A02564 Summary:

BILL NOA02564
 
SAME ASNo same as
 
SPONSORClark
 
COSPNSR
 
MLTSPNSR
 
Amd S370, Ag & Mkts L
 
Prohibits the ownership, possession or harboring of a wild animal or reptile; makes violation a class E felony.
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A02564 Actions:

BILL NOA02564
 
01/19/2011referred to agriculture
01/04/2012referred to agriculture
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A02564 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2564
 
SPONSOR: Clark
  TITLE OF BILL: An act to amend the agriculture and markets law, in relation to prohibiting the ownership, possession or harboring of a wild animal or reptile   PURPOSE OR GENERAL IDEA OF BILL:   SUMMARY OF SPECIFIC PROVISIONS: This bill amends section 370 of the agriculture and markets law, as added by chapter 1047 of the laws of 1965, to prohibit the ownership, possession or harboring of wild animals and reptiles as defined in accordance to paragraph e of subdivision six of section 11-0103 of the environmental conservation law, and to classi- fy violations of section 370 as class E felonies. This bill does not alter existing exemptions in section 11-0512 of the environmental conservation law that allow certain persons and entities to possess wild animals.   JUSTIFICATION: Current law regulates certain ownership of wild animals and reptiles by making owners who fail to exercise due care in safe- guarding the public from attack by such animals guilty of a misdemeanor, punishable by up to one year imprisonment and/or a fine of up to $500. As the recent tragic attack by a wild animal on a woman in Connecticut made clear, however, wild animal owners may not always recognize, under- stand, or be equipped to adequately handle the physical and behavioral needs of these animals. As a result, owners may not be able to safeguard the public by preventing attack by the animal. By prohibiting certain ownership of wild animals and by penalizing violations of the law as a felony, this bill will help to ensure the well-being of both wild animals and the public by ensuring wild animals are only owned by persons and entities properly equipped to recognize and meet their physical and behavioral needs.   PRIOR LEGISLATIVE HISTORY: 4/28/09 - A.7935, referred to Agriculture 1/6/10 - A.7935, referred to Agriculture   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: The first of November next succeeding the date on which it becomes law.
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A02564 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2564
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 19, 2011
                                       ___________
 
        Introduced  by M. of A. CLARK -- read once and referred to the Committee
          on Agriculture
 
        AN ACT to amend the agriculture and markets law, in relation to  prohib-
          iting  the  ownership,  possession  or  harboring  of a wild animal or
          reptile
 
          The People of the State of New York, represented in Senate and  Assem-

        bly, do enact as follows:
 
     1    Section 1. Section 370 of the agriculture and markets law, as added by
     2  chapter 1047 of the laws of 1965, is amended to read as follows:
     3    § 370. [Protection  of  the  public from attack by] Prohibition of the
     4  ownership, possession or harboring of wild  animals  and  reptiles.  Any
     5  person  owning, possessing or harboring a wild animal or reptile capable
     6  of inflicting bodily harm upon a human being[, who shall fail  to  exer-
     7  cise due care in safeguarding the public from attack by such wild animal
     8  or reptile,] is guilty of a [misdemeanor, punishable by imprisonment for
     9  not  more  than  one  year,  or  by a fine of not more than five hundred

    10  dollars, or by both] class E felony as defined by the penal  law.    For
    11  the  purposes  of this section, "[Wild] wild animal" [within the meaning
    12  of this section, shall not include  a  dog  or  cat  or  other  domestic
    13  animal]  is  defined  in accordance to paragraph e of subdivision six of
    14  section 11-0103 of the environmental conservation law.
    15    Previous attacks upon a human being by such wild animal or reptile, or
    16  knowledge of the vicious propensities of such wild animal or reptile, on
    17  the part of the possessor or harborer thereof, shall not be required  to
    18  be  proven  by  the people upon a prosecution hereunder; and neither the
    19  fact that such wild animal or reptile  has  not  previously  attacked  a

    20  human  being,  nor lack of knowledge of the vicious propensities of such
    21  wild animal or reptile on the part of the owner, possessor  or  harborer
    22  thereof shall constitute a defense to a prosecution hereunder.
    23    § 2. This act shall take effect on the first of November next succeed-
    24  ing the date on which it shall have become a law.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06639-01-1
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