A01643 Summary:

BILL NO    A01643 

SAME AS    SAME AS S02336-A

SPONSOR    Lentol

COSPNSR    

MLTSPNSR   

Add SS165.75, 165.76 & 165.77, Pen L

Creates first and second degree pet theft offenses.
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A01643 Actions:

BILL NO    A01643 

01/09/2013 referred to codes
01/08/2014 referred to codes
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A01643 Votes:

There are no votes for this bill in this legislative session.
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A01643 Memo:

BILL NUMBER:A1643

TITLE OF BILL:  An act to amend the penal law, in relation to theft of
a companion animal or pet

PURPOSE  OR GENERAL IDEA OF BILL:  Creates first and second degree pet
theft offenses.

SUMMARY OF SPECIFIC PROVISIONS:  The penal law is  amended  by  adding
three new sections; 165.75, 165.76, and 165.77

JUSTIFICATION:   Pets often provide companionship that mirrors that of
a best friend or loved one. When a pet is stolen, it  feels  as  if  a
loved  one  has  been.    kidnapped.  Unfortunately,  the law does not
currently acknowledge the severity of loss in  these  sad  situations.
Pet  theft  is  currently  prosecuted,  if at all, as a petit larceny,
misdemeanor offense - supposing the loss of a beloved pet  is  similar
to  that  of  any  stolen  personal  property. Pets, however, occupy a
special' place in our hearts, homes and society and should, therefore,
be distinguished under the law.

This measure creates the first and second degree  felony  offenses  of
pet  theft.  A person is guilty of pet theft in the second degree when
he/she steals a companion animal or pet, which is defined  as  a  dog,
cat  or  other  domesticated animal normally maintained in or near the
household of the owner or person who cares for such animal. Pet  theft
in  the  second  degree  is  a  class  E  felony and carries a maximum
sentence of four years imprisonment. A person is guilty of  pet  theft
in  the  first  degree  When  he/she  commits  pet theft in the second
degree, and when (1) such  animal  is  sold  for  scientific  research
purposes; or, (2) with no justifiable purpose, he or she intentionally
kills   or  intentionally  causes  serious  physical  injury  to  such
companion animal or pet with aggravated  cruelty.  Pet  theft  in  the
first  degree  is  a  class D felony and carries a maximum sentence of
seven years imprisonment.

PRIOR LEGISLATIVE HISTORY:  A.9429 of 2010 A.1822 of 2011-12

FISCAL IMPLICATIONS:  None to the state

EFFECTIVE DATE: Immediately
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A01643 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         1643

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 9, 2013
                                      ___________

       Introduced by M. of A. LENTOL -- read once and referred to the Committee
         on Codes

       AN  ACT  to  amend  the  penal  law, in relation to theft of a companion
         animal or pet

         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 three new sections
    2  165.75, 165.76 and 165.77 to read as follows:
    3  S 165.75 DEFINITIONS.
    4    AS USED IN SECTIONS 165.76 AND 165.77 OF THIS ARTICLE,  THE  FOLLOWING
    5  TERMS HAVE THE FOLLOWING DEFINITIONS:
    6    1.  THE  TERM "COMPANION ANIMAL" OR "PET" IS DEFINED AS A DOG, CAT, OR
    7  ANY OTHER DOMESTICATED ANIMAL NORMALLY MAINTAINED IN OR NEAR THE  HOUSE-
    8  HOLD  OF  THE  OWNER  OR  PERSON WHO CARES FOR SUCH DOMESTICATED ANIMAL.
    9  "PET" OR "COMPANION ANIMAL" SHALL NOT INCLUDE A "FARM ANIMAL" AS DEFINED
   10  IN SUBDIVISION FOUR OF SECTION THREE HUNDRED FIFTY  OF  THE  AGRICULTURE
   11  AND MARKETS LAW.
   12    2. THE TERM "AGGRAVATED CRUELTY" SHALL MEAN CONDUCT WHICH:
   13    A. IS INTENDED TO CAUSE EXTREME PHYSICAL PAIN; OR
   14    B.  IS  DONE  OR  CARRIED  OUT  IN  AN ESPECIALLY DEPRAVED OR SADISTIC
   15  MANNER.
   16  S 165.76 PET THEFT IN THE SECOND DEGREE.
   17    1. A PERSON IS GUILTY OF PET THEFT IN THE SECOND DEGREE WHEN HE STEALS
   18  A COMPANION ANIMAL OR PET.
   19    2. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT OR
   20  INTERFERE IN ANY WAY WITH ANYONE LAWFULLY ENGAGED IN HUNTING,  TRAPPING,
   21  OR FISHING, AS PROVIDED IN ARTICLE ELEVEN OF THE ENVIRONMENTAL CONSERVA-
   22  TION  LAW,  THE  DISPATCH  OF  RABID OR DISEASED ANIMALS, AS PROVIDED IN
   23  ARTICLE TWENTY-ONE OF THE PUBLIC HEALTH LAW, OR THE DISPATCH OF  ANIMALS
   24  POSING  A  THREAT TO HUMAN SAFETY OR OTHER ANIMALS, WHERE SUCH ACTION IS

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04637-01-3
       A. 1643                             2

    1  OTHERWISE LEGALLY  AUTHORIZED,  OR  ANY  PROPERLY  CONDUCTED  SCIENTIFIC
    2  TESTS,  EXPERIMENTS,  OR  INVESTIGATIONS  INVOLVING  THE  USE  OF LIVING
    3  ANIMALS, PERFORMED OR CONDUCTED IN LABORATORIES OR INSTITUTIONS APPROVED
    4  FOR  SUCH  PURPOSES  BY  THE  COMMISSIONER OF HEALTH PURSUANT TO SECTION
    5  THREE HUNDRED FIFTY-THREE OF THE AGRICULTURE AND MARKETS LAW.
    6    PET THEFT IN THE SECOND DEGREE IS A CLASS E FELONY.
    7  S 165.77 PET THEFT IN THE FIRST DEGREE.
    8    1. A PERSON IS GUILTY OF PET THEFT IN THE FIRST DEGREE WHEN HE COMMITS
    9  PET THEFT IN THE SECOND DEGREE, AND WHEN:
   10    A. SUCH ANIMAL IS SOLD FOR SCIENTIFIC RESEARCH PURPOSES; OR
   11    B. WITH NO JUSTIFIABLE PURPOSE,  HE  OR  SHE  INTENTIONALLY  KILLS  OR
   12  INTENTIONALLY CAUSES SERIOUS PHYSICAL INJURY TO SUCH COMPANION ANIMAL OR
   13  PET WITH AGGRAVATED CRUELTY.
   14    2. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT OR
   15  INTERFERE  IN ANY WAY WITH ANYONE LAWFULLY ENGAGED IN HUNTING, TRAPPING,
   16  OR FISHING, AS PROVIDED IN ARTICLE ELEVEN OF THE ENVIRONMENTAL CONSERVA-
   17  TION LAW, THE DISPATCH OF RABID OR  DISEASED  ANIMALS,  AS  PROVIDED  IN
   18  ARTICLE  TWENTY-ONE OF THE PUBLIC HEALTH LAW, OR THE DISPATCH OF ANIMALS
   19  POSING A THREAT TO HUMAN SAFETY OR OTHER ANIMALS, WHERE SUCH  ACTION  IS
   20  OTHERWISE  LEGALLY  AUTHORIZED,  OR  ANY  PROPERLY  CONDUCTED SCIENTIFIC
   21  TESTS, EXPERIMENTS,  OR  INVESTIGATIONS  INVOLVING  THE  USE  OF  LIVING
   22  ANIMALS, PERFORMED OR CONDUCTED IN LABORATORIES OR INSTITUTIONS APPROVED
   23  FOR  SUCH  PURPOSES  BY  THE  COMMISSIONER OF HEALTH PURSUANT TO SECTION
   24  THREE HUNDRED FIFTY-THREE OF THE AGRICULTURE AND MARKETS LAW.
   25    PET THEFT IN THE FIRST DEGREE IS A CLASS D FELONY.
   26    S 2. This act shall take effect immediately.
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