSONS  SHALL BE PROVIDED AN OPPORTUNITY AT THE
   18  HEARING TO REDEEM THEIR INTEREST AS  DETERMINED  BY  THE  COURT  IN  THE
   19  SUBJECT  FARM  ANIMALS  AND  TO  PURCHASE  THE INTEREST OF THE CONVICTED
   20  PERSON. THE CONVICTED PERSON SHALL BE ENTITLED TO BE REIMBURSED  HIS  OR
   21  HER  INTEREST  IN  THE  FARM ANIMALS, LESS ANY COSTS, FINES OR PENALTIES
   22  IMPOSED BY THE  COURT,  AS  SPECIFIED  UNDER  SUBDIVISION  TWO  OF  THIS
   23  SECTION.  IN  NO  CASE  SHALL  THE COURT AWARD CUSTODY OR CONTROL OF THE
   24  ANIMALS TO ANY INTERESTED PERSON WHO CONSPIRED, AIDED OR ABETTED IN  THE
   25  UNLAWFUL  ACT  WHICH  WAS  THE  BASIS  OF THE CONVICTION, OR WHO KNEW OR
   26  SHOULD HAVE KNOWN OF THE UNLAWFUL ACT.
   27    7. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT OR RESTRICT  IN
   28  ANY  WAY THE RIGHTS OF A SECURED PARTY HAVING A SECURITY INTEREST IN ANY
   29  FARM ANIMAL DESCRIBED IN THIS SECTION. THIS SECTION EXPRESSLY  DOES  NOT
   30  IMPAIR OR SUBORDINATE THE RIGHTS OF SUCH A SECURED LENDER HAVING A SECU-
   31  RITY  INTEREST  IN FARM ANIMALS OR IN THE PROCEEDS FROM THE SALE OF SUCH
   32  FARM ANIMALS.
   33    S 9. The penal law is amended by adding a  new  title  Q  to  read  as
   34  follows:
   35                                   TITLE Q
   36                          OFFENSES AGAINST ANIMALS
   37                                 ARTICLE 280
   38                          OFFENSES AGAINST ANIMALS
   39  SECTION 280.00 DEFINITIONS.
   40          280.05 PROMOTING ANIMAL FIGHTING IN THE SECOND DEGREE.
   41          280.10 PROMOTING ANIMAL FIGHTING IN THE FIRST DEGREE.
   42          280.20 ANIMAL CRUELTY IN THE SECOND DEGREE.
   43          280.25 ANIMAL CRUELTY IN THE FIRST DEGREE.
   44          280.26 ABANDONMENT OF AN ANIMAL; DEFENSE.
   45          280.30 UNLAWFUL  DEALING  WITH DOMESTIC ANIMALS USED FOR RACING,
   46                   BREEDING, OR COMPETITIVE EXHIBITION OF SKILL, BREED  OR
   47                   STAMINA.
   48          280.35 ENDANGERING THE WELFARE OF ANIMALS.
   49          280.40 ANIMAL ABDUCTION IN THE THIRD DEGREE.
   50          280.45 ANIMAL ABDUCTION IN THE SECOND DEGREE.
   51          280.50 ANIMAL ABDUCTION IN THE FIRST DEGREE.
   52          280.55 UNAUTHORIZED POSSESSION OF ANIMAL PRESUMPTIVE EVIDENCE OF
   53                   RESTRAINT AND ABDUCTION.
   54          280.60 APPROPRIATE SHELTER FOR DOGS LEFT OUTDOORS.
   55          280.65 CONFINEMENT  OF  COMPANION  ANIMALS  IN VEHICLES; EXTREME
   56                   TEMPERATURES.
       S. 6730                             5
    1          280.70 LEAVING NEW YORK STATE TO AVOID PROVISIONS OF THIS  ARTI-
    2                   CLE.
    3          280.75 EVIDENTIARY  AND IMPOUNDMENT PROCEDURES BY MEMBERS OF LAW
    4                   ENFORCEMENT.
    5          280.80 SPECIAL SENTENCING PROVISIONS APPLICABLE.
    6  S 280.00 DEFINITIONS.
    7    THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS ARTICLE:
    8    1. "ANIMAL" INCLUDES EVERY LIVING CREATURE EXCEPT A HUMAN BEING.
    9    2. "TORTURE" OR "CRUELTY" INCLUDES EVERY ACT,  OMISSION,  OR  NEGLECT,
   10  WHEREBY  UNJUSTIFIABLE  PHYSICAL  PAIN,  SUFFERING OR DEATH IS CAUSED OR
   11  PERMITTED.
   12    3. "AGGRAVATED CRUELTY" SHALL MEAN CONDUCT THAT IS INTENDED  TO  CAUSE
   13  EXTREME PHYSICAL PAIN, CONDUCT THAT IS DONE OR CARRIED OUT IN A DEPRAVED
   14  OR  SADISTIC MANNER, OR CONDUCT WHICH CAUSES A SIGNIFICANT RISK OF DEATH
   15  OR SERIOUS BODILY HARM.
   16    4. "ADOPTION" MEANS THE DELIVERY OF ANY ANIMAL, SEIZED OR SURRENDERED,
   17  TO ANY NATURAL PERSON EIGHTEEN YEARS OF AGE OR OLDER,  FOR  THE  LIMITED
   18  PURPOSE OF HARBORING SUCH ANIMAL AS A PET.
   19    5.  "FARM  ANIMAL"  MEANS  ANY  UNGULATE,  POULTRY, SPECIES OF CATTLE,
   20  SHEEP, SWINE, GOATS, LLAMAS, HORSES OR FUR-BEARING ANIMALS,  AS  DEFINED
   21  IN  SECTION  11-1907  OF  THE  ENVIRONMENTAL CONSERVATION LAW, WHICH ARE
   22  RAISED FOR COMMERCIAL  OR  SUBSISTENCE  PURPOSES.  "FUR-BEARING  ANIMAL"
   23  SHALL NOT INCLUDE DOGS OR CATS.
   24    6.  "COMPANION  ANIMAL"  OR "PET" MEANS ANY DOG OR CAT, AND SHALL ALSO
   25  MEAN ANY OTHER DOMESTICATED ANIMAL NORMALLY MAINTAINED IN  OR  NEAR  THE
   26  HOUSEHOLD  OF  THE OWNER OR PERSON WHO CARES FOR SUCH OTHER DOMESTICATED
   27  ANIMAL. "PET" OR "COMPANION ANIMAL" SHALL NOT INCLUDE A "FARM ANIMAL" AS
   28  DEFINED IN THIS SECTION.
   29    7. "ANIMAL FIGHTING" SHALL MEAN  ANY  FIGHT  BETWEEN  COCKS  OR  OTHER
   30  BIRDS,  OR  BETWEEN  DOGS, BULLS, BEARS OR ANY OTHER ANIMALS, OR BETWEEN
   31  ANY SUCH ANIMAL AND A PERSON OR PERSONS, EXCEPT IN EXHIBITIONS OF A KIND
   32  COMMONLY FEATURED AT RODEOS.
   33    8. "ABANDONS" MEANS ANY ACTION TAKEN THAT REFLECTS  WILLFUL  DEPARTURE
   34  FROM  THE  OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR CUSTODY OF AN
   35  ANIMAL, WITHOUT MAKING ADEQUATE PROVISIONS FOR THE ANIMAL'S FUTURE CARE.
   36    9. "RESTRAIN" MEANS TO RESTRICT AN  ANIMAL'S  MOVEMENTS  INTENTIONALLY
   37  AND  UNLAWFULLY  IN  SUCH  MANNER AS TO INTERFERE SUBSTANTIALLY WITH ITS
   38  LIBERTY BY MOVING IT FROM ONE PLACE  TO  ANOTHER,  OR  BY  CONFINING  IT
   39  EITHER  IN  THE  PLACE  WHERE THE RESTRICTION COMMENCES OR IN A PLACE TO
   40  WHICH IT HAS BEEN MOVED, WITH KNOWLEDGE THAT THE RESTRICTION  IS  UNLAW-
   41  FUL.
   42    10.  "ABDUCT"  MEANS  TO RESTRAIN AN ANIMAL WITH INTENT TO PREVENT ITS
   43  LIBERATION BY SECRETING OR HOLDING IT IN A PLACE WHERE IT IS NOT  LIKELY
   44  TO BE FOUND.
   45  S 280.05 PROMOTING ANIMAL FIGHTING IN THE SECOND DEGREE.
   46    A  PERSON  IS GUILTY OF PROMOTING ANIMAL FIGHTING IN THE SECOND DEGREE
   47  WHEN SUCH PERSON:
   48   1. OWNS, POSSESSES, OR KEEPS ANY ANIMAL UNDER ANY CIRCUMSTANCE EVINCING
   49  AN INTENT THAT SUCH ANIMAL ENGAGE IN ANIMAL FIGHTING; OR
   50    2. PAYS AN ADMISSION FEE, MAKES A WAGER, OR IS  OTHERWISE  PRESENT  AT
   51  ANY PLACE WHERE AN EXHIBITION OF ANIMAL FIGHTING IS BEING CONDUCTED, AND
   52  SUCH PERSON HAS KNOWLEDGE THAT SUCH AN EXHIBITION IS BEING CONDUCTED.
   53    PROMOTING  ANIMAL  FIGHTING  IN  THE  SECOND  DEGREE IS A MISDEMEANOR,
   54  PUNISHABLE BY IMPRISONMENT FOR A PERIOD NOT TO EXCEED ONE YEAR, OR BY  A
   55  FINE, OR BY BOTH SUCH FINE AND IMPRISONMENT. IN THE EVENT OF A VIOLATION
   56  OF  SUBDIVISION  ONE  OF THIS SECTION, THE FINE SHALL NOT EXCEED FIFTEEN
       S. 6730                             6
    1  THOUSAND DOLLARS. IN THE EVENT OF A VIOLATION OF SUBDIVISION TWO OF THIS
    2  SECTION, THE FINE SHALL NOT EXCEED ONE THOUSAND DOLLARS.
    3  S 280.10 PROMOTING ANIMAL FIGHTING IN THE FIRST DEGREE.
    4    A  PERSON  IS  GUILTY OR PROMOTING ANIMAL FIGHTING IN THE FIRST DEGREE
    5  WHEN SUCH PERSON:
    6    1. INTENTIONALLY CAUSES AN ANIMAL TO ENGAGE IN ANIMAL FIGHTING; OR
    7    2. TRAINS AN ANIMAL UNDER CIRCUMSTANCES EVINCING AN INTENT  THAT  SUCH
    8  ANIMAL ENGAGE IN ANIMAL FIGHTING; OR
    9    3.  BREEDS,  SELLS  OR  OFFERS  FOR SALE AN ANIMAL UNDER CIRCUMSTANCES
   10  EVINCING AN INTENT THAT SUCH ANIMAL ENGAGE IN ANIMAL FIGHTING; OR
   11    4. PERMITS ANY ACT DESCRIBED IN SUBDIVISION ONE, TWO OR THREE OF  THIS
   12  SECTION TO OCCUR ON PREMISES UNDER HIS OR HER CONTROL; OR
   13    5.  OWNS,  POSSESSES  OR  KEEPS ANY ANIMAL TRAINED TO ENGAGE IN ANIMAL
   14  FIGHTING ON PREMISES WHERE AN EXHIBITION OF  ANIMAL  FIGHTING  IS  BEING
   15  CONDUCTED UNDER CIRCUMSTANCES EVINCING AN INTENT THAT SUCH ANIMAL ENGAGE
   16  IN ANIMAL FIGHTING.
   17    PROMOTING  ANIMAL FIGHTING IN THE FIRST DEGREE IS A FELONY, PUNISHABLE
   18  BY IMPRISONMENT FOR A PERIOD NOT TO EXCEED FOUR YEARS, OR BY A FINE  NOT
   19  TO  EXCEED TWENTY-FIVE THOUSAND DOLLARS, OR BY BOTH SUCH FINE AND IMPRI-
   20  SONMENT.
   21  S 280.20 ANIMAL CRUELTY IN THE SECOND DEGREE.
   22    A PERSON IS GUILTY OF ANIMAL CRUELTY IN THE SECOND DEGREE WHEN:
   23    1. HAVING OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR  CUSTODY  OF
