A00775 Summary:

BILL NO    A00775B

SAME AS    SAME AS S06643

SPONSOR    Rosenthal (MS)

COSPNSR    Lavine, Sweeney, Russell, Brindisi, Montesano, Millman, Tenney,
           Hennessey, Englebright, Fahy, Jaffee, Colton, Skoufis, Otis, Thiele,
           Ortiz, Steck, Weprin, Davila, Curran

MLTSPNSR   Brook-Krasny, Ceretto, Garbarino, Glick, Hevesi, Lupardo, Lupinacci,
           McDonald, Schimel, Skartados, Solages, Walter

Amd SS350, 365, 369, 371 & 373, rpld SS351, 353, 353-a, 353-b, 353-d, 355, 360,
361 & 362, S374 sub 8, add S380, Ag & Mkts L; add Title Q Art 280 SS280.00 -
280.80, S60.22, amd SS70.02, 195.06, 195.11, 195.12 & 265.01, Pen L

Relates to promoting understanding, awareness and enforcement of animal crime
laws.
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A00775 Actions:

BILL NO    A00775B

01/09/2013 referred to agriculture
01/10/2013 amend and recommit to agriculture
01/10/2013 print number 775a
01/08/2014 referred to agriculture
02/21/2014 amend and recommit to agriculture
02/21/2014 print number 775b
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A00775 Votes:

There are no votes for this bill in this legislative session.
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A00775 Memo:

BILL NUMBER:A775B

TITLE OF BILL:  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, 360, 361, 362 and subdivision 8 of section
374 of the agriculture and markets law relating thereto

PURPOSE OR GENERAL IDEA OF THE BILL:

This bill seeks to clarify, modernize, and restructure the animal
crimes laws of New York State.  It does so by transplanting certain
sections of the Agriculture and Markets Law into the Penal Law,
re-defining statutory terms, re-titling animal crimes offenses,
altering the classification of certain animal crimes offenses,
delineating specific sentencing provisions for animal, crimp offenses,
introducing various new animal crimes offenses. Additionally, this
bill serves to create a hierarchy of offenses for charging,
plea-bargaining, and cross-referencing purposes. Finally, this bill
serves to address and rectify the many antiquated passages, vague
definitions and concepts, and outmoded language contained in the
current Agriculture and Markets statutes. Ultimately, the purpose of
this bill is to promote sound enforcement and consistent
interpretation of animal crimes by members of law enforcement and the
court system.

SUMMARY OF SPECIFIC PROVISIONS:

Article 26 of the Agriculture and Markets Law is mended by removing
the most common patrol-scenario provisions. These provisions are
transplanted into a new Penal Law Title (Q), discussed below.
Additionally, Article 26 is generally amended to incorporate
appropriate cross-referencing provisions.

The existing section 350 of the Agriculture and Markets Law is
modified by adding subdivision 6, which provides the definition of an
"animal cruelty offense;" a term used to help define the scope of
various other proposed and existing statutes involving evidence
collection, animal disposition, and sentencing. The term also goes
beyond enumerated crimes to include any offense by which an animal is
victimized (e.g. reckless endangerment of property; criminal
mischief). The existing section 350 of the Agriculture and Markets Law
is further modified adding subdivision 7, which provides the
definition of a "duly incorporated society for the prevention of
cruelty to animals," which is a cross-reference to the provisions
providing for the creation and powers of such entity as contained in
the not-for-profit corporation law.

The existing sections 351, 353, 353-a, 355, 360, 361, and 352 of the
Agriculture and Markets Law are removed entirely and variations of
these statutes appear in the proposed Penal Law Title Q. Sections
353-b and 353-d are removed and inserted verbatim in the proposed
Penal Law Title Q.

The existing sections 369 and 371 of the Agriculture and Markets Law
are given language which helps to incorporate them and otherwise make
them applicable to the provisions of the proposed Penal Law Title Q.


The existing subdivision 6 of section 373 of the Agriculture and
Markets Law is amended to add other agencies to qualify as impounding
organizations for the purposes of petitioning for a security bond in
order to obtain reasonable boarding expenses pending criminal
litigation. The addition of the other agencies comports with the fact
that these agencies may become responsible for the impound if the
animal were seized or impounded pursuant to a search warrant obtained
under article 690 of the criminal procedure law. For consistency, the
term "impounding organization" is further regularized in later
subsections of subdivision 6.

The existing section 374 of the Agriculture and Markets Law is
modified by detaching the special sentencing provisions contained, but
somewhat obscured by their placement in subdivision 8. These special
sentencing provisions are moved to a new section, 380, which makes
cross-referencing to these provisions much easier.  Additionally, the
special sentencing provisions are made to apply to all "animal cruelty
offenses" (as that term is now defined in the proposed subdivision 6
of section 350), instead of continuing an itemized listing of
applicable statutes. The proposed section 380 of the Agriculture and
Markets Law then reorganizes the special sentencing provisions into
subdivisions for greater clarity.

Finally, subdivisions 1, 2, and 6 of section 380 add language which
would permit the court to order forfeiture of the animal to an animal
shelter, pound, sheriff, police officer, or district attorney, in
addition to a society for the prevention of cruelty to animals. As the
law is currently written, it stands to limit the forfeiture to a
society for the prevention of cruelty to animals only, which may cause
problems if either the society is overwhelmed or overburdened with
animal wards at that point in time or if the county is without such a
society. The presence of a such a society is not mandated by law. By
incorporating additional law enforcement entities and animal shelters,
there would be additional outlets for animal placement.

Subdivision 3 of the proposed section 380 eliminates the wording "or
any person dwelling in the same household who conspired, aided or
abetted in the unlawful act which was the basis of the conviction, or
who knew or should have known of the unlawful act." This is due to the
simple fact that this present language, if acted upon, would
constitute a gross violation of the due process rights on an Unaccused
party that is not under the jurisdiction of the sentencing court. If,
indeed, there were such a person, that person would have been or
should have been separately charged under accomplice liability or
otherwise, and received an individual determination under section 380.
Subdivision 5, which represents a possible sale restriction for farm
animals, is likewise modified to eliminate possible constitutional
concerns. The language is amended to reflect a possible court
restriction on sale or transfer to a charged, but not adjudicated,
co-defendant or coconspirator.

Additionally, language has been added to subdivision 3 in an effort to
alleviate the constitutional cloud over the term "reasonable. " The
language and criteria is thusly elaborated: "In making its
determination of what period of time is reasonable, the court shall
take into account the totality of the circumstances before it and be


bound to no single factor. Such order must be in writing and
specifically state the period of time imposed."

Subdivision 4 of the proposed section 380 adds the term "used" in
regards to scientific testing. As the language of section 374 stands
presently, the absence of this term is an oversight that would permit
the shelter, pound, or duly incorporated society for the prevention of
cruelty to animals to experiment on the animals themselves, while
prohibiting their sale or transfer for that purpose.

The gravamen of the bill is the amendment of the Penal Law by adding a
new Title Q, which is comprised of animal cruelty offenses and largely
based upon the former provisions of Article 2.5 of the Agriculture and
Markets Law. The Title consists of a new Article 280, which is
captioned "Offenses against Animals."

Section 280.00 is introduced to the Penal Law and contains the bulk of
the definitions for the proposed Article 280. Subdivision 1 is a
verbatim reproduction of subdivision 1 of section 350 of the
Agriculture and Markets Law. Subdivision 2 is a reproduction of
subdivision 2 of section 350 of the Agriculture and Markets Law with
an important addition that serves to outsource clutter from the
proposed section 280.20. This additional language is based on passages
from the existing section 353 of the Agriculture and Markets Law.
Importantly, the definitions of "cruelty" and "torture," which
appeared together in subdivision 2 of section 350 of the Agriculture
and Markets Laws, are now severed. The definition of "torture" now
appears in subdivision 4 of the proposed definitions section and
derives entirely from a segment of the present definition of
"aggravated cruelty," as that term currently appears in section 353-a
of the Agriculture and Markets Law. Subdivision 3 is a near-verbatim
reproduction of language found in subdivision 1 of section 353-a of
the Agriculture and Markets Law, the only difference being the
aforementioned severance of verbiage which is transferred as the
definition of the term "torture." Subdivision 5 is based up on
subdivision 3 of section 350 of the Agriculture and Markets Law.
Subdivision 6 is a near-verbatim reproduction of subdivision 4 of
section 350 of the Agriculture and Markets Law. Subdivision 7 is a
near-verbatim reproduction of subdivision 5 of section 350 of the
Agriculture and Markets Law with a minor change in sequencing on the
second couplet of "companion animal "or "pet." Subdivision 8 is a
verbatim reproduction of language which appears in subdivision 1 of
section 351 of the Agriculture and Markets Law. Subdivision 9 was
composed to provide a concrete definition of "abandons" as that term
is used in the proposed section 280.20 of the Penal Law. Subdivision
10 provides a definition of "restrain" and was substantially based on
subdivision 1 of section 135.00 of the Penal Law. Subdivision 11
provides a definition of "abduct" and was substantially based on
subdivision 2 of the section 135.00 of the Penal Law.

Section 280.05 is introduced as one of two statutes taken from section
351 of the Agriculture and Markets Law. The current section 351 of the
Agriculture and Markets Law covers multiple crimes, both misdemeanors
and felonies. This bill splits the conglomerate into two separate
statutes, Section 280.05 and Section 280.10, for clarity and
comprehensibility. Subdivision 1 of section 280.05 is based on
subparagraph (e) of subdivision 2 of section 351 of the Agriculture


and Markets Law. Subdivision 2 of section 280.05 is loosely based on
subparagraph (b) of subdivision 4 of section 351 of the Agriculture
and Markets Law, but modifies the measure component for clarity of
what is required for commission of the offense. Section 280.10 is
introduced to replace the felony components of section 351 of the
Agriculture and Markets Law. It is a substantial reproduction of the
statute, with few structural changes. Subdivision 3 of section 280.10
amends its predecessor statute with the inclusion of the word
"transfers" which was a broad oversight in previous drafting.
Subdivision 5 of section 280.10 is amended to remove a troublesome
element involving the proof of training of the by-standing animal such
animal possibly being a "bait animal" which was not trained to fight.

It is notable that, pursuant to section 160.10 of the Criminal
Procedure Law, the transplant of the misdemeanor portion of animal
fighting to the Penal Law causes this offense to now be a printable
offense for law enforcement (the same can be said for all transplanted
agriculture and markets law misdemeanors). As it currently stands, a
violation of subparagraph (b) of subdivision 3 of section 351
(misdemeanor animal fighting) is not a printable offense for purposes
of Article 160 of the Criminal Procedure Law, which is another major
oversight in the existing legislative drafting.  Finally, as crimes in
the Penal Law must be classified pursuant to Title E, Article 55, the
misdemeanor component of animal fighting, now housed in section
280.05, is designated as a class A misdemeanor and the felony
component of animal fighting, now housed in section 280.10, is
designated as a class D felony. The special fine schedules, which were
previously enacted for animal fighting, are retained by enacting an
authorized dispositions section, contained in section 60.22 of the
Penal Law.

Section 280.20 is introduced to replace various components of sections
353, 355, and 360 of the Agriculture and Markets Law. Subdivision 1
outlines the standard of care to be provided by an owner, possessor,
custodian, or caregiver of an animal. The vague term "sustenance," as
it appeared in section 353 of the Agriculture and Markets Law, with
the un-codified case law definition on that term (i.e. "food, drink,
veterinary care, or shelter adequate to maintain the animal's health
and comfort"), provided in a litany of cases that include, but is not
limited to People v. Richardson, 15 Misc. 311 138A (App. Term 9th &
10th Jud. Dist. 2007) and People v. Mahoney, 9 Misc.3d 101 (App. Term
9th & 10th Jud. Dist. 2008). Apart from codification, the terms "food"
and "drink" are replaced by the more modem concepts of "nutrition" and
"hydration." The former presence of "necessary" in section 353 of the
agriculture and markets law (i.e.  "necessary sustenance"), is
replaced with the expanded provision of adequacy. The adequacy of all
four elements - nutrition, hydration, veterinary care, and shelter -
is required.

Subdivision 2 is based upon section 355 of the Agriculture and Markets
Law, except that duplicative language is dropped after the first
clause regarding abandonment, "Abandons" is defined in the revised
subdivision (9) of section 280.00.

Subdivision 3 outlines the standard of care to be applied to animals
in general, regardless of personal connection, and pulls heavily on
the enhanced definition of "cruelty" as it appears in subdivision 2 of


the proposed section 280.00. It is a successor-clause to the existing
final clause of section 353 of the agriculture and markets law. The
term "willfully," however, was relaxed to "knowingly," which more
clearly comports with the expansion of the term "cruelty," both as
currently defined and under the proposed definition.

Subdivision 4 is based on section 360 of the Agriculture and Markets
Law, with structural changes for clarity and a mental intent to injure
added.

Section 280.25 is introduced to replace section 353 -a of the
Agriculture and Markets Law. It differs from section 353-a of the
Agriculture and Markets Law in that it enhances the classification and
punishment on the proscribed conduct a violation of section 280.25 is
a class D felony, whereas a violation of section 353-a of the
Agriculture and Markets Law is an unclassified felony with a limited
sentencing range (a so-called "E Minus" felony). The section is
re-titled to match its counterpart, section 280.20. The definition of
the term "aggravated cruelty," as it appears in section 280.25,
appears in section 280.00, and it amended to split acts of torture
from acts of cruelty. The practical effect is negligible as both
definitions remain under the force of the statute.

Subdivisions 1 and 2 are based upon language in subdivision 1 of
section 353-a of the Agriculture and Markets Law, however, they are
worded more akin to assault and homicide statutes elsewhere in the
penal law. Subdivision 3 of section 280.25 proposes a sanction for
acts of "aggravated cruelty" and "torture" committed against any
animal and not just "companion animals" which is long overdue and
based upon the sentiment that this law should be meant to focus on the
extremely disturbing conduct of an individual and not the human
emotion or affection towards the affected animal. Whether the
individual sadistically tortured a wild turtle or a pet turtle, the
criminal sanction on that type of behavior should be the same.
Subdivision 4 is based upon provisions found in the existing section
360 of the Agriculture and Markets Law. Subdivision 5 is an additional
sanction for repeat offenders of section 2130.20, modeled after
statutory language which appears elsewhere in the Penal Law.

Section 280.30 is based loosely on the existing section 361 of the
Agriculture and Markets Law. The new statute is re-titled for clarity
and serves to enhance the penalty for interference with competitive or
exhibited animals. The term "domestic," which had no definition, was
removed as its inclusion had de minimis practicality or legal
significance.

Section 280.35 is introduced to subsume and rectify the constitutional
problems with the existing section 362 of the Agriculture and Markets
Law, The existing section 362 of the Agriculture and Markets Law, as
written, effectively makes littering a misdemeanor, has an
incorrectly-positioned mans rea, and is not often used. Section 280.35
incorporates certain language from subdivision 7 of section 240.20 of
the Penal Law to adjust for the mans rea of the statute. It also more
appropriately categorizes the offense as a violation, which is
intended play a crucial role in any plea bargaining of animal offenses
and serve as a lesser-included offense of the various provisions of
Article 280.  Subdivision 1 acts as a "catch-all" provision that


bridges the gap between non-culpability and conduct which violates
section 280.20.  Subdivision 2 incorporates language from section 362
of the Agriculture and Markets Law, but clarifies the mens rea,
obviating constitutional concerns. As a violation-level offense, a
perpetrator could be subjected to fifteen days incarceration, in
addition to other sentencing possibilities, the most notable of which
are the special sentencing provisions in the proposed section 380 of
the Agriculture and Markets Law, discussed above.

Sections 280.40, 280.45, and 280.50 are introduced to allow
prosecution in the event of unlawful restraint or taking of an animal.
Currently, the only other statutes designed to cover this type of
conduct are the larceny provisions contained in Article 155 of the
Penal Law. As society is moving away from treating pets as chattel or
property, statutes need to adjust for the humanistic approach to
prosecution. These sections must be read in conjunction with the
definitions of "restrains" and "abducts," which are listed in the
proposed section 280.00. Section 280.40 is based upon language found
in section 135.05 of the Penal Law. Section 280.45 is based upon
language found in section 135.20 of the Penal Law. Section 280.50 is
based upon language found in 135.25 of the Penal Law. The
classification of these crimes, as proposed, would greatly enhance the
penalty for such conduct. For example, currently, an individual who
steals another person's adopted non-purebred dog, drives it to a far
away location, and leaves it there to die, could only be charged with
petit larceny, in violation of section 155.25 of the Penal Law, and
Abandonment of Animals, in violation of section 355 of the Agriculture
and Markets Law. Both of those crimes are class A misdemeanors. The
proposed section 280.50 would potentially make the same conduct
punishable as a class D felony.

Section 280.55 contains a presumption applicable to prosecutions of
sections 280.40, 280.45; and 280.50.

Sections 280.60 and 280.65 are verbatim reproductions of the current
sections 353-b and 353-d of the Agriculture and Markets Law,respec-
tively.

Section 280.70 is a verbatim reproduction of the current section 367
of the Agriculture and Markets Law.

Section 280.75 is a cross-referencing tool to the evidentiary,
disposition, and care provisions which appear in various sections of
the Agriculture and Markets Law.

Section 280.80 is an important cross-referencing tool to ensure that
the courts are empowered to sentence in accordance with the special
needs of an animal cruelty prosecution.

Section ten of this bill contains a proposed section 60.22 of the
Penal Law, which is the vehicle by which the special fine sentencing
provisions enacted for animal fighting, under the current section 351
of the Agriculture and Markets Law, survive the transfer to the Penal
Law.

Section eleven modifies paragraph (c) of subdivision 1 of section
70.02 of the Penal Law to incorporate select provisions of the


proposed "animal cruelty in the first degree," in violation of
proposed section 280.25, into the list of violent felony offenses.
The excluded provisions are the aggregation offense for twice
violating animal cruelty in the second degree (subdivision 5) and the
aggravating-factor poisoning offense (subdivision 4).

Section twelve of this bill modifies section 195.06 of the Penal Law
to enhance the offense classification and penalty for killing or
injuring a police animal. A violation of this section would now be a
class D felony, which comports this statute to the level of offense of
Animal Cruelty in the First Degree, under the proposed section 280.25
of the Penal Law.

Section thirteen of this bill modifies section 195.11 of the Penal Law
to enhance the offense classification and penalty for harming an
animal trained to aid a person with a disability in the second degree.
A violation of this section would now be a class A misdemeanor, which
comports this statute to the level of offense of Animal Cruelty in the
Second Degree, under the proposed section 280.20 of the Penal Law (or
the existing offense of Overdriving, torturing and injuring animals;
failure to provide proper sustenance, under section 353 of the
Agriculture and Markets Law),

Section fourteen of this bill modifies section 195.12 of the Penal Law
to enhance the offense classification and penalty for harming and
animals trained to aid a person with a disability in the first degree.
A violation of this section would now be a class E felony.

Section fifteen of this bill modifies. subdivision 2 of section 265.01
of the Penal Law in two ways. Firstly, it converts it to gender
neutrality. Secondly, it adds animals as a protected class against
unlawful weapon use. This will be particularly helpful for law
enforcement where there is clear evidence of a beating with an
instrument but, due to unfamiliarity with field examinations of
animals for injury, a charge can be made upon implementation alone.

JUSTIFICATION:

This bill markedly improves the accessibility and comprehensibility of
animal crime statutes, thereby promoting enforcement of this category
of crime. The bill endeavors to take patrol-scenario crimes, faced by
municipal law enforcement, and structure them alongside the bulk of
criminal law. By placing animal crime shoulder-to-shoulder with other
categories of crime in the Penal Law, there will be a streamlining of
criminal procedure, training, legal terminology, and judicial
philosophy.

As the law currently stands, commercial, industrial, and
patrol-scenario offenses are housed together in a body of law that has
proven to be inaccessible by police. Not only is a patrol officer
unlikely to have a copy of the Agriculture and Markets Law in their
radio car, but the precinct desk officer is also unlikely to have a
copy at headquarters. Furthermore, police academies primarily focus
training on Penal Law and Vehicle and Traffic Law provisions, without
any education or training whatsoever on Agriculture and Markets Law
provisions.


While there may be crimes housed outside the Penal Law - for example,
tax crimes there is seldom, if ever, a patrol dispatch requiring
urgent response and action on a violation of the tax law. Animal
crimes occur in the field and often require emergency response.

An ancillary benefit to that main objective will be a harmonizing of
this crime with others as far as the applicability of the criminal
procedure law. Matters such as search warrants, fingerprinting,
collection of DNA, recordkeeping, court surcharges, and other
procedural aspects of law enforcement become applicable.

Beyond the mere transplant, however, this bill modernizes statutory
language and structure to more aptly match its sister crimes. Within
the bill text, there is heavy borrowing from terminology and format
from other areas of Penal Law. This was done not only for clarity,
familiarity, and comprehensibility, but also so that case
interpretations of terminology and structure become immediately
applicable.

Offenses have been re-titled for clarity and order of precedence.
Offenses have been restructured into manageable subdivisions.
Offenses have been given appropriate and clear mental states If there
were a prevailing case law interpretation of a term, the term was
codified into the statute itself in order to obviate time-wasting
motion practice over the issue.

In short, the average police officer will now be able to find the law,
read the law, understand the law, and apply the law all while standing
at a crime scene in the middle of the night. Prosecutors and defense
attorneys will spend markedly less time in needless motion practice
over the definition of obsolete terms or general applicability of
passages. Judges will be better equipped to dispense justice on
accused individuals. Finally, the average member of the public will be
better apprised of the standards that apply to the treatment of
animals.

LEGISLATIVE HISTORY:

2012: Codes Committee (S.6730A/A. 9917A)

FISCAL IMPLICATIONS:

Penal Law surcharges become applicable to animal crimes offenses,
potentially enhancing state revenue.

EFFECTIVE DATE:

This act will take effect on the first of November next succeeding the
date on which it shall become a law.
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A00775 Text:

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

                                        775--B

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 9, 2013
                                      ___________

       Introduced  by  M.  of A. ROSENTHAL, LAVINE, SWEENEY, RUSSELL, BRINDISI,
         MONTESANO, MILLMAN,  TENNEY,  HENNESSEY,  ENGLEBRIGHT,  FAHY,  JAFFEE,
         COLTON,  SKOUFIS,  OTIS, THIELE, CURRAN -- Multi-Sponsored by -- M. of
         A. BROOK-KRASNY, GARBARINO, HEVESI, LUPARDO, McDONALD, SCHIMEL,  SKAR-
         TADOS, SOLAGES, STECK, WALTER -- read once and referred to the Commit-
         tee  on  Agriculture  --  committee  discharged, bill amended, ordered
         reprinted as amended and recommitted to said committee --  recommitted
         to  the  Committee  on Agriculture in accordance with Assembly Rule 3,
         sec. 2 -- committee discharged, bill  amended,  ordered  reprinted  as
         amended and recommitted to said committee

       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, 360, 361, 362 and subdivision 8  of  section  374  of  the
         agriculture 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,  as  added
    2  by  chapter  1047 of the laws of 1965, subdivision 3 as added by chapter
    3  619 of the laws of 1987, subdivision 4 as added by chapter  569  of  the
    4  laws  of  1995,  subdivision  5 as amended by chapter 118 of the laws of
    5  1999, is amended to read as follows:
    6    S 350. Definitions. 1. "Animal[,]", as used in this article,  includes
    7  every living creature except a human being;
    8    2. ["Torture" or "cruelty"] "CRUELTY" includes every act, omission, or
    9  neglect,  whereby  unjustifiable  physical  pain,  suffering or death is
   10  caused or permitted AND SHALL SPECIFICALLY INCLUDE, BUT NOT  BE  LIMITED
   11  TO,  ANY  ACT OF OVERDRIVING, OVERLOADING, INJURING, MAIMING, MUTILATING
   12  OR KILLING AN ANIMAL.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01445-11-4
       A. 775--B                           2

    1    3. "TORTURE" MEANS CONDUCT THAT IS INTENDED TO CAUSE EXTREME  PHYSICAL
    2  PAIN.
    3    4. "Adoption" means the delivery [to any natural person eighteen years
    4  of  age or older, for the limited purpose of harboring a pet, of any dog
    5  or cat, seized or  surrendered]  OF  ANY  ANIMAL  FORFEITED,  SEIZED  OR
    6  SURRENDERED,  TO  ANY NATURAL PERSON EIGHTEEN YEARS OF AGE OR OLDER, FOR
    7  THE PURPOSE OF THAT PERSON PERMANENTLY HARBORING SUCH ANIMAL AS A PET.
    8    [4]5.  "Farm animal", as used in this  article,  means  any  ungulate,
    9  poultry,  species of cattle, sheep, swine, goats, llamas, horses or fur-
   10  bearing animals, as defined in  section  11-1907  of  the  environmental
   11  conservation  law,  which  are  raised  for  commercial  or  subsistence
   12  purposes. Fur-bearing animal, AS REFERENCED IN THIS ARTICLE,  shall  not
   13  include dogs or cats.
   14    [5]6. "Companion animal" or "pet" means any dog or cat, and shall also
   15  mean  any  other  domesticated animal normally maintained in or near the
   16  household of the owner or person who cares for such  other  domesticated
   17  animal.  ["Pet"  or  "companion]  "COMPANION  animal" OR "PET" shall not
   18  include a "farm animal" as defined in this section.
   19    7. "ANIMAL CRUELTY OFFENSE" MEANS ANY VIOLATION OF THIS ARTICLE OR  OF
   20  ARTICLE  TWO  HUNDRED EIGHTY OF THE PENAL LAW, OR ANY OTHER UNLAWFUL ACT
   21  BY WHICH HARM IS INTENTIONALLY,  KNOWINGLY,  RECKLESSLY  OR  NEGLIGENTLY
   22  CAUSED OR PERMITTED TO OCCUR TO AN ANIMAL.
   23    8.  "DULY  INCORPORATED  SOCIETY  FOR  THE  PREVENTION  OF  CRUELTY TO
   24  ANIMALS," AS USED IN THIS ARTICLE, SHALL MEAN A CORPORATION  CONSTITUTED
   25  PURSUANT  TO  THE  PROVISIONS OF SUBDIVISION (G) OF SECTION FOUR HUNDRED
   26  FOUR AND SECTION FOURTEEN HUNDRED THREE  OF  THE  NOT-FOR-PROFIT  CORPO-
   27  RATION LAW.
   28    S  2. Sections 351, 353, 353-a, 353-b, 353-d, 355, 360, 361 and 362 of
   29  the agriculture and markets law are REPEALED.
   30    S 3.  Section 365 of the agriculture and markets law,  as  amended  by
   31  chapter 458 of the laws of 1985, is amended to read as follows:
   32    S 365. Clipping  or cutting the ears of dogs. 1. Whoever clips or cuts
   33  off or causes or procures another to clip or cut off the  whole  or  any
   34  part of an ear of any dog unless an anaesthetic shall have been given to
   35  the dog and the operation performed by a licensed veterinarian, is guil-
   36  ty  of  a  misdemeanor, punishable by imprisonment for not more than one
   37  year, or a fine of not more than one thousand dollars, or by both.
   38    2. [The provisions of this section shall  not  apply  to  any  dog  or
   39  person  who  is  the  owner  or possessor of any dog whose ear or a part
   40  thereof has been clipped or cut off prior to September  first,  nineteen
   41  hundred twenty-nine.
   42    3.]  Each  applicant  for a dog license must state on such application
   43  whether any ear of the dog for which he applies  for  such  license  has
   44  been cut off wholly or in part.
   45    [4.]  3. Nothing herein contained shall be construed as preventing any
   46  dog whose ear or ears shall have been clipped or cut off  wholly  or  in
   47  part,  not  in  violation  of this section, from being imported into the
   48  state exclusively for breeding purposes.
   49    S 4. Section 369 of the agriculture and markets  law,  as  amended  by
   50  chapter 458 of the laws of 1985, is amended to read as follows:
   51    S 369. Interference with officers. Any person who shall interfere with
   52  or  obstruct  any constable or police officer or any officer or agent of
   53  any duly incorporated society for the prevention of cruelty  to  animals
   54  in  the  discharge  of his duty to enforce the laws relating to animals,
   55  INCLUDING THOSE PROVISIONS CONTAINED IN ARTICLE TWO  HUNDRED  EIGHTY  OF
   56  THE PENAL LAW, shall be guilty of a misdemeanor, punishable by imprison-
       A. 775--B                           3

    1  ment for not more than one year, or by a fine of not more than one thou-
    2  sand dollars, or by both.
    3    S  5.  Section  371  of the agriculture and markets law, as amended by
    4  chapter 573 of the laws of 1978, is amended to read as follows:
    5    S 371. Powers of peace officers. A constable or police  officer  must,
    6  and  any  agent  or  officer  of  any  duly incorporated society for the
    7  prevention of cruelty to animals may issue an appearance ticket pursuant
    8  to section 150.20 of the criminal procedure law, summon or  arrest,  and
    9  bring  before  a  court  or  magistrate  having jurisdiction, any person
   10  offending against any of the provisions of  article  twenty-six  of  the
   11  agriculture  and  markets  law  OR ANY PROVISIONS OF ARTICLE TWO HUNDRED
   12  EIGHTY OF THE PENAL LAW. Any officer or agent of any of  said  societies
   13  may lawfully interfere to prevent the perpetration of any act of cruelty
   14  upon any animal in his OR HER presence. Any of said societies may prefer
   15  a  complaint  before  any court, tribunal or magistrate having jurisdic-
   16  tion, for the violation of any law relating to or affecting animals  and
   17  may  aid  in presenting the law and facts before such court, tribunal or
   18  magistrate in any proceeding taken.
   19    S 6. Subdivision 6 of section 373 of the agriculture and markets  law,
   20  as  amended by chapter 256 of the laws of 1997, paragraph a and subpara-
   21  graph 1 of paragraph b as amended by chapter 531 of the  laws  of  2013,
   22  subparagraph  2  of  paragraph  b  as amended by section 24 of part T of
   23  chapter 59 of the laws of 2010, is amended to read as follows:
   24    6. a. If any animal is seized  [and]  OR  impounded  pursuant  to  the
   25  provisions of this section[, section three hundred fifty-three-d of this
   26  article]  or  section  three  hundred  seventy-five  of this article, OR
   27  PURSUANT TO THE PROVISIONS OF ARTICLE SIX HUNDRED NINETY OF THE CRIMINAL
   28  PROCEDURE LAW, for any violation of this article, ANY VIOLATION OF ARTI-
   29  CLE TWO HUNDRED EIGHTY OF THE PENAL  LAW,  OR  IN  CONNECTION  WITH  THE
   30  ARREST  ON AN ANIMAL CRUELTY OFFENSE, THEN, upon arraignment of charges,
   31  or within a reasonable time thereafter, [the] A duly incorporated socie-
   32  ty for the prevention of cruelty  to  animals,  humane  society,  pound,
   33  animal shelter, SHERIFF, MUNICIPAL POLICE DEPARTMENT, OR DISTRICT ATTOR-
   34  NEY,  or  any authorized agents thereof, hereinafter referred to for the
   35  purposes of this section as the "impounding organization",  may  file  a
   36  petition  with  the court requesting that the person from whom an animal
   37  is seized or the owner of the animal be ordered to post a security.  The
   38  district  attorney  prosecuting  the  charges  may  file  and obtain the
   39  requested relief on behalf of the impounding organization  if  requested
   40  to  do  so  by  the impounding organization. The security shall be in an
   41  amount sufficient to secure payment for all reasonable expenses expected
   42  to be incurred by the impounding organization in  caring  and  providing
   43  for  the  animal pending disposition of the charges. Reasonable expenses
   44  shall include, but not be limited to, estimated medical care and  board-
   45  ing  of the animal for at least thirty days. The amount of the security,
   46  if any, shall be determined by the court after taking into consideration
   47  all of the facts and circumstances of the case including, but not limit-
   48  ed to the recommendation of the impounding organization  having  custody
   49  and  care of the seized animal and the cost of caring for the animal. If
   50  a security has been posted in accordance with this section, the impound-
   51  ing organization may draw from the security the actual reasonable  costs
   52  to be incurred by such organization in caring for the seized animal.
   53    b.  (1)  Upon  receipt  of  a petition pursuant to paragraph a of this
   54  subdivision the court  shall  set  a  hearing  on  the  petition  to  be
   55  conducted  within  ten business days of the filing of such petition. The
   56  petitioner shall serve a true copy of the petition  upon  the  defendant
       A. 775--B                           4

    1  and  the  district  attorney  if the district attorney has not filed the
    2  petition on behalf of the petitioner. The petitioner shall also serve  a
    3  true copy of the petition on any interested person. For purposes of this
    4  subdivision,  interested  person  shall mean an individual, partnership,
    5  firm, joint stock company, corporation, association,  trust,  estate  or
    6  other  legal entity who the court determines may have a pecuniary inter-
    7  est in the animal which is the subject of the petition.  The  petitioner
    8  or  the district attorney acting on behalf of the petitioner, shall have
    9  the burden of proving by a preponderance of the evidence that the person
   10  from whom the animal was seized violated a provision  of  this  article.
   11  The court may waive for good cause shown the posting of security.
   12    (2)  If the court orders the posting of a security, the security shall
   13  be posted with the clerk of the court within five business days  of  the
   14  hearing  provided  for  in subparagraph one of this paragraph. The court
   15  may order the immediate forfeiture of the seized animal to the  impound-
   16  ing  organization if the person ordered to post the security fails to do
   17  so. Any animal forfeited shall be made available for adoption or euthan-
   18  ized subject to subdivision seven-a of section one hundred seventeen  of
   19  this chapter or section three hundred seventy-four of this article.
   20    (3)  In the case of an animal other than a companion animal or pet, if
   21  a person ordered to post security fails to do  so,  the  court  may,  in
   22  addition  to  the  forfeiture  to  [a  duly incorporated society for the
   23  prevention of cruelty to animals, humane society, pound, animal  shelter
   24  or  any  authorized  agents  thereof]  THE  IMPOUNDING ORGANIZATION, and
   25  subject to the restrictions of sections three hundred fifty-four,  three
   26  hundred  fifty-seven  and  three  hundred  seventy-four of this article,
   27  order the animal which was the basis of the order to be  sold,  provided
   28  that  all  interested persons shall first be provided the opportunity to
   29  redeem their interest in the animal and to purchase the interest of  the
   30  person ordered to post security, subject to such conditions as the court
   31  deems appropriate to assure proper care and treatment of the animal. The
   32  court  may  reimburse the person ordered to post security and any inter-
   33  ested persons any money earned by the sale of the animal less any  costs
   34  including, but not limited to, veterinary and custodial care. Any animal
   35  determined by the court to be maimed, diseased, disabled or infirm so as
   36  to be unfit for sale or any useful purpose shall be forfeited to [a duly
   37  incorporated  society for the prevention of cruelty to animals or a duly
   38  incorporated humane society] THE IMPOUNDING ORGANIZATION  or  authorized
   39  agents  thereof,  and  be  available for adoption or shall be euthanized
   40  subject to section three hundred seventy-four of this article.
   41    (4) Nothing in this section shall be construed to limit or restrict in
   42  any way the rights of a secured party having a security interest in  any
   43  animal described in this section. This section expressly does not impair
   44  or  subordinate  the  rights  of such a secured lender having a security
   45  interest in the animal or in the proceeds from the sale of such animal.
   46    c. In no event shall the security prevent the impounding  organization
   47  having  custody  and  care  of  the  animal from disposing of the animal
   48  pursuant to section three hundred seventy-four of this article prior  to
   49  the  expiration  of the thirty day period covered by the security if the
   50  court makes a determination of the charges against the person from  whom
   51  the animal was seized prior thereto. Upon receipt of a petition from the
   52  impounding  organization,  the  court may order the person from whom the
   53  animal was seized or the owner of the animal to post an additional secu-
   54  rity with the clerk  of  the  court  to  secure  payment  of  reasonable
   55  expenses for an additional period of time pending a determination by the
   56  court of the charges against the person from whom the animal was seized.
       A. 775--B                           5

    1  The  person who posted the security shall be entitled to a refund of the
    2  security in whole or part for any expenses not incurred by such impound-
    3  ing organization upon adjudication of the charges. The person who posted
    4  the security shall be entitled to a full refund of the security, includ-
    5  ing  reimbursement  by the impounding organization of any amount allowed
    6  by the court to be expended, and the return of  the  animal  seized  and
    7  impounded  upon  acquittal or dismissal of the charges, except where the
    8  dismissal is based upon an adjournment  in  contemplation  of  dismissal
    9  pursuant  to  section  215.30  of  the criminal procedure law. The court
   10  order directing such refund and reimbursement shall provide for  payment
   11  to  be  made within a reasonable time from the acquittal or dismissal of
   12  charges.
   13    S 7. Subdivision 8 of section 374 of the agriculture and  markets  law
   14  is REPEALED.
   15    S  8.  The  agriculture  and  markets  law  is amended by adding a new
   16  section 380 to read as follows:
   17    S 380. SPECIAL SENTENCING PROVISIONS.  IN ADDITION TO ANY OTHER PENAL-
   18  TY PROVIDED BY LAW, UPON CONVICTION FOR ANY ANIMAL CRUELTY OFFENSE,  THE
   19  FOLLOWING SENTENCES MAY BE IMPOSED BY THE COURT:
   20    1.  THE  CONVICTED  PERSON  MAY, AFTER A DULY HELD HEARING PURSUANT TO
   21  SUBDIVISION SIX OF THIS SECTION, BE ORDERED BY THE COURT TO  FORFEIT  TO
   22  AN ANIMAL SHELTER, POUND, SHERIFF, MUNICIPAL POLICE DEPARTMENT, DISTRICT
   23  ATTORNEY,  DULY  INCORPORATED  SOCIETY  FOR THE PREVENTION OF CRUELTY TO
   24  ANIMALS, OR DULY INCORPORATED HUMANE SOCIETY, OR AUTHORIZED AGENTS THER-
   25  EOF, THE ANIMAL OR ANIMALS WHICH ARE THE BASIS OF THE CONVICTION.   UPON
   26  SUCH  AN  ORDER  OF  FORFEITURE, THE CONVICTED PERSON SHALL BE DEEMED TO
   27  HAVE RELINQUISHED ALL RIGHTS TO THE ANIMALS WHICH ARE THE BASIS  OF  THE
   28  CONVICTION, EXCEPT THOSE GRANTED IN SUBDIVISION TWO OF THIS SECTION.
   29    2.  IN  THE  CASE  OF  FARM ANIMALS, THE COURT MAY, IN ADDITION TO THE
   30  FORFEITURE TO  AN  ANIMAL  SHELTER,  POUND,  SHERIFF,  MUNICIPAL  POLICE
   31  DEPARTMENT,   DISTRICT  ATTORNEY,  DULY  INCORPORATED  SOCIETY  FOR  THE
   32  PREVENTION OF CRUELTY TO ANIMALS, OR DULY INCORPORATED  HUMANE  SOCIETY,
   33  OR  AUTHORIZED  AGENTS  THEREOF,  AND  SUBJECT  TO  THE  RESTRICTIONS OF
   34  SECTIONS THREE HUNDRED FIFTY-FOUR AND THREE HUNDRED FIFTY-SEVEN OF  THIS
   35  ARTICLE,  ORDER  THE FARM ANIMALS WHICH WERE THE BASIS OF THE CONVICTION
   36  TO BE SOLD.  IN NO CASE SHALL FARM ANIMALS WHICH ARE THE  BASIS  OF  THE
   37  CONVICTION BE REDEEMED BY THE CONVICTED PERSON WHO IS THE SUBJECT OF THE
   38  ORDER  OF  FORFEITURE  OR  BY  ANY PERSON CHARGED WITH AN ANIMAL CRUELTY
   39  OFFENSE FOR CONSPIRING, AIDING, OR ABETTING IN THE  UNLAWFUL  ACT  WHICH
   40  WAS  THE  BASIS OF THE CONVICTION, OR OTHERWISE ACTING AS AN ACCOMPLICE,
   41  IF SUCH CHARGE HAS NOT YET BEEN ADJUDICATED. THE COURT  SHALL  REIMBURSE
   42  THE  CONVICTED PERSON AND ANY DULY DETERMINED INTERESTED PERSONS, PURSU-
   43  ANT TO SUBDIVISION SIX OF THIS SECTION, ANY MONEY EARNED BY THE SALE  OF
   44  THE  FARM  ANIMALS LESS ANY COSTS INCLUDING, BUT NOT LIMITED TO, VETERI-
   45  NARY AND CUSTODIAL CARE, AND ANY  FINES  OR  PENALTIES  IMPOSED  BY  THE
   46  COURT.  THE  COURT  MAY  ORDER THAT THE SUBJECT ANIMALS BE PROVIDED WITH
   47  APPROPRIATE CARE AND TREATMENT PENDING THE HEARING AND  THE  DISPOSITION
   48  OF  THE CHARGES. ANY FARM ANIMAL ORDERED FORFEITED BUT NOT SOLD SHALL BE
   49  REMANDED TO THE CUSTODY AND CHARGE OF AN ANIMAL SHELTER, POUND, SHERIFF,
   50  MUNICIPAL POLICE DEPARTMENT, DISTRICT ATTORNEY, DULY INCORPORATED SOCIE-
   51  TY FOR THE PREVENTION OF CRUELTY TO ANIMALS, OR DULY INCORPORATED HUMANE
   52  SOCIETY, OR AUTHORIZED AGENTS  THEREOF,  AND  DISPOSED  OF  PURSUANT  TO
   53  SUBDIVISION FIVE OF THIS SECTION.
   54    3.  THE  COURT  MAY  ORDER  THAT  THE  CONVICTED PERSON SHALL NOT OWN,
   55  HARBOR, OR HAVE CUSTODY OR CONTROL OF ANY OTHER ANIMALS, OTHER THAN FARM
   56  ANIMALS, FOR A PERIOD OF TIME  WHICH  THE  COURT  DEEMS  REASONABLE.  IN
       A. 775--B                           6

    1  MAKING ITS DETERMINATION OF WHAT PERIOD OF TIME IS REASONABLE, THE COURT
    2  SHALL  TAKE INTO ACCOUNT THE TOTALITY OF THE CIRCUMSTANCES BEFORE IT AND
    3  BE BOUND TO NO SINGLE FACTOR. SUCH ORDER MUST BE IN WRITING AND  SPECIF-
    4  ICALLY STATE THE PERIOD OF TIME IMPOSED.
    5    4. NO DOG OR CAT IN THE CUSTODY OF A DULY INCORPORATED SOCIETY FOR THE
    6  PREVENTION OF CRUELTY TO ANIMALS, A DULY INCORPORATED HUMANE SOCIETY, OR
    7  A  POUND  OR  SHELTER,  OR  ITS  AUTHORIZED AGENTS, SHALL BE USED, SOLD,
    8  TRANSFERRED OR OTHERWISE MADE AVAILABLE TO ANY PERSON FOR THE PURPOSE OF
    9  RESEARCH, EXPERIMENTATION OR TESTING. NO  AUTHORIZED  AGENT  OF  A  DULY
   10  INCORPORATED  SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, NOR OF A
   11  DULY INCORPORATED HUMANE SOCIETY, SHALL USE ANY  ANIMAL  PLACED  IN  ITS
   12  CUSTODY  BY  THE DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY
   13  TO ANIMALS OR DULY  INCORPORATED  HUMANE  SOCIETY  FOR  THE  PURPOSE  OF
   14  RESEARCH, EXPERIMENTATION OR TESTING.
   15    5.  AN  ANIMAL  SHELTER,  POUND, SHERIFF, MUNICIPAL POLICE DEPARTMENT,
   16  DISTRICT ATTORNEY, OR DULY INCORPORATED SOCIETY FOR  THE  PREVENTION  OF
   17  CRUELTY  TO  ANIMALS  OR A DULY INCORPORATED HUMANE SOCIETY IN CHARGE OF
   18  ANIMALS FORFEITED PURSUANT TO SUBDIVISIONS ONE OR TWO  IF  THIS  SECTION
   19  MAY,  IN  ITS  DISCRETION, LAWFULLY AND WITHOUT LIABILITY, ADOPT THEM TO
   20  INDIVIDUALS OTHER THAN THE CONVICTED PERSON OR PERSON  CHARGED  WITH  AN
   21  ANIMAL  CRUELTY OFFENSE FOR CONSPIRING, AIDING OR ABETTING IN THE UNLAW-
   22  FUL ACT WHICH WAS THE BASIS OF THE CONVICTION, OR OTHERWISE ACTING AS AN
   23  ACCOMPLICE, IF SUCH CHARGE HAS NOT YET  BEEN  ADJUDICATED,  OR  HUMANELY
   24  DISPOSE  OF  THEM  SUBJECT TO SECTION THREE HUNDRED SEVENTY-FOUR OF THIS
   25  ARTICLE.
   26    6. (A) PRIOR TO AN ORDER OF FORFEITURE  OF  FARM  ANIMALS,  A  HEARING
   27  SHALL BE HELD WITHIN THIRTY DAYS OF CONVICTION, TO DETERMINE THE PECUNI-
   28  ARY  INTERESTS  OF  ANY  OTHER PERSON IN THE FARM ANIMALS WHICH WERE THE
   29  BASIS OF THE CONVICTION. WRITTEN NOTICE SHALL BE SERVED  AT  LEAST  FIVE
   30  DAYS  PRIOR  TO  THE  HEARING  UPON ALL INTERESTED PERSONS. IN ADDITION,
   31  NOTICE SHALL BE MADE BY PUBLICATION IN A LOCAL NEWSPAPER AT LEAST  SEVEN
   32  DAYS  PRIOR TO THE HEARING. FOR THE PURPOSES OF THIS SUBDIVISION, INTER-
   33  ESTED PERSONS SHALL MEAN ANY INDIVIDUAL, PARTNERSHIP, FIRM, JOINT  STOCK
   34  COMPANY,  CORPORATION, ASSOCIATION, TRUST, ESTATE, OR OTHER LEGAL ENTITY
   35  WHO THE COURT DETERMINES MAY HAVE  A  PECUNIARY  INTEREST  IN  THE  FARM
   36  ANIMALS WHICH ARE THE SUBJECT OF THE FORFEITURE ACTION.
   37    (B)  ALL  INTERESTED  PERSONS  SHALL BE PROVIDED AN OPPORTUNITY AT THE
   38  HEARING TO REDEEM THEIR INTEREST AS  DETERMINED  BY  THE  COURT  IN  THE
   39  SUBJECT  FARM  ANIMALS  AND  TO  PURCHASE  THE INTEREST OF THE CONVICTED
   40  PERSON. THE CONVICTED PERSON SHALL BE ENTITLED TO BE REIMBURSED  HIS  OR
   41  HER  INTEREST  IN  THE  FARM ANIMALS, LESS ANY COSTS, FINES OR PENALTIES
   42  IMPOSED BY THE  COURT,  AS  SPECIFIED  UNDER  SUBDIVISION  TWO  OF  THIS
   43  SECTION.  IN  NO  CASE  SHALL  THE COURT AWARD CUSTODY OR CONTROL OF THE
   44  ANIMALS TO ANY INTERESTED PERSON WHO CONSPIRED, AIDED OR ABETTED IN  THE
   45  UNLAWFUL  ACT  WHICH  WAS  THE  BASIS  OF THE CONVICTION, OR WHO KNEW OR
   46  SHOULD HAVE KNOWN OF THE UNLAWFUL ACT.
   47    7. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT OR RESTRICT  IN
   48  ANY  WAY THE RIGHTS OF A SECURED PARTY HAVING A SECURITY INTEREST IN ANY
   49  FARM ANIMAL DESCRIBED IN THIS SECTION. THIS SECTION EXPRESSLY  DOES  NOT
   50  IMPAIR OR SUBORDINATE THE RIGHTS OF SUCH A SECURED LENDER HAVING A SECU-
   51  RITY  INTEREST  IN FARM ANIMALS OR IN THE PROCEEDS FROM THE SALE OF SUCH
   52  FARM ANIMALS.
   53    S 9. The penal law is amended by adding a  new  title  Q  to  read  as
   54  follows:
   55                                   TITLE Q
   56                          OFFENSES AGAINST ANIMALS
       A. 775--B                           7

    1                                 ARTICLE 280
    2                          OFFENSES AGAINST ANIMALS
    3  SECTION 280.00 DEFINITIONS.
    4          280.05 PROMOTING ANIMAL FIGHTING IN THE SECOND DEGREE.
    5          280.10 PROMOTING ANIMAL FIGHTING IN THE FIRST DEGREE.
    6          280.20 ANIMAL CRUELTY IN THE SECOND DEGREE.
    7          280.25 ANIMAL CRUELTY IN THE FIRST DEGREE.
    8          280.30 UNLAWFUL  DEALING WITH ANIMALS USED FOR RACING, BREEDING,
    9                   OR COMPETITIVE EXHIBITION OF SKILL, BREED OR STAMINA.
   10          280.35 ENDANGERING THE WELFARE OF ANIMALS.
   11          280.40 ANIMAL ABDUCTION IN THE THIRD DEGREE.
   12          280.45 ANIMAL ABDUCTION IN THE SECOND DEGREE.
   13          280.50 ANIMAL ABDUCTION IN THE FIRST DEGREE.
   14          280.55 UNAUTHORIZED POSSESSION OF ANIMAL PRESUMPTIVE EVIDENCE OF
   15                   RESTRAINT AND ABDUCTION.
   16          280.60 FAILURE TO PROVIDE  APPROPRIATE  SHELTER  FOR  DOGS  LEFT
   17                   OUTDOORS.
   18          280.65 CONFINEMENT  OF  COMPANION ANIMALS IN VEHICLES IN EXTREME
   19                   TEMPERATURES.
   20          280.70 LEAVING NEW YORK STATE TO AVOID PROVISIONS OF THIS  ARTI-
   21                   CLE.
   22          280.75 EVIDENTIARY  AND IMPOUNDMENT PROCEDURES BY MEMBERS OF LAW
   23                   ENFORCEMENT.
   24          280.80 SPECIAL SENTENCING PROVISIONS APPLICABLE.
   25  S 280.00 DEFINITIONS.
   26    THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS ARTICLE:
   27    1. "ANIMAL," AS USED IN THIS ARTICLE, INCLUDES EVERY  LIVING  CREATURE
   28  EXCEPT A HUMAN BEING.
   29    2.  "CRUELTY"  INCLUDES EVERY ACT, OMISSION, OR NEGLECT, WHEREBY PHYS-
   30  ICAL PAIN, SUFFERING OR DEATH IS CAUSED OR PERMITTED, AND SHALL  SPECIF-
   31  ICALLY  INCLUDE  ANY ACT OF OVERDRIVING, OVERLOADING, INJURING, MAIMING,
   32  MUTILATING, OR KILLING OF AN ANIMAL.
   33    3. "AGGRAVATED CRUELTY" SHALL MEAN AN ACT OF CRUELTY THAT IS  DONE  OR
   34  CARRIED OUT IN AN ESPECIALLY DEPRAVED OR SADISTIC MANNER.
   35    4.  "TORTURE" MEANS CONDUCT THAT IS INTENDED TO CAUSE EXTREME PHYSICAL
   36  PAIN.
   37    5. "ADOPTION" MEANS THE DELIVERY OF ANY ANIMAL, FORFEITED,  SEIZED  OR
   38  SURRENDERED,  TO  ANY NATURAL PERSON EIGHTEEN YEARS OF AGE OR OLDER, FOR
   39  THE PURPOSE OF THAT PERSON PERMANENTLY HARBORING SUCH ANIMAL AS A PET.
   40    6. "FARM ANIMAL," AS USED IN THIS ARTICLE, MEANS ANY  UNGULATE,  POUL-
   41  TRY, SPECIES OF CATTLE, SHEEP, SWINE, GOATS, LLAMAS, HORSES OR FUR-BEAR-
   42  ING  ANIMALS, AS DEFINED IN SECTION 11-1907 OF THE ENVIRONMENTAL CONSER-
   43  VATION LAW, WHICH ARE RAISED FOR  COMMERCIAL  OR  SUBSISTENCE  PURPOSES.
   44  FUR-BEARING ANIMAL, AS REFERENCED IN THIS SUBDIVISION, SHALL NOT INCLUDE
   45  DOGS OR CATS.
   46    7.  "COMPANION  ANIMAL"  OR "PET" MEANS ANY DOG OR CAT, AND SHALL ALSO
   47  MEAN ANY OTHER DOMESTICATED ANIMAL NORMALLY MAINTAINED IN  OR  NEAR  THE
   48  HOUSEHOLD  OF  THE OWNER OR PERSON WHO CARES FOR SUCH OTHER DOMESTICATED
   49  ANIMAL. "COMPANION ANIMAL" OR "PET" SHALL NOT INCLUDE A "FARM ANIMAL" AS
   50  DEFINED IN THIS SECTION.
   51    8. "ANIMAL FIGHTING" MEANS ANY FIGHT BETWEEN COCKS OR OTHER BIRDS,  OR
   52  BETWEEN  DOGS,  BULLS,  BEARS  OR ANY OTHER ANIMALS, OR BETWEEN ANY SUCH
   53  ANIMAL AND A PERSON OR PERSONS, EXCEPT IN EXHIBITIONS OF A KIND COMMONLY
   54  FEATURED AT RODEOS, WHICH SERVES NO LEGITIMATE PURPOSE.
   55    9. "ABANDONS," AS USED IN THIS ARTICLE, MEANS ANY  ACTION  TAKEN  THAT
   56  REFLECTS   WILLFUL  DEPARTURE  FROM  THE  OWNERSHIP,  POSSESSION,  CARE,
       A. 775--B                           8

    1  CONTROL, CHARGE  OR  CUSTODY  OF  AN  ANIMAL,  WITHOUT  MAKING  ADEQUATE
    2  PROVISIONS FOR THE ANIMAL'S FUTURE CARE.
    3    10.  "RESTRAIN"  MEANS TO RESTRICT AN ANIMAL'S MOVEMENTS INTENTIONALLY
    4  AND UNLAWFULLY IN SUCH MANNER AS TO  INTERFERE  SUBSTANTIALLY  WITH  ITS
    5  LIBERTY  BY  MOVING  IT  FROM  ONE  PLACE TO ANOTHER, OR BY CONFINING IT
    6  EITHER IN THE PLACE WHERE THE RESTRICTION COMMENCES OR  IN  A  PLACE  TO
    7  WHICH  IT  HAS BEEN MOVED, WITH KNOWLEDGE THAT THE RESTRICTION IS UNLAW-
    8  FUL.
    9    11. "ABDUCT" MEANS TO RESTRAIN AN ANIMAL WITH INTENT  TO  PREVENT  ITS
   10  LIBERATION  BY SECRETING OR HOLDING IT IN A PLACE WHERE IT IS NOT LIKELY
   11  TO BE FOUND.
   12    12. "ANIMAL FIGHTING PARAPHERNALIA" SHALL MEAN EQUIPMENT, PRODUCTS, OR
   13  MATERIALS OF ANY KIND THAT ARE USED, INTENDED FOR USE, OR  DESIGNED  FOR
   14  USE  IN THE TRAINING, PREPARATION, CONDITIONING OR FURTHERANCE OF ANIMAL
   15  FIGHTING. ANIMAL FIGHTING PARAPHERNALIA INCLUDES (I) A  BREAKING  STICK,
   16  WHICH  MEANS  A DEVICE DESIGNED FOR INSERTION BEHIND THE MOLARS OF A DOG
   17  FOR THE PURPOSE OF BREAKING THE DOG'S GRIP ON ANOTHER ANIMAL OR  OBJECT;
   18  (II)  A  CAT  MILL,  WHICH  MEANS A DEVICE THAT ROTATES AROUND A CENTRAL
   19  SUPPORT WITH ONE ARM DESIGNED TO SECURE A DOG AND ONE  ARM  DESIGNED  TO
   20  SECURE A CAT, RABBIT, OR OTHER SMALL ANIMAL BEYOND THE GRASP OF THE DOG;
   21  (III)  A  TREADMILL,  WHICH  MEANS  AN  EXERCISE DEVICE CONSISTING OF AN
   22  ENDLESS BELT ON WHICH THE ANIMAL WALKS OR RUNS WITHOUT CHANGING  PLACES;
   23  (IV)  A SPRINGPOLE, WHICH MEANS A BITING SURFACE ATTACHED TO A STRETCHA-
   24  BLE DEVICE, SUSPENDED AT A HEIGHT  SUFFICIENT  TO  PREVENT  A  DOG  FROM
   25  REACHING  THE  BITING  SURFACE WHILE TOUCHING THE GROUND; (V) A FIGHTING
   26  PIT, WHICH MEANS A WALLED AREA, OR OTHERWISE DEFINED AREA,  DESIGNED  TO
   27  CONTAIN  AN ANIMAL FIGHT; (VI) ANY OTHER INSTRUMENT COMMONLY USED IN THE
   28  FURTHERANCE OF PITTING AN ANIMAL AGAINST ANOTHER ANIMAL.
   29  S 280.05 PROMOTING ANIMAL FIGHTING IN THE SECOND DEGREE.
   30    A PERSON IS GUILTY OF PROMOTING ANIMAL FIGHTING IN THE  SECOND  DEGREE
   31  WHEN SUCH PERSON:
   32    1.  OWNS, POSSESSES, OR KEEPS ANY ANIMAL UNDER ANY CIRCUMSTANCE EVINC-
   33  ING AN INTENT THAT SUCH ANIMAL ENGAGE IN ANIMAL FIGHTING; OR
   34    2. PAYS AN ADMISSION FEE, MAKES A WAGER, OR IS  OTHERWISE  PRESENT  AT
   35  ANY PLACE WHERE AN EXHIBITION OF ANIMAL FIGHTING IS BEING CONDUCTED, AND
   36  SUCH PERSON HAS KNOWLEDGE THAT SUCH AN EXHIBITION IS BEING CONDUCTED.
   37    3.  OWNS,  POSSESSES, SELLS, TRANSFERS OR MANUFACTURES ANIMAL FIGHTING
   38  PARAPHERNALIA UNDER  ANY  CIRCUMSTANCE  EVINCING  AN  INTENT  THAT  SUCH
   39  PARAPHERNALIA  BE  USED  TO ENGAGE IN OR OTHERWISE PROMOTE OR FACILITATE
   40  ANIMAL FIGHTING.
   41    PROMOTING ANIMAL FIGHTING IN THE SECOND DEGREE IS A CLASS A  MISDEMEA-
   42  NOR.
   43  S 280.10 PROMOTING ANIMAL FIGHTING IN THE FIRST DEGREE.
   44    A  PERSON  IS  GUILTY OF PROMOTING ANIMAL FIGHTING IN THE FIRST DEGREE
   45  WHEN SUCH PERSON:
   46    1. INTENTIONALLY CAUSES AN ANIMAL TO ENGAGE IN ANIMAL FIGHTING; OR
   47    2. TRAINS AN ANIMAL UNDER CIRCUMSTANCES EVINCING AN INTENT  THAT  SUCH
   48  ANIMAL ENGAGE IN ANIMAL FIGHTING; OR
   49    3.  BREEDS,  TRANSFERS,  SELLS,  OR  OFFERS  FOR  SALE AN ANIMAL UNDER
   50  CIRCUMSTANCES EVINCING AN INTENT  THAT  SUCH  ANIMAL  ENGAGE  IN  ANIMAL
   51  FIGHTING; OR
   52    4. PERMITS ANY ACT DESCRIBED IN SUBDIVISIONS ONE, TWO OR THREE OF THIS
   53  SECTION TO OCCUR ON PREMISES UNDER HIS OR HER CONTROL; OR
   54    5.  OWNS, POSSESSES, HARBORS, OR KEEPS ANY ANIMAL ON PREMISES WHERE AN
   55  EXHIBITION OF ANIMAL FIGHTING IS  BEING  CONDUCTED  UNDER  CIRCUMSTANCES
   56  EVINCING AN INTENT THAT SUCH ANIMAL ENGAGE IN ANIMAL FIGHTING.
       A. 775--B                           9

