A08842 Summary:

BILL NO    A08842 

SAME AS    SAME AS UNI. S06059

SPONSOR    Tedisco

COSPNSR    Rivera N, Ceretto, Katz, McDonough, Crouch, Finch, Calhoun, Tenney

MLTSPNSR   Oaks

Amd S123, Ag & Mkts L

Increases the penalties for owners of dangerous dogs and subjects certain
dangerous dog owners to further investigation.
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A08842 Actions:

BILL NO    A08842 

01/04/2012 referred to agriculture
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A08842 Text:

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

           S. 6059                                                  A. 8842

                             S E N A T E - A S S E M B L Y

                                      (PREFILED)

                                    January 4, 2012
                                      ___________

       IN  SENATE -- Introduced by Sen. FARLEY -- read twice and ordered print-
         ed, and when printed to be committed to the Committee on Agriculture

       IN ASSEMBLY -- Introduced by M. of A. TEDISCO -- read once and  referred
         to the Committee on Agriculture

       AN ACT to amend the agriculture and markets law, in relation to increas-
         ing penalties for the owners of dangerous dogs

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Subdivisions 6, 7 and 8 of section 123 of  the  agriculture
    2  and markets law, as amended by chapter 392 of the laws of 2004, subdivi-
    3  sions  7  and  8 as amended by chapter 526 of the laws of 2005, and such
    4  section as renumbered by section 18 of part T of chapter 59 of the  laws
    5  of  2010,  are  amended  and  a  new  subdivision 15 is added to read as
    6  follows:
    7    6. The owner of a dog who, through any act  or  omission,  negligently
    8  permits his or her dog to bite a person, service dog, guide dog or hear-
    9  ing  dog causing physical injury shall be subject to a civil penalty not
   10  to exceed [four hundred] ONE THOUSAND dollars in addition to  any  other
   11  applicable penalties.
   12    7.  The  owner  of a dog who, through any act or omission, negligently
   13  permits his or her dog to bite a person causing serious physical  injury
   14  shall be subject to a civil penalty UP TO A CLASS E FELONY PUNISHABLE BY
   15  A  FINE  OF  not to exceed [one] FIVE thousand [five hundred] dollars in
   16  addition to any other applicable penalties.  Any  such  penalty  may  be
   17  reduced  by  any amount which is paid as restitution by the owner of the
   18  dog to the person  or  persons  suffering  serious  physical  injury  as
   19  compensation  for unreimbursed medical expenses, lost earnings and other
   20  damages resulting from such injury.
   21    8. The owner of a dog who, through any act  or  omission,  negligently
   22  permits  his  or  her  dog,  which  had previously been determined to be
   23  dangerous pursuant to this article, to bite  a  person  causing  serious
   24  physical  injury,  shall  be  guilty  of  a [misdemeanor] CLASS E FELONY

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13487-03-1
       S. 6059                             2                            A. 8842

    1  punishable by a fine of not more than [three] FIVE thousand dollars,  or
    2  by a period of imprisonment not to exceed [ninety days] TWO YEARS, or by
    3  both  such  fine  and  imprisonment  in addition to any other applicable
    4  penalties.  Any  such fine may be reduced by any amount which is paid as
    5  restitution by the owner of the dog to the person or  persons  suffering
    6  serious   physical  injury  as  compensation  for  unreimbursed  medical
    7  expenses, lost earnings and other damages resulting from such injury.
    8    15. ANY PERSON FOUND TO BE IN VIOLATION OF SUBDIVISION SIX,  SEVEN  OR
    9  EIGHT  OF  THIS  SECTION  AND  WHO HAS EVER BEEN CONVICTED OF ANY FELONY
   10  OFFENSE UNDER TITLE H OF PART THREE OF THE PENAL LAW SHALL BE SUBJECT TO
   11  FURTHER INVESTIGATION, INCLUDING, BUT NOT LIMITED TO A  SEARCH  OF  SUCH
   12  PERSON'S PERSONAL AND REAL PROPERTY AND THE SEIZURE OF ANY ILLEGAL MATE-
   13  RIALS.
   14    S  2.  This  act  shall take effect on the sixtieth day after it shall
   15  have become a law.
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