   24  AN ANIMAL, SUCH PERSON KNOWINGLY:
   25    (A)  DEPRIVES  SUCH ANIMAL OF FOOD, DRINK, VETERINARY CARE, OR SHELTER
   26  ADEQUATE TO  MAINTAIN  THE  ANIMAL'S  HEALTH  AND  COMFORT;  OR  CAUSES,
   27  PROCURES,  OR PERMITS SUCH ANIMAL TO BE DEPRIVED OF FOOD, DRINK, VETERI-
   28  NARY CARE, OR SHELTER ADEQUATE  TO  MAINTAIN  THE  ANIMAL'S  HEALTH  AND
   29  COMFORT; OR
   30    (B) ABANDONS SUCH ANIMAL, OR LEAVES AN ANIMAL TO DIE IN A STREET, ROAD
   31  OR PUBLIC PLACE, OR WHO ALLOWS AN ANIMAL, IF IT BECOMES DISABLED, TO LIE
   32  IN A PUBLIC STREET, ROAD OR PUBLIC PLACE; OR
   33    2.  REGARDLESS  OF  OWNERSHIP,  POSSESSION,  CARE,  CONTROL, CHARGE OR
   34  CUSTODY, SUCH PERSON KNOWINGLY:
   35    (A) OVERDRIVES, OVERLOADS, TORTURES, OR BEATS ANY ANIMAL,  OR  CAUSES,
   36  PROCURES,  OR PERMITS ANY ANIMAL TO BE OVERDRIVEN, OVERLOADED, TORTURED,
   37  OR BEATEN; OR
   38    (B) UNJUSTIFIABLY INJURES, MAIMS, MUTILATES, OR KILLS ANY  ANIMAL,  OR
   39  CAUSES,  PROCURES,  OR  PERMITS  ANY ANIMAL TO BE UNJUSTIFIABLY INJURED,
   40  MAIMED, MUTILATED, OR KILLED; OR
   41    (C) CARRIES OR CAUSES TO BE CARRIED ANY ANIMAL IN A CRUEL AND INHUMANE
   42  MANNER, OR SO AS TO PRODUCE TORTURE; OR
   43    (D) ENGAGES IN, OR IN ANY WAY FURTHERS  ANY  ACT  OF  CRUELTY  TO  ANY
   44  ANIMAL, OR ANY ACT TENDING TO PRODUCE SUCH CRUELTY; OR
   45    (E)  UNJUSTIFIABLY  ADMINISTERS  ANY  POISONOUS  OR  NOXIOUS  DRUG  OR
   46  SUBSTANCE TO AN ANIMAL, OTHER THAN A HORSE, MULE OR DOMESTIC CATTLE,  OR
   47  UNJUSTIFIABLY  EXPOSES  ANY SUCH DRUG OR SUBSTANCE WITH INTENT THAT SUCH
   48  SHALL BE TAKEN BY AN ANIMAL OTHER THAN HORSE, MULE, OR DOMESTIC CATTLE.
   49    NOTHING HEREIN CONTAINED SHALL BE CONSTRUED TO PROHIBIT  OR  INTERFERE
   50  WITH  ANY  PROPERLY CONDUCTED SCIENTIFIC TESTS, EXPERIMENTS, OR INVESTI-
   51  GATIONS INVOLVING THE USE OF LIVING ANIMALS, PERFORMED OR  CONDUCTED  IN
   52  LABORATORIES  OR  INSTITUTIONS, WHICH ARE APPROVED FOR THESE PURPOSES BY
   53  THE COMMISSIONER OF HEALTH. THE COMMISSIONER OF HEALTH  SHALL  PRESCRIBE
   54  THE RULES UNDER WHICH SUCH APPROVALS SHALL BE GRANTED, INCLUDING THEREIN
   55  STANDARDS  REGARDING  THE  CARE  AND TREATMENT OF ANY SUCH ANIMALS. SUCH
   56  RULES SHALL BE PUBLISHED AND COPIES THEREOF CONSPICUOUSLY POSTED IN EACH
       S. 6730                             7
    1  SUCH LABORATORY OR INSTITUTION. THE COMMISSIONER OF HEALTH OR HIS OR HER
    2  DULY AUTHORIZED REPRESENTATIVE SHALL HAVE  THE  POWER  TO  INSPECT  SUCH
    3  LABORATORIES  OR  INSTITUTIONS  TO INSURE COMPLIANCE WITH SUCH RULES AND
    4  STANDARDS.  EACH SUCH APPROVAL MAY BE REVOKED AT ANY TIME FOR FAILURE TO
    5  COMPLY WITH SUCH RULES AND IN ANY CASE THE APPROVAL SHALL BE LIMITED  TO
    6  A PERIOD NOT EXCEEDING ONE YEAR.
    7    ANIMAL CRUELTY IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR.
    8  S 280.25 ANIMAL CRUELTY IN THE FIRST DEGREE.
    9    A  PERSON IS GUILTY OF ANIMAL CRUELTY IN THE FIRST DEGREE WHEN, HAVING
   10  NO JUSTIFIABLE PURPOSE, SUCH PERSON:
   11    1. INTENTIONALLY KILLS OR INTENTIONALLY CAUSES SERIOUS PHYSICAL INJURY
   12  TO A COMPANION ANIMAL; OR
   13    2. KNOWINGLY INSTIGATES, ENGAGES IN, OR IN ANY WAY FURTHERS AN ACT  OF
   14  AGGRAVATED CRUELTY TO ANY ANIMAL; OR
   15    3.  ADMINISTERS ANY POISONOUS OR NOXIOUS DRUG OR SUBSTANCE TO A HORSE,
   16  MULE, OR DOMESTIC CATTLE OR EXPOSES ANY SUCH DRUG OR  SUBSTANCE  TO  THE
   17  ANIMAL  WITH THE INTENT THAT THE ANIMAL TAKE THE SAME, REGARDLESS OF THE
   18  ANIMAL'S OWNERSHIP; OR
   19    4. COMMITS THE CRIME  OF  ANIMAL  CRUELTY  IN  THE  SECOND  DEGREE  IN
   20  VIOLATION  OF  SECTION  280.20  OF  THIS ARTICLE AND HAS PREVIOUSLY BEEN
   21  CONVICTED, WITHIN THE PRECEDING TEN YEARS,  OF  ANIMAL  CRUELTY  IN  THE
   22  SECOND DEGREE.
   23    NOTHING  CONTAINED  IN  THIS SECTION SHALL BE CONSTRUED TO PROHIBIT OR
   24  INTERFERE IN ANY WAY WITH ANYONE LAWFULLY ENGAGED IN HUNTING,  TRAPPING,
   25  OR FISHING, AS PROVIDED IN ARTICLE ELEVEN OF THE ENVIRONMENTAL CONSERVA-
   26  TION  LAW,  THE  DISPATCH  OF  RABID OR DISEASED ANIMALS, AS PROVIDED IN
   27  ARTICLE TWENTY-ONE OF THE PUBLIC HEALTH LAW, OR THE DISPATCH OF  ANIMALS
   28  POSING  A  THREAT TO HUMAN SAFETY OR OTHER ANIMALS, WHERE SUCH ACTION IS
   29  OTHERWISE LEGALLY  AUTHORIZED,  OR  ANY  PROPERLY  CONDUCTED  SCIENTIFIC
   30  TESTS,  EXPERIMENTS,  OR  INVESTIGATIONS  INVOLVING  THE  USE  OF LIVING
   31  ANIMALS, PERFORMED OR CONDUCTED IN LABORATORIES OR INSTITUTIONS APPROVED
   32  FOR SUCH PURPOSES BY THE COMMISSIONER  OF  HEALTH  PURSUANT  TO  SECTION
   33  280.20 OF THIS ARTICLE.
   34    ANIMAL CRUELTY IN THE FIRST DEGREE IS A CLASS D FELONY.
   35  S 280.26 ABANDONMENT OF AN ANIMAL; DEFENSE.
   36    IN  A  PROSECUTION  FOR  ABANDONMENT  OF AN ANIMAL OR PET, PURSUANT TO
   37  PARAGRAPH (B) OF SUBDIVISION ONE OF  SECTION  280.20  OF  THIS  ARTICLE,
   38  BASED  UPON  AN ALLEGED DESERTION OF AN ANIMAL OR PET, WITH AN INTENT TO
   39  WHOLLY ABANDON SUCH PET OR ANIMAL, IT IS AN  AFFIRMATIVE  DEFENSE  THAT,
   40  WITH  THE INTENT THAT THE ANIMAL OR PET BE SAFE FROM PHYSICAL INJURY AND
   41  CARED FOR IN AN APPROPRIATE MANNER, THE DEFENDANT LEFT THE ANIMAL OR PET
   42  WITH AN APPROPRIATE PERSON OR IN A SUITABLE LOCATION AND PROMPTLY  NOTI-
   43  FIED AN APPROPRIATE PERSON OF SUCH ANIMAL OR PET'S LOCATION.
   44  S 280.30 UNLAWFUL DEALING  WITH DOMESTIC ANIMALS USED FOR RACING, BREED-
   45             ING, OR COMPETITIVE EXHIBITION OF SKILL, BREED OR STAMINA.
   46    A PERSON IS GUILTY OF UNLAWFUL DEALING WITH DOMESTIC ANIMALS USED  FOR
   47  RACING,  BREEDING, OR COMPETITIVE EXHIBITION OF SKILL, BREED, OR STAMINA
   48  WHEN, REGARDLESS OF OWNERSHIP,  POSSESSION,  CARE,  CONTROL,  CHARGE  OR
   49  CUSTODY, SUCH PERSON:
   50    1.  COMMITS  THE  CRIME  OF  ANIMAL  CRUELTY  IN  THE SECOND DEGREE IN
   51  VIOLATION OF SECTION 280.20 OF THIS ARTICLE, AND SUCH ANIMAL IS A HORSE,
   52  MULE, DOG, OR ANY DOMESTIC ANIMAL  USED  FOR  THE  PURPOSES  OF  RACING,
   53  BREEDING OR COMPETITIVE EXHIBITION OF SKILL, BREED, OR STAMINA; OR
   54    2.  INTERFERES  WITH,  INJURES,  DESTROYS,  OR TAMPERS WITH ANY HORSE,
   55  MULE, DOG, OR ANY DOMESTIC ANIMAL  USED  FOR  THE  PURPOSES  OF  RACING,
   56  BREEDING, OR COMPETITIVE EXHIBITION OF SKILL, BREED, OR STAMINA.
       S. 6730                             8
    1    UNLAWFUL  DEALING  WITH  DOMESTIC ANIMALS USED FOR RACING, BREEDING OR
    2  COMPETITIVE EXHIBITION OF SKILL, BREED OR STAMINA IS A CLASS E FELONY.
    3  S 280.35 ENDANGERING THE WELFARE OF ANIMALS.
    4    A  PERSON  IS  GUILTY OF ENDANGERING THE WELFARE OF ANIMALS WHEN, WITH
    5  THE INTENT TO CAUSE INJURY TO AN ANIMAL, OR RECKLESSLY CREATING  A  RISK
    6  THEREOF, SUCH PERSON:
    7    1.  CREATES  A  HAZARDOUS  OR  PHYSICALLY  OFFENSIVE CONDITION FOR ANY
    8  ANIMAL BY ANY ACT THAT SERVES NO LEGITIMATE PURPOSE; OR
    9    2. THROWS, DROPS OR PLACES, OR CAUSES TO BE THROWN, DROPPED OR  PLACED
   10  IN  A PUBLIC PLACE, A SUBSTANCE THAT MIGHT WOUND, DISABLE, OR INJURE ANY
   11  ANIMAL.
   12    ENDANGERING THE WELFARE OF ANIMALS IS A VIOLATION.
   13  S 280.40 ANIMAL ABDUCTION IN THE THIRD DEGREE.
   14    A PERSON IS GUILTY OF ANIMAL ABDUCTION IN THE THIRD DEGREE  WHEN  SUCH
   15  PERSON  RESTRAINS A COMPANION ANIMAL WITHOUT THE CONSENT OF THE INDIVID-
   16  UAL HAVING OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR CUSTODY  OVER
   17  SAID COMPANION ANIMAL.
   18    ANIMAL ABDUCTION IN THE THIRD DEGREE IS A CLASS B MISDEMEANOR.
   19  S 280.45 ANIMAL ABDUCTION IN THE SECOND DEGREE.
   20    A  PERSON IS GUILTY OF ANIMAL ABDUCTION IN THE SECOND DEGREE WHEN SUCH
   21  PERSON ABDUCTS A COMPANION ANIMAL WITHOUT THE CONSENT OF THE  INDIVIDUAL
   22  HAVING OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR CUSTODY OVER SAID
   23  COMPANION ANIMAL.
   24    ANIMAL ABDUCTION IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR.
   25  S 280.50 ANIMAL ABDUCTION IN THE FIRST DEGREE.
   26    A  PERSON  IS GUILTY OF ANIMAL ABDUCTION IN THE FIRST DEGREE WHEN SUCH
   27  PERSON ABDUCTS OR RESTRAINS A COMPANION ANIMAL WITHOUT  THE  CONSENT  OF
   28  THE  INDIVIDUAL  HAVING  OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR
   29  CUSTODY OVER SAID COMPANION ANIMAL, AND WHEN:
   30    1. SUCH PERSON'S INTENT IS TO COMPEL THE  PAYMENT  OR  DELIVERANCE  OF
   31  MONEY  OR  PROPERTY AS RANSOM, OR TO ENGAGE IN OTHER PARTICULAR CONDUCT,
   32  OR TO REFRAIN FROM ENGAGING IN PARTICULAR CONDUCT; OR
   33    2. SUCH PERSON CAUSES PHYSICAL INJURY TO THE COMPANION ANIMAL; OR
   34    3. THE COMPANION ANIMAL DIES DURING THE ABDUCTION OR BEFORE IT IS ABLE
   35  TO RETURN OR BE RETURNED TO SAFETY. SUCH DEATH SHALL  BE  PRESUMED  FROM
   36  EVIDENCE   THAT  THE  INDIVIDUAL  HAVING  OWNERSHIP,  POSSESSION,  CARE,
   37  CONTROL, CHARGE OR CUSTODY OVER SAID COMPANION ANIMAL DID  NOT  SEE  THE
   38  ANIMAL FOLLOWING THE TERMINATION OF THE ABDUCTION AND PRIOR TO TRIAL AND
   39  RECEIVED  NO  RELIABLE INFORMATION DURING SUCH PERIOD PERSUASIVELY INDI-
   40  CATING THAT SUCH ANIMAL WAS ALIVE.
   41    ANIMAL ABDUCTION IN THE FIRST DEGREE IS A CLASS D FELONY.
   42  S 280.55 UNAUTHORIZED  POSSESSION  OF  ANIMAL  PRESUMPTIVE  EVIDENCE  OF
   43             RESTRAINT AND ABDUCTION.
   44    THE  UNAUTHORIZED POSSESSION OF A COMPANION ANIMAL BY ANY PERSON WITH-
   45  OUT THE CONSENT OF THE INDIVIDUAL HAVING  OWNERSHIP,  POSSESSION,  CARE,
   46  CONTROL,  CHARGE  OR  CUSTODY  OVER  SAID COMPANION ANIMAL, FOR A PERIOD
   47  EXCEEDING TEN DAYS, WITHOUT NOTIFYING EITHER SAID INDIVIDUAL, THE  LOCAL
   48  POLICE  AUTHORITIES,  OR  THE  OFFICE OF THE SUPERINTENDENT OF THE STATE
   49  POLICE LOCATED IN  ALBANY,  NEW  YORK,  OF  SUCH  POSSESSION,  SHALL  BE
   50  PRESUMPTIVE EVIDENCE OF RESTRAINT AND ABDUCTION.
   51  S 280.60 APPROPRIATE SHELTER FOR DOGS LEFT OUTDOORS.
   52    1. FOR PURPOSES OF THIS SECTION:
   53    (A)  "PHYSICAL CONDITION" SHALL INCLUDE ANY SPECIAL MEDICAL NEEDS OF A
   54  DOG DUE TO DISEASE, ILLNESS, INJURY, AGE OR BREED ABOUT WHICH THE  OWNER
   55  OR PERSON WITH CUSTODY OR CONTROL OF THE DOG SHOULD REASONABLY BE AWARE.
       S. 6730                             9
    1    (B)  "INCLEMENT WEATHER" SHALL MEAN WEATHER CONDITIONS THAT ARE LIKELY
    2  TO ADVERSELY AFFECT THE HEALTH OR SAFETY OF THE DOG, INCLUDING  BUT  NOT
    3  LIMITED TO RAIN, SLEET, ICE, SNOW, WIND, OR EXTREME HEAT AND COLD.
    4    (C) "DOGS THAT ARE LEFT OUTDOORS" SHALL MEAN DOGS THAT ARE OUTDOORS IN
    5  INCLEMENT  WEATHER  WITHOUT  READY ACCESS TO, OR THE ABILITY TO ENTER, A
    6  HOUSE, APARTMENT BUILDING,  OFFICE  BUILDING,  OR  ANY  OTHER  PERMANENT
    7  STRUCTURE  THAT  COMPLIES WITH THE STANDARDS ENUMERATED IN PARAGRAPH (B)
    8  OF SUBDIVISION THREE OF THIS SECTION.
    9    2. (A) ANY PERSON WHO OWNS OR HAS CUSTODY OR CONTROL OF A DOG THAT  IS
   10  LEFT  OUTDOORS  SHALL  PROVIDE IT WITH SHELTER APPROPRIATE TO ITS BREED,
   11  PHYSICAL CONDITION AND CLIMATE. ANY PERSON WHO  KNOWINGLY  VIOLATES  THE
   12  PROVISIONS OF THIS SECTION SHALL BE GUILTY OF A VIOLATION, PUNISHABLE BY
   13  A  FINE OF NOT LESS THAN FIFTY DOLLARS NOR MORE THAN ONE HUNDRED DOLLARS
   14  FOR A FIRST OFFENSE, AND A FINE OF NOT LESS THAN ONE HUNDRED DOLLARS NOR
   15  MORE THAN TWO HUNDRED FIFTY DOLLARS FOR A SECOND AND SUBSEQUENT OFFENSE.
   16  BEGINNING SEVENTY-TWO HOURS AFTER A CHARGE OF  VIOLATING  THIS  SECTION,
   17  EACH  DAY  THAT A DEFENDANT FAILS TO CORRECT THE DEFICIENCIES IN THE DOG
   18  SHELTER FOR A DOG THAT HE OR SHE OWNS OR THAT IS IN HIS OR  HER  CUSTODY
   19  OR  CONTROL AND THAT IS LEFT OUTDOORS, SO AS TO BRING IT INTO COMPLIANCE
   20  WITH THE PROVISIONS OF THIS SECTION SHALL CONSTITUTE A SEPARATE OFFENSE.
   21    (B) THE COURT MAY, IN ITS DISCRETION, REDUCE THE AMOUNT  OF  ANY  FINE
   22  IMPOSED  FOR A VIOLATION OF THIS SECTION BY THE AMOUNT WHICH THE DEFEND-
   23  ANT PROVES HE OR SHE HAS SPENT PROVIDING A DOG SHELTER OR  REPAIRING  AN
   24  EXISTING  DOG  SHELTER SO THAT IT COMPLIES WITH THE REQUIREMENTS OF THIS
   25  SECTION. NOTHING IN THIS PARAGRAPH SHALL PREVENT THE SEIZURE  OF  A  DOG
   26  FOR  A  VIOLATION  OF  THIS SECTION PURSUANT TO THE AUTHORITY GRANTED IN
   27  THIS ARTICLE.
   28    3. MINIMUM STANDARDS FOR DETERMINING WHETHER SHELTER IS APPROPRIATE TO
   29  A DOG'S BREED, PHYSICAL CONDITION AND THE CLIMATE SHALL INCLUDE:
   30    (A) FOR DOGS THAT ARE RESTRAINED IN  ANY  MANNER  OUTDOORS,  SHADE  BY
   31  NATURAL  OR  ARTIFICIAL MEANS TO PROTECT THE DOG FROM DIRECT SUNLIGHT AT
   32  ALL TIMES WHEN EXPOSURE TO SUNLIGHT IS LIKELY TO THREATEN THE HEALTH  OF
   33  THE DOG.
   34    (B)  FOR ALL DOGS THAT ARE LEFT OUTDOORS IN INCLEMENT WEATHER, A HOUS-
   35  ING FACILITY, WHICH MUST: (1) HAVE A  WATERPROOF  ROOF;  (2)  BE  STRUC-
   36  TURALLY  SOUND  WITH INSULATION APPROPRIATE TO LOCAL CLIMATIC CONDITIONS
   37  AND SUFFICIENT TO  PROTECT  THE  DOG  FROM  INCLEMENT  WEATHER;  (3)  BE
   38  CONSTRUCTED  TO  ALLOW  EACH  DOG  ADEQUATE  FREEDOM OF MOVEMENT TO MAKE
   39  NORMAL POSTURAL ADJUSTMENTS, INCLUDING THE ABILITY  TO  STAND  UP,  TURN
   40  AROUND  AND  LIE  DOWN  WITH  ITS  LIMBS OUTSTRETCHED; AND (4) ALLOW FOR
   41  EFFECTIVE REMOVAL OF EXCRETIONS, OTHER WASTE MATERIAL, DIRT  AND  TRASH.
   42  THE  HOUSING  FACILITY  AND THE AREA IMMEDIATELY SURROUNDING IT SHALL BE
   43  REGULARLY CLEANED TO MAINTAIN A HEALTHY AND SANITARY ENVIRONMENT AND  TO
   44  MINIMIZE HEALTH HAZARDS.
   45    4.  INADEQUATE SHELTER MAY BE INDICATED BY THE APPEARANCE OF THE HOUS-
   46  ING FACILITY ITSELF, INCLUDING BUT  NOT  LIMITED  TO,  SIZE,  STRUCTURAL
   47  SOUNDNESS,  EVIDENCE  OF CROWDING WITHIN THE HOUSING FACILITY, HEALTHFUL
   48  ENVIRONMENT IN THE AREA IMMEDIATELY SURROUNDING SUCH FACILITY, OR BY THE
   49  APPEARANCE OR PHYSICAL CONDITION OF THE DOG.
   50    5. UPON A FINDING OF ANY VIOLATION OF THIS SECTION, ANY  DOG  OR  DOGS
   51  SEIZED  PURSUANT  TO  THE  PROVISIONS OF THIS ARTICLE THAT HAVE NOT BEEN
   52  VOLUNTARILY SURRENDERED BY THE OWNER OR CUSTODIAN OR FORFEITED  PURSUANT
   53  TO  COURT  ORDER  SHALL  BE RETURNED TO THE OWNER OR CUSTODIAN ONLY UPON
   54  PROOF THAT APPROPRIATE SHELTER AS REQUIRED  BY  THIS  SECTION  IS  BEING
   55  PROVIDED.
       S. 6730                            10
    1    6.   NOTHING  IN  THIS  SECTION  SHALL  BE  CONSTRUED  TO  AFFECT  ANY
    2  PROTECTIONS AFFORDED TO DOGS OR OTHER ANIMALS UNDER ANY OTHER PROVISIONS
    3  OF THIS ARTICLE.
    4  S 280.65 CONFINEMENT  OF  COMPANION ANIMALS IN VEHICLES; EXTREME TEMPER-
    5             ATURES.
    6    1. A PERSON SHALL NOT CONFINE A COMPANION ANIMAL IN A MOTOR VEHICLE IN
    7  EXTREME HEAT OR COLD WITHOUT PROPER VENTILATION OR OTHER PROTECTION FROM
    8  SUCH EXTREME TEMPERATURES WHERE SUCH CONFINEMENT  PLACES  THE  COMPANION
    9  ANIMAL  IN  IMMINENT  DANGER  OF DEATH OR SERIOUS PHYSICAL INJURY DUE TO
   10  EXPOSURE TO SUCH EXTREME HEAT OR COLD.
   11    2. WHERE THE OPERATOR OF SUCH A VEHICLE CANNOT BE PROMPTLY LOCATED,  A
   12  POLICE  OFFICER, PEACE OFFICER, OR PEACE OFFICER ACTING AS AN AGENT OF A
   13  DULY INCORPORATED HUMANE SOCIETY MAY TAKE NECESSARY STEPS TO REMOVE  THE
   14  ANIMAL OR ANIMALS FROM THE VEHICLE.
   15    3.  POLICE OFFICERS, PEACE OFFICERS OR PEACE OFFICERS ACTING AS AGENTS
   16  OF A DULY INCORPORATED HUMANE SOCIETY REMOVING AN ANIMAL OR ANIMALS FROM
   17  A VEHICLE PURSUANT TO THIS SECTION SHALL PLACE A WRITTEN NOTICE ON OR IN
   18  THE VEHICLE, BEARING THE NAME OF THE OFFICER OR AGENT, AND  THE  DEPART-
   19  MENT OR AGENCY AND ADDRESS WHERE THE ANIMAL OR ANIMALS WILL BE TAKEN.
   20    4.  AN  ANIMAL  OR  ANIMALS  REMOVED  FROM  A VEHICLE PURSUANT TO THIS
   21  SECTION SHALL, AFTER  RECEIPT  OF  ANY  NECESSARY  EMERGENCY  VETERINARY
   22  TREATMENT, BE DELIVERED TO THE DULY INCORPORATED HUMANE SOCIETY OR SOCI-
   23  ETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, OR DESIGNATED AGENT THERE-
   24  OF, IN THE JURISDICTION WHERE THE ANIMAL OR ANIMALS WERE SEIZED.
   25    5. ANY PERSON WHO KNOWINGLY VIOLATES THE PROVISIONS OF SUBDIVISION ONE
   26  OF  THIS SECTION SHALL BE GUILTY OF A VIOLATION, PUNISHABLE BY A FINE OF
   27  NOT LESS THAN FIFTY DOLLARS NOR MORE THAN  ONE  HUNDRED  DOLLARS  FOR  A
   28  FIRST  OFFENSE, AND A FINE OF NOT LESS THAN ONE HUNDRED DOLLARS NOR MORE
   29  THAN TWO HUNDRED AND FIFTY DOLLARS FOR A SECOND AND SUBSEQUENT OFFENSES.
   30    6. OFFICERS SHALL NOT BE HELD CRIMINALLY OR CIVILLY LIABLE FOR ACTIONS
   31  TAKEN REASONABLY AND IN GOOD FAITH IN CARRYING  OUT  THE  PROVISIONS  OF
   32  THIS SECTION.
   33    7.  NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO AFFECT ANY
   34  OTHER  PROTECTIONS  AFFORDED  TO  COMPANION  ANIMALS  UNDER  ANY   OTHER
   35  PROVISIONS OF THIS ARTICLE.
   36  S 280.70 LEAVING NEW YORK STATE TO AVOID PROVISIONS OF THIS ARTICLE.
   37    A  PERSON  WHO  LEAVES  THIS  STATE  WITH  INTENT  TO ELUDE ANY OF THE
   38  PROVISIONS OF THIS ARTICLE OR TO COMMIT ANY ACT OUT OF THIS STATE  WHICH
   39  IS  PROHIBITED  BY THEM OR WHO, BEING A RESIDENT OF THIS STATE, DOES ANY
   40  ACT WITHOUT THIS STATE, PURSUANT TO SUCH INTENT, WHICH WOULD BE PUNISHA-
   41  BLE UNDER SUCH PROVISIONS, IF COMMITTED WITHIN THIS STATE, IS PUNISHABLE
   42  IN THE SAME MANNER AS IF SUCH ACT HAD BEEN COMMITTED WITHIN THIS STATE.
   43  S 280.75 EVIDENTIARY  AND  IMPOUNDMENT  PROCEDURES  BY  MEMBERS  OF  LAW
   44             ENFORCEMENT.
   45    MATTERS  RELATING  TO  THE  SEIZURE,  ADOPTION,  CARE, DISPOSITION AND
   46  DESTRUCTION OF ANIMALS BY MEMBERS OF LAW ENFORCEMENT AND  MEMBERS  OF  A
   47  DULY  INCORPORATED  SOCIETY  FOR  THE  PREVENTION  OF CRUELTY TO ANIMALS
   48  CHARGED TO ENFORCE THIS ARTICLE, ANCILLARY TO SUCH ENFORCEMENT  OF  THIS
   49  ARTICLE,  SHALL BE GOVERNED BY ARTICLE TWENTY-SIX OF THE AGRICULTURE AND
   50  MARKETS LAW AND ARTICLE SIX HUNDRED NINETY  OF  THE  CRIMINAL  PROCEDURE
   51  LAW.
   52  S 280.80 SPECIAL SENTENCING PROVISIONS APPLICABLE.
   53    IN  ADDITION  TO  ANY  OTHER  PENALTY  PROVIDED BY LAW, THE SENTENCING
   54  PROVISIONS CONTAINED IN SECTION THREE HUNDRED EIGHTY OF THE  AGRICULTURE
   55  AND MARKETS LAW SHALL BE APPLICABLE TO VIOLATIONS OF THIS ARTICLE.
       S. 6730                            11
    1    S  10.  Paragraph  (c)  of subdivision 1 of section 70.02 of the penal
    2  law, as amended by chapter 405 of the laws of 2010, is amended  to  read
    3  as follows:
    4    (c)  Class  D violent felony offenses: an attempt to commit any of the
    5  class C felonies set forth in paragraph (b); reckless assault of a child
    6  as defined in section 120.02, assault in the second degree as defined in
    7  section 120.05, menacing a police officer or peace officer as defined in
    8  section 120.18, stalking in the first degree, as defined in  subdivision
    9  one  of section 120.60, strangulation in the second degree as defined in
   10  section 121.12, rape in the second degree as defined in section  130.30,
   11  criminal  sexual  act in the second degree as defined in section 130.45,
   12  sexual abuse in the first degree as defined in section 130.65, course of
   13  sexual conduct against a child  in  the  second  degree  as  defined  in
   14  section  130.80,  aggravated sexual abuse in the third degree as defined
   15  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
   16  substance  as defined in section 130.90, criminal possession of a weapon
   17  in the third degree as defined in subdivision five, six, seven or  eight
   18  of  section  265.02,  criminal  sale of a firearm in the third degree as