    1    PROMOTING ANIMAL FIGHTING IN THE FIRST DEGREE IS A CLASS D FELONY.
    2  S 280.20 ANIMAL CRUELTY IN THE SECOND DEGREE.
    3    A PERSON IS GUILTY OF ANIMAL CRUELTY IN THE SECOND DEGREE WHEN:
    4    1.  HAVING  OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR CUSTODY OF
    5  AN ANIMAL, HE OR SHE DEPRIVES SUCH ANIMAL OF,  OR  NEGLECTS  TO  FURNISH
    6  SUCH  ANIMAL  WITH,  NUTRITION,  HYDRATION,  VETERINARY CARE, OR SHELTER
    7  ADEQUATE TO  MAINTAIN  THE  ANIMAL'S  HEALTH  AND  COMFORT,  OR  CAUSES,
    8  PROCURES, OR PERMITS SUCH ANIMAL TO BE DEPRIVED OF NUTRITION, HYDRATION,
    9  VETERINARY CARE, OR SHELTER ADEQUATE TO MAINTAIN THE ANIMAL'S HEALTH AND
   10  COMFORT,  AND  HE  OR SHE KNOWS OR REASONABLY SHOULD KNOW THAT THAT SUCH
   11  ANIMAL IS NOT RECEIVING ADEQUATE NUTRITION, HYDRATION, VETERINARY  CARE,
   12  OR SHELTER; OR
   13    2.  HAVING  OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR CUSTODY OF
   14  AN ANIMAL, HE OR SHE ABANDONS SUCH ANIMAL; OR
   15    3. HAVING NO JUSTIFIABLE PURPOSE,  HE  OR  SHE  KNOWINGLY  INSTIGATES,
   16  ENGAGES  IN,  OR  IN  ANY  WAY FURTHERS CRUELTY TO AN ANIMAL, OR ANY ACT
   17  TENDING TO PRODUCE SUCH CRUELTY; OR
   18    4. HAVING NO JUSTIFIABLE PURPOSE, HE OR SHE ADMINISTERS OR EXPOSES ANY
   19  POISONOUS OR NOXIOUS DRUG OR SUBSTANCE TO AN ANIMAL,  WITH  INTENT  THAT
   20  THE ANIMAL TAKE THE SAME AND WITH INTENT TO INJURE THE ANIMAL.
   21    NOTHING  CONTAINED  IN  THIS SECTION SHALL BE CONSTRUED TO PROHIBIT OR
   22  INTERFERE IN ANY WAY WITH ANYONE LAWFULLY ENGAGED IN HUNTING,  TRAPPING,
   23  OR FISHING, AS PROVIDED IN ARTICLE ELEVEN OF THE ENVIRONMENTAL CONSERVA-
   24  TION  LAW,  THE  DISPATCH  OF  RABID OR DISEASED ANIMALS, AS PROVIDED IN
   25  ARTICLE TWENTY-ONE OF THE PUBLIC HEALTH LAW, OR THE DISPATCH OF  ANIMALS
   26  POSING  A  THREAT TO HUMAN SAFETY OR OTHER ANIMALS, WHERE SUCH ACTION IS
   27  OTHERWISE  LEGALLY  AUTHORIZED.  NOTHING  HEREIN  CONTAINED   SHALL   BE
   28  CONSTRUED TO PROHIBIT OR INTERFERE WITH ANY PROPERLY CONDUCTED SCIENTIF-
   29  IC  TESTS,  EXPERIMENTS,  OR  INVESTIGATIONS INVOLVING THE USE OF LIVING
   30  ANIMALS, PERFORMED OR CONDUCTED IN LABORATORIES OR  INSTITUTIONS,  WHICH
   31  ARE APPROVED FOR THESE PURPOSES BY THE STATE COMMISSIONER OF HEALTH. THE
   32  STATE  COMMISSIONER OF HEALTH SHALL PRESCRIBE THE RULES UNDER WHICH SUCH
   33  APPROVALS SHALL BE GRANTED, INCLUDING THEREIN  STANDARDS  REGARDING  THE
   34  CARE  AND  TREATMENT  OF ANY SUCH ANIMALS. SUCH RULES SHALL BE PUBLISHED
   35  AND COPIES THEREOF CONSPICUOUSLY  POSTED  IN  EACH  SUCH  LABORATORY  OR
   36  INSTITUTION. THE STATE COMMISSIONER OF HEALTH OR HIS OR HER DULY AUTHOR-
   37  IZED REPRESENTATIVE SHALL HAVE THE POWER TO INSPECT SUCH LABORATORIES OR
   38  INSTITUTIONS  TO  INSURE  COMPLIANCE WITH SUCH RULES AND STANDARDS. EACH
   39  SUCH APPROVAL MAY BE REVOKED AT ANY TIME FOR FAILURE TO COMPLY WITH SUCH
   40  RULES AND IN ANY CASE THE APPROVAL SHALL BE  LIMITED  TO  A  PERIOD  NOT
   41  EXCEEDING ON YEAR.
   42    ANIMAL CRUELTY IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR.
   43  S 280.25 ANIMAL CRUELTY IN THE FIRST DEGREE.
   44    A PERSON IS GUILTY OF ANIMAL CRUELTY IN THE FIRST DEGREE WHEN:
   45    1. HAVING NO JUSTIFIABLE PURPOSE AND WITH INTENT TO CAUSE THE DEATH OF
   46  A COMPANION ANIMAL, HE OR SHE CAUSES THE DEATH OF SUCH ANIMAL; OR
   47    2.  HAVING  NO  JUSTIFIABLE  PURPOSE  AND WITH INTENT TO CAUSE SERIOUS
   48  PHYSICAL INJURY TO A COMPANION ANIMAL, HE OR SHE CAUSES SUCH  INJURY  TO
   49  SUCH ANIMAL; OR
   50    3.  HAVING NO JUSTIFIABLE PURPOSE, HE OR SHE INTENTIONALLY TORTURES AN
   51  ANIMAL OR KNOWINGLY INSTIGATES, ENGAGES IN,  OR  IN  ANY  WAYS  FURTHERS
   52  AGGRAVATED  CRUELTY  TO  AN  ANIMAL,  OR ANY ACT TENDING TO PRODUCE SUCH
   53  AGGRAVATED CRUELTY; OR
   54    4. COMMITS THE CRIME  OF  ANIMAL  CRUELTY  IN  THE  SECOND  DEGREE  IN
   55  VIOLATION OF SUBDIVISION FOUR OF SECTION 280.20 OF THIS ARTICLE AND SUCH
   56  ANIMAL IS A HORSE, MULE, OR DOMESTIC CATTLE; OR
       A. 775--B                          10

    1    5.  COMMITS  THE  CRIME  OF  ANIMAL  CRUELTY  IN  THE SECOND DEGREE IN
    2  VIOLATION OF SECTION 280.20 OF THIS  ARTICLE  AND  HAS  PREVIOUSLY  BEEN
    3  CONVICTED,  WITHIN  THE  PRECEDING  TEN  YEARS, OF ANIMAL CRUELTY IN THE
    4  SECOND DEGREE.
    5    NOTHING  CONTAINED  IN  THIS SECTION SHALL BE CONSTRUED TO PROHIBIT OR
    6  INTERFERE IN ANY WAY WITH ANYONE LAWFULLY ENGAGED IN HUNTING,  TRAPPING,
    7  OR FISHING, AS PROVIDED IN ARTICLE ELEVEN OF THE ENVIRONMENTAL CONSERVA-
    8  TION  LAW,  THE  DISPATCH  OF  RABID OR DISEASED ANIMALS, AS PROVIDED IN
    9  ARTICLE TWENTY-ONE OF THE PUBLIC HEALTH LAW,  THE  DISPATCH  OF  ANIMALS
   10  POSING  A  THREAT TO HUMAN SAFETY OR OTHER ANIMALS, WHERE SUCH ACTION IS
   11  OTHERWISE LEGALLY  AUTHORIZED,  OR  ANY  PROPERLY  CONDUCTED  SCIENTIFIC
   12  TESTS,  EXPERIMENTS,  OR  INVESTIGATIONS  INVOLVING  THE  USE  OF LIVING
   13  ANIMALS, PERFORMED OR CONDUCTED IN LABORATORIES OR INSTITUTIONS APPROVED
   14  FOR SUCH PURPOSES BY THE COMMISSIONER  OF  HEALTH  PURSUANT  TO  SECTION
   15  280.20 OF THIS ARTICLE.
   16    ANIMAL CRUELTY IN THE FIRST DEGREE IS A CLASS D FELONY.
   17  S 280.30 UNLAWFUL  DEALING  WITH  ANIMALS  USED FOR RACING, BREEDING, OR
   18             COMPETITIVE EXHIBITION OF SKILL, BREED OR STAMINA.
   19    A PERSON IS GUILTY OF UNLAWFUL DEALING WITH ANIMALS USED  FOR  RACING,
   20  BREEDING,  OR  COMPETITIVE  EXHIBITION  OF SKILL, BREED, OR STAMINA WHEN
   21  SUCH PERSON:
   22    1. COMMITS THE CRIME  OF  ANIMAL  CRUELTY  IN  THE  SECOND  DEGREE  IN
   23  VIOLATION  OF  SECTION  280.20  OF  THIS  ARTICLE, AND SUCH ANIMAL IS AN
   24  ANIMAL USED FOR THE PURPOSES OF RACING, BREEDING OR COMPETITIVE  EXHIBI-
   25  TION OF SKILL, BREED, OR STAMINA; OR
   26    2.  HAVING  NO  JUSTIFIABLE  PURPOSE, HE OR SHE TAMPERS WITH AN ANIMAL
   27  USED FOR THE PURPOSES OF RACING, BREEDING, OR COMPETITIVE EXHIBITION  OF
   28  SKILL,  BREED,  OR  STAMINA, OR OTHERWISE INTERFERES WITH SUCH AN ANIMAL
   29  DURING A RACE OR COMPETITIVE EXHIBITION OF SKILL, BREED, OR STAMINA.
   30    UNLAWFUL DEALING WITH ANIMALS USED FOR RACING, BREEDING OR COMPETITIVE
   31  EXHIBITION OF SKILL, BREED OR STAMINA IS A CLASS E FELONY.
   32  S 280.35 ENDANGERING THE WELFARE OF ANIMALS.
   33    A PERSON IS GUILTY OF ENDANGERING THE WELFARE OF  ANIMALS  WHEN,  WITH
   34  THE  INTENT  TO CAUSE INJURY TO AN ANIMAL, OR RECKLESSLY CREATING A RISK
   35  THEREOF, SUCH PERSON:
   36    1. CREATES A HAZARDOUS  OR  PHYSICALLY  OFFENSIVE  CONDITION  FOR  ANY
   37  ANIMAL BY ANY ACT THAT SERVES NO LEGITIMATE PURPOSE; OR
   38    2.  THROWS, DROPS OR PLACES, OR CAUSES TO BE THROWN, DROPPED OR PLACED
   39  IN A PUBLIC PLACE, A SUBSTANCE THAT MIGHT WOUND, DISABLE, OR INJURE  ANY
   40  ANIMAL.
   41    ENDANGERING THE WELFARE OF ANIMALS IS A VIOLATION.
   42  S 280.40 ANIMAL ABDUCTION IN THE THIRD DEGREE.
   43    A  PERSON  IS GUILTY OF ANIMAL ABDUCTION IN THE THIRD DEGREE WHEN SUCH
   44  PERSON RESTRAINS A COMPANION ANIMAL WITHOUT THE CONSENT OF THE  INDIVID-
   45  UAL  HAVING OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR CUSTODY OVER
   46  SAID COMPANION ANIMAL.
   47    ANIMAL ABDUCTION IN THE THIRD DEGREE IS A CLASS B MISDEMEANOR.
   48  S 280.45 ANIMAL ABDUCTION IN THE SECOND DEGREE.
   49    A PERSON IS GUILTY OF ANIMAL ABDUCTION IN THE SECOND DEGREE WHEN  SUCH
   50  PERSON  ABDUCTS A COMPANION ANIMAL WITHOUT THE CONSENT OF THE INDIVIDUAL
   51  HAVING OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR CUSTODY OVER SAID
   52  COMPANION ANIMAL.
   53    ANIMAL ABDUCTION IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR.
   54  S 280.50 ANIMAL ABDUCTION IN THE FIRST DEGREE.
   55    A PERSON IS GUILTY OF ANIMAL ABDUCTION IN THE FIRST DEGREE  WHEN  SUCH
   56  PERSON  ABDUCTS  OR  RESTRAINS A COMPANION ANIMAL WITHOUT THE CONSENT OF
       A. 775--B                          11

