Blankenbush, Englebright, Lupardo, Magee, Miller ML, Niou, Oaks, Simon
Amd §195.06-a, add §195.06-b, Pen L
Elevates the offense of killing a police work dog or police work horse from being a class E felony to a class D felony; and establishes the class E felony of injuring a police work dog or police work horse for intentionally causing serious physical injury to a police work dog or police work horse while such dog or horse is performing its duties under the supervision of a police officer.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6737
SPONSOR: Titone TITLE OF BILL: An act to amend the penal law, in relation to elevat-
ing the severity of the felony offense of killing a police work dog or
police work horse and establishing the class E felony offense of injur-
ing a police work dog or police work horse
TITLE OF BILL: An act to amend the penal law, in relation to elevat-
ing the severity of the felony offense of killing a police work dog or
police work horse and establishing the class E felony offense of injur-
ing a police work dog or police work horse
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to increase penalties for the injury or
killing of a police work dog or police work horse.
SUMMARY OF PROVISIONS:
Section 1: Amends Subdivision section 195.06-a of the penal law to
elevate the existing crime of killing a police work dog or police work
horse from a class E felony to a class D felony.
Section 2 creates a new penal law section 195.06-b to create the specif-
ic offense of injuring a police work dog or a police work horse, punish-
able as a class E felony.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
N/A
JUSTIFICATION:
