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8 agriculture and markets law are REPEALED.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:
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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
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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.