    1  THE INDIVIDUAL HAVING OWNERSHIP, POSSESSION, CARE,  CONTROL,  CHARGE  OR
    2  CUSTODY OVER SAID COMPANION ANIMAL, AND WHEN:
    3    1.  SUCH  PERSON'S  INTENT  IS TO COMPEL THE PAYMENT OR DELIVERANCE OF
    4  MONEY OR PROPERTY AS RANSOM, OR TO ENGAGE IN OTHER  PARTICULAR  CONDUCT,
    5  OR TO REFRAIN FROM ENGAGING IN PARTICULAR CONDUCT; OR
    6    2. SUCH PERSON CAUSES PHYSICAL INJURY TO THE COMPANION ANIMAL; OR
    7    3. THE COMPANION ANIMAL DIES DURING THE ABDUCTION OR BEFORE IT IS ABLE
    8  TO  RETURN  OR  BE RETURNED TO SAFETY. SUCH DEATH SHALL BE PRESUMED FROM
    9  EVIDENCE  THAT  THE  INDIVIDUAL  HAVING  OWNERSHIP,  POSSESSION,   CARE,
   10  CONTROL,  CHARGE  OR  CUSTODY OVER SAID COMPANION ANIMAL DID NOT SEE THE
   11  ANIMAL FOLLOWING THE TERMINATION OF THE ABDUCTION AND PRIOR TO TRIAL AND
   12  RECEIVED NO RELIABLE INFORMATION DURING SUCH PERIOD  PERSUASIVELY  INDI-
   13  CATING THAT SUCH ANIMAL WAS ALIVE.
   14    ANIMAL ABDUCTION IN THE FIRST DEGREE IS A CLASS D FELONY.
   15  S  280.55  UNAUTHORIZED  POSSESSION  OF  ANIMAL  PRESUMPTIVE EVIDENCE OF
   16             RESTRAINT AND ABDUCTION.
   17    THE UNAUTHORIZED POSSESSION OF A COMPANION ANIMAL BY ANY PERSON  WITH-
   18  OUT  THE  CONSENT  OF THE INDIVIDUAL HAVING OWNERSHIP, POSSESSION, CARE,
   19  CONTROL, CHARGE OR CUSTODY OVER SAID  COMPANION  ANIMAL,  FOR  A  PERIOD
   20  EXCEEDING  TEN DAYS, WITHOUT NOTIFYING EITHER SAID INDIVIDUAL, THE LOCAL
   21  POLICE AUTHORITIES, THE LOCAL MUNICIPAL SHELTER OR POUND, OR THE  SUPER-
   22  INTENDENT  OF  THE STATE POLICE AT ALBANY, NEW YORK, OF SUCH POSSESSION,
   23  SHALL BE PRESUMPTIVE EVIDENCE OF RESTRAINT AND ABDUCTION.
   24  S 280.60 FAILURE TO PROVIDE APPROPRIATE SHELTER FOR DOGS LEFT OUTDOORS.
   25    1. FOR PURPOSES OF THIS SECTION:
   26    (A) "PHYSICAL CONDITION" SHALL INCLUDE ANY SPECIAL MEDICAL NEEDS OF  A
   27  DOG  DUE TO DISEASE, ILLNESS, INJURY, AGE OR BREED ABOUT WHICH THE OWNER
   28  OR PERSON WITH CUSTODY OR CONTROL OF THE DOG SHOULD REASONABLY BE AWARE.
   29    (B) "INCLEMENT WEATHER" SHALL MEAN WEATHER CONDITIONS THAT ARE  LIKELY
   30  TO  ADVERSELY  AFFECT THE HEALTH OR SAFETY OF THE DOG, INCLUDING BUT NOT
   31  LIMITED TO RAIN, SLEET, ICE, SNOW, WIND, OR EXTREME HEAT AND COLD.
   32    (C) "DOGS THAT ARE LEFT OUTDOORS" SHALL MEAN DOGS THAT ARE OUTDOORS IN
   33  INCLEMENT WEATHER WITHOUT READY ACCESS TO, OR THE ABILITY  TO  ENTER,  A
   34  HOUSE,  APARTMENT  BUILDING,  OFFICE  BUILDING,  OR  ANY OTHER PERMANENT
   35  STRUCTURE THAT COMPLIES WITH THE STANDARDS ENUMERATED IN  PARAGRAPH  (B)
   36  OF SUBDIVISION THREE OF THIS SECTION.
   37    2.  (A) ANY PERSON WHO OWNS OR HAS CUSTODY OR CONTROL OF A DOG THAT IS
   38  LEFT OUTDOORS SHALL PROVIDE IT WITH SHELTER APPROPRIATE  TO  ITS  BREED,
   39  PHYSICAL CONDITION AND THE CLIMATE.
   40    (B)  BEGINNING  SEVENTY-TWO  HOURS  AFTER  A  CHARGE OF VIOLATING THIS
   41  SECTION, EACH DAY THAT A DEFENDANT FAILS TO CORRECT THE DEFICIENCIES  IN
   42  THE  DOG  SHELTER FOR A DOG THAT HE OR SHE OWNS OR THAT IS IN HIS OR HER
   43  CUSTODY OR CONTROL AND THAT IS LEFT OUTDOORS, SO AS  TO  BRING  IT  INTO
   44  COMPLIANCE  WITH THE PROVISIONS OF THIS SECTION SHALL CONSTITUTE A SEPA-
   45  RATE OFFENSE.
   46    3. MINIMUM STANDARDS FOR DETERMINING WHETHER SHELTER IS APPROPRIATE TO
   47  A DOG'S BREED, PHYSICAL CONDITION AND THE CLIMATE SHALL INCLUDE:
   48    (A) FOR DOGS THAT ARE RESTRAINED IN  ANY  MANNER  OUTDOORS,  SHADE  BY
   49  NATURAL  OR  ARTIFICIAL MEANS TO PROTECT THE DOG FROM DIRECT SUNLIGHT AT
   50  ALL TIMES WHEN EXPOSURE TO SUNLIGHT IS LIKELY TO THREATEN THE HEALTH  OF
   51  THE DOG.
   52    (B)  FOR ALL DOGS THAT ARE LEFT OUTDOORS IN INCLEMENT WEATHER, A HOUS-
   53  ING FACILITY, WHICH MUST: (1) HAVE A  WATERPROOF  ROOF;  (2)  BE  STRUC-
   54  TURALLY  SOUND  WITH INSULATION APPROPRIATE TO LOCAL CLIMATIC CONDITIONS
   55  AND SUFFICIENT TO  PROTECT  THE  DOG  FROM  INCLEMENT  WEATHER;  (3)  BE
   56  CONSTRUCTED  TO  ALLOW  EACH  DOG  ADEQUATE  FREEDOM OF MOVEMENT TO MAKE
       A. 775--B                          12

    1  NORMAL POSTURAL ADJUSTMENTS, INCLUDING THE ABILITY  TO  STAND  UP,  TURN
    2  AROUND  AND  LIE  DOWN  WITH  ITS  LIMBS OUTSTRETCHED; AND (4) ALLOW FOR
    3  EFFECTIVE REMOVAL OF EXCRETIONS, OTHER WASTE MATERIAL; DIRT  AND  TRASH.
    4  THE  HOUSING  FACILITY  AND THE AREA IMMEDIATELY SURROUNDING IT SHALL BE
    5  REGULARLY CLEANED TO MAINTAIN A HEALTHY AND SANITARY ENVIRONMENT AND  TO
    6  MINIMIZE HEALTH HAZARDS.
    7    4.  INADEQUATE SHELTER MAY BE INDICATED BY THE APPEARANCE OF THE HOUS-
    8  ING FACILITY ITSELF, INCLUDING BUT  NOT  LIMITED  TO,  SIZE,  STRUCTURAL
    9  SOUNDNESS,  EVIDENCE  OF CROWDING WITHIN THE HOUSING FACILITY, HEALTHFUL
   10  ENVIRONMENT IN THE AREA IMMEDIATELY SURROUNDING SUCH FACILITY, OR BY THE
   11  APPEARANCE OR PHYSICAL CONDITION OF THE DOG.
   12    5. UPON A FINDING OF ANY VIOLATION OF THIS SECTION, ANY  DOG  OR  DOGS
   13  SEIZED  PURSUANT  TO  THE  PROVISIONS OF THIS ARTICLE THAT HAVE NOT BEEN
   14  VOLUNTARILY SURRENDERED BY THE OWNER OR CUSTODIAN OR FORFEITED  PURSUANT
   15  TO  COURT  ORDER  SHALL  BE RETURNED TO THE OWNER OR CUSTODIAN ONLY UPON
   16  PROOF THAT APPROPRIATE SHELTER AS REQUIRED  BY  THIS  SECTION  IS  BEING
   17  PROVIDED.
   18    6.   NOTHING  IN  THIS  SECTION  SHALL  BE  CONSTRUED  TO  AFFECT  ANY
   19  PROTECTIONS AFFORDED TO DOGS OR OTHER ANIMALS UNDER ANY OTHER PROVISIONS
   20  OF THIS ARTICLE.
   21    FAILURE TO PROVIDE APPROPRIATE SHELTER FOR DOGS  LEFT  OUTDOORS  IS  A
   22  VIOLATION.
   23  S 280.65 CONFINEMENT OF COMPANION ANIMALS IN VEHICLES IN EXTREME TEMPER-
   24             ATURES.
   25    1. A PERSON SHALL NOT CONFINE A COMPANION ANIMAL IN A MOTOR VEHICLE IN
   26  EXTREME HEAT OR COLD WITHOUT PROPER VENTILATION OR OTHER PROTECTION FROM
   27  SUCH  EXTREME  TEMPERATURES  WHERE SUCH CONFINEMENT PLACES THE COMPANION
   28  ANIMAL IN IMMINENT DANGER OF DEATH OR SERIOUS  PHYSICAL  INJURY  DUE  TO
   29  EXPOSURE TO SUCH EXTREME HEAT OR COLD.
   30    2.  WHERE THE OPERATOR OF SUCH A VEHICLE CANNOT BE PROMPTLY LOCATED, A
   31  POLICE OFFICER, PEACE OFFICER, OR PEACE OFFICER ACTING AS AN AGENT OF  A
   32  DULY  INCORPORATED HUMANE SOCIETY MAY TAKE NECESSARY STEPS TO REMOVE THE
   33  ANIMAL OR ANIMALS FROM THE VEHICLE.
   34    3. POLICE OFFICERS, PEACE OFFICERS OR PEACE OFFICERS ACTING AS  AGENTS
   35  OF A DULY INCORPORATED HUMANE SOCIETY REMOVING AN ANIMAL OR ANIMALS FROM
   36  A VEHICLE PURSUANT TO THIS SECTION SHALL PLACE A WRITTEN NOTICE ON OR IN
   37  THE  VEHICLE,  BEARING THE NAME OF THE OFFICER OR AGENT, AND THE DEPART-
   38  MENT OR AGENCY AND ADDRESS WHERE THE ANIMAL OR ANIMALS WILL BE TAKEN.
   39    4. AN ANIMAL OR ANIMALS  REMOVED  FROM  A  VEHICLE  PURSUANT  TO  THIS
   40  SECTION  SHALL,  AFTER  RECEIPT  OF  ANY  NECESSARY EMERGENCY VETERINARY
   41  TREATMENT, BE DELIVERED TO THE DULY INCORPORATED HUMANE SOCIETY OR SOCI-
   42  ETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, OR DESIGNATED AGENT THERE-
   43  OF, IN THE JURISDICTION WHERE THE ANIMAL OR ANIMALS WERE SEIZED.
   44    5. OFFICERS SHALL NOT BE HELD CRIMINALLY OR CIVILLY LIABLE FOR ACTIONS
   45  TAKEN REASONABLY AND IN GOOD FAITH IN CARRYING  OUT  THE  PROVISIONS  OF
   46  THIS SECTION.
   47    6.  NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO AFFECT ANY
   48  OTHER  PROTECTIONS  AFFORDED  TO  COMPANION  ANIMALS  UNDER  ANY   OTHER
   49  PROVISIONS OF THIS ARTICLE.
   50    CONFINEMENT  OF  COMPANION ANIMALS IN VEHICLES IN EXTREME TEMPERATURES
   51  IS A VIOLATION.
   52  S 280.70 LEAVING NEW YORK STATE TO AVOID PROVISIONS OF THIS ARTICLE.
   53    A PERSON WHO LEAVES THIS  STATE  WITH  INTENT  TO  ELUDE  ANY  OF  THE
   54  PROVISIONS  OF THIS ARTICLE OR TO COMMIT ANY ACT OUT OF THIS STATE WHICH
   55  IS PROHIBITED BY THEM OR WHO, BEING A RESIDENT OF THIS STATE,  DOES  ANY
   56  ACT WITHOUT THIS STATE, PURSUANT TO SUCH INTENT, WHICH WOULD BE PUNISHA-
       A. 775--B                          13

    1  BLE UNDER SUCH PROVISIONS, IF COMMITTED WITHIN THIS STATE, IS PUNISHABLE
    2  IN THE SAME MANNER AS IF SUCH ACT HAD BEEN COMMITTED WITHIN THIS STATE.
    3  S 280.75 EVIDENTIARY  AND  IMPOUNDMENT  PROCEDURES  BY  MEMBERS  OF  LAW
    4             ENFORCEMENT.
    5    MATTERS RELATING TO THE  SEIZURE,  ADOPTION,  CARE,  DISPOSITION,  AND
    6  DESTRUCTION  OF  ANIMALS  BY MEMBERS OF LAW ENFORCEMENT AND MEMBERS OF A
    7  DULY INCORPORATED SOCIETY FOR  THE  PREVENTION  OF  CRUELTY  TO  ANIMALS
    8  CHARGED  TO  ENFORCE THIS ARTICLE, ANCILLARY TO SUCH ENFORCEMENT OF THIS
    9  ARTICLE, SHALL BE GOVERNED BY ARTICLE TWENTY-SIX OF THE AGRICULTURE  AND
   10  MARKETS  LAW  AND  ARTICLE  SIX HUNDRED NINETY OF THE CRIMINAL PROCEDURE
   11  LAW.
   12  S 280.80 SPECIAL SENTENCING PROVISIONS APPLICABLE.
   13    IN ADDITION TO ANY OTHER  PENALTY  PROVIDED  BY  LAW,  THE  SENTENCING
   14  PROVISIONS  CONTAINED IN SECTION THREE HUNDRED EIGHTY OF THE AGRICULTURE
   15  AND MARKETS LAW SHALL BE APPLICABLE TO VIOLATIONS OF THIS ARTICLE.
   16    S 10. The penal law is amended by adding a new section 60.22  to  read
   17  as follows:
   18  S 60.22 AUTHORIZED DISPOSITIONS; PROMOTING ANIMAL FIGHTING.
   19    WHEN  A PERSON IS CONVICTED OF AN OFFENSE DEFINED IN SECTION 280.05 OF
   20  THIS CHAPTER, IN ADDITION TO THE OTHER PENALTIES  AS  PROVIDED  IN  THIS
   21  CHAPTER,  THE  COURT  MAY  IMPOSE  A FINE WHICH SHALL NOT EXCEED FIFTEEN
   22  THOUSAND DOLLARS. WHEN A PERSON IS CONVICTED OF AN  OFFENSE  DEFINED  IN
   23  SECTION  280.10 OF THIS CHAPTER, THE COURT MAY IMPOSE A FINE WHICH SHALL
   24  NOT EXCEED TWENTY-FIVE THOUSAND DOLLARS.
   25    S 11. Paragraph (c) of subdivision 1 of section  70.02  of  the  penal
   26  law,  as amended by chapter 1 of the laws of 2013, is amended to read as
   27  follows:
   28    (c) Class D violent felony offenses: an attempt to commit any  of  the
   29  class C felonies set forth in paragraph (b); reckless assault of a child
   30  as defined in section 120.02, assault in the second degree as defined in
   31  section 120.05, menacing a police officer or peace officer as defined in
   32  section  120.18, stalking in the first degree, as defined in subdivision
   33  one of section 120.60, strangulation in the second degree as defined  in
   34  section  121.12, rape in the second degree as defined in section 130.30,
   35  criminal sexual act in the second degree as defined in  section  130.45,
   36  sexual abuse in the first degree as defined in section 130.65, course of
   37  sexual  conduct  against  a  child  in  the  second degree as defined in
   38  section 130.80, aggravated sexual abuse in the third degree  as  defined
   39  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
   40  substance as defined in section 130.90, criminal possession of a  weapon
   41  in  the  third degree as defined in subdivision five, six, seven, eight,
   42  nine or ten of section 265.02, criminal sale of a firearm in  the  third
   43  degree as defined in section 265.11, intimidating a victim or witness in
   44  the  second degree as defined in section 215.16, soliciting or providing
   45  support for an act of terrorism in  the  second  degree  as  defined  in
   46  section  490.10,  and  making a terroristic threat as defined in section
   47  490.20, falsely reporting an incident in the first degree as defined  in
   48  section 240.60, placing a false bomb or hazardous substance in the first
   49  degree  as  defined in section 240.62, placing a false bomb or hazardous
   50  substance in a sports stadium or arena, mass transportation facility  or
   51  enclosed  shopping  mall  as defined in section 240.63, [and] aggravated
   52  unpermitted use of indoor pyrotechnics in the first degree as defined in
   53  section 405.18, AND ANIMAL CRUELTY IN THE FIRST  DEGREE  AS  DEFINED  IN
   54  SUBDIVISION ONE, TWO OR THREE OF SECTION 280.25.
   55    S  12.  Section 195.06 of the penal law, as added by chapter 42 of the
   56  laws of 1986, is amended to read as follows:
       A. 775--B                          14

    1  S 195.06 Killing or injuring a police animal.
    2    A  person  is  guilty of killing or injuring a police animal when such
    3  person intentionally kills or injures any animal while such animal is in
    4  the performance of its duties and under the supervision of a  police  or
    5  peace officer.
    6    Killing or injuring a police animal is a class [A misdemeanor] D FELO-
    7  NY.
    8    S  13. Section 195.11 of the penal law, as added by chapter 344 of the
    9  laws of 1989, is amended to read as follows:
   10  S 195.11 Harming an animal trained to aid a person with a disability  in
   11             the second degree.
   12    A person is guilty of harming an animal trained to aid a person with a
   13  disability  in  the  second degree when such person intentionally causes
   14  physical injury to such animal while it is in the performance of  aiding
   15  a person with a disability, and thereby renders such animal incapable of
   16  providing such aid to such person, or to another person with a disabili-
   17  ty.
   18    For  purposes  of this section and section 195.12 of this article, the
   19  term "disability" means "disability" as defined in  subdivision  twenty-
   20  one of section two hundred ninety-two of the executive law.
   21    Harming  an  animal  trained  to aid a person with a disability in the
   22  second degree is a class [B] A misdemeanor.
   23    S 14. Section 195.12 of the penal law, as added by chapter 344 of  the
   24  laws of 1989, is amended to read as follows:
   25  S  195.12 Harming an animal trained to aid a person with a disability in
   26             the first degree.
   27    A person is guilty of harming an animal trained to aid a person with a
   28  disability in the first degree when such person:
   29    1. intentionally causes physical injury to such animal while it is  in
   30  the  performance  of  aiding  a  person  with  a disability, and thereby
   31  renders such animal permanently incapable of providing such aid to  such
   32  person, or to another person with a disability; or
   33    2.  intentionally  kills such animal while it is in the performance of
   34  aiding a person with a disability.
   35    Harming an animal trained to aid a person with  a  disability  in  the
   36  first degree is a class [A misdemeanor] D FELONY.
   37    S  15. Section 265.01 of the penal law, as amended by chapter 1 of the
   38  laws of 2013, is amended to read as follows:
   39  S 265.01 Criminal possession of a weapon in the fourth degree.
   40    A person is guilty of criminal possession of a weapon  in  the  fourth
   41  degree when:
   42    (1)  He  or she possesses any firearm, electronic dart gun, electronic
   43  stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal
   44  knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles,
   45  metal knuckles, chuka stick, sand bag, sandclub, wrist-brace type sling-
   46  shot or slungshot, shirken or "Kung Fu star"; or
   47    (2) He OR SHE possesses any  dagger,  dangerous  knife,  dirk,  razor,
   48  stiletto,  imitation pistol, or any other dangerous or deadly instrument
   49  or weapon with intent to use the same unlawfully against another  PERSON
   50  OR ANIMAL; or
   51    [(3); or]
   52    (4)  He  OR  SHE  possesses  a  rifle, shotgun, antique firearm, black
   53  powder rifle, black powder shotgun, or any muzzle-loading  firearm,  and
   54  has been convicted of a felony or serious offense; or
   55    (5)  He  OR  SHE possesses any dangerous or deadly weapon and is not a
   56  citizen of the United States; or
       A. 775--B                          15

    1    (6) He OR SHE is a person who  has  been  certified  not  suitable  to
    2  possess a rifle or shotgun, as defined in subdivision sixteen of section
    3  265.00,  and  refuses  to yield possession of such rifle or shotgun upon
    4  the demand of a police officer. Whenever a person is certified not suit-
    5  able to possess a rifle or shotgun, a member of the police department to
    6  which  such  certification is made, or of the state police, shall forth-
    7  with seize any rifle or shotgun possessed by such  person.  A  rifle  or
    8  shotgun  seized  as herein provided shall not be destroyed, but shall be
    9  delivered to the  headquarters  of  such  police  department,  or  state
   10  police,  and  there  retained  until  the aforesaid certificate has been
   11  rescinded by the director or physician in charge, or  other  disposition
   12  of  such  rifle  or shotgun has been ordered or authorized by a court of
   13  competent jurisdiction.
   14    (7) He OR SHE knowingly possesses a  bullet  containing  an  explosive
   15  substance designed to detonate upon impact.
   16    (8)  He  OR SHE possesses any armor piercing ammunition with intent to
   17  use same unlawfully against another.
   18    Criminal possession of a weapon in the fourth  degree  is  a  class  A
   19  misdemeanor.
   20    S  16. Severability clause. If any clause, sentence, paragraph, subdi-
   21  vision, section or part of this act shall be adjudged by  any  court  of
   22  competent  jurisdiction  to  be invalid, such judgment shall not affect,
   23  impair, or invalidate the remainder thereof, but shall  be  confined  in
   24  its  operation  to the clause, sentence, paragraph, subdivision, section
   25  or part thereof directly involved in the controversy in which such judg-
   26  ment shall have been rendered. It is hereby declared to be the intent of
   27  the legislature that this act would  have  been  enacted  even  if  such
   28  invalid provisions had not been included herein.
   29    S  17.  This  act  shall  take effect on the one hundred eightieth day
   30  after it shall have become a law.
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