   19  defined in section 265.11, intimidating  a  victim  or  witness  in  the
   20  second  degree  as  defined  in  section 215.16, soliciting or providing
   21  support for an act of terrorism in  the  second  degree  as  defined  in
   22  section  490.10,  and  making a terroristic threat as defined in section
   23  490.20, falsely reporting an incident in the first degree as defined  in
   24  section 240.60, placing a false bomb or hazardous substance in the first
   25  degree  as  defined in section 240.62, placing a false bomb or hazardous
   26  substance in a sports stadium or arena, mass transportation facility  or
   27  enclosed  shopping  mall  as defined in section 240.63, [and] aggravated
   28  unpermitted use of indoor pyrotechnics in the first degree as defined in
   29  section 405.18, AND ANIMAL CRUELTY IN THE FIRST  DEGREE  AS  DEFINED  IN
   30  SECTION 280.25.
   31    S  11.  Section 195.06 of the penal law, as added by chapter 42 of the
   32  laws of 1986, is amended to read as follows:
   33  S 195.06 Killing or injuring a police animal.
   34    A person is guilty of killing or injuring a police  animal  when  such
   35  person intentionally kills or injures any animal while such animal is in
   36  the  performance  of its duties and under the supervision of a police or
   37  peace officer.
   38    Killing or injuring a police animal is a class [A misdemeanor] D FELO-
   39  NY.
   40    S 12. Section 195.11 of the penal law, as added by chapter 344 of  the
   41  laws of 1989, is amended to read as follows:
   42  S  195.11 Harming an animal trained to aid a person with a disability in
   43             the second degree.
   44    A person is guilty of harming an animal trained to aid a person with a
   45  disability in the second degree when such  person  intentionally  causes
   46  physical  injury to such animal while it is in the performance of aiding
   47  a person with a disability, and thereby renders such animal incapable of
   48  providing such aid to such person, or to another person with a disabili-
   49  ty.
   50    For purposes of this section and section 195.12 of this  article,  the
   51  term  "disability"  means "disability" as defined in subdivision twenty-
   52  one of section two hundred ninety-two of the executive law.
   53    Harming an animal trained to aid a person with  a  disability  in  the
   54  second degree is a class [B] A misdemeanor.
   55    S  13. Section 195.12 of the penal law, as added by chapter 344 of the
   56  laws of 1989, is amended to read as follows:
       S. 6730                            12
    1  S 195.12 Harming an animal trained to aid a person with a disability  in
    2             the first degree.
    3    A person is guilty of harming an animal trained to aid a person with a
    4  disability in the first degree when such person:
    5    1.  intentionally causes physical injury to such animal while it is in
    6  the performance of aiding  a  person  with  a  disability,  and  thereby
    7  renders  such animal permanently incapable of providing such aid to such
    8  person, or to another person with a disability; or
    9    2. intentionally kills such animal while it is in the  performance  of
   10  aiding a person with a disability.
   11    Harming  an  animal  trained  to aid a person with a disability in the
   12  first degree is a class [A misdemeanor] D FELONY.
   13    S 14. Subdivision 2 of section 265.01 of the penal law, as amended  by
   14  chapter 220 of the laws of 1988, is amended to read as follows:
   15    (2)  He  OR  SHE  possesses  any dagger, dangerous knife, dirk, razor,
   16  stiletto, imitation pistol, or any other dangerous or deadly  instrument
   17  or  weapon with intent to use the same unlawfully against another PERSON
   18  OR ANIMAL; or
   19    S 15. Severability clause. If any clause, sentence, paragraph,  subdi-
   20  vision,  section  or  part of this act shall be adjudged by any court of
   21  competent jurisdiction to be invalid, such judgment  shall  not  affect,
   22  impair,  or  invalidate  the remainder thereof, but shall be confined in
   23  its operation to the clause, sentence, paragraph,  subdivision,  section
   24  or part thereof directly involved in the controversy in which such judg-
   25  ment shall have been rendered. It is hereby declared to be the intent of
   26  the  legislature  that  this  act  would  have been enacted even if such
   27  invalid provisions had not been included herein.
   28    S 16. This act shall take effect immediately; provided, however,  that
   29  sections  nine  through  fourteen  of  this act shall take effect on the
   30  first of November next succeeding the date on which it shall have become
   31  a law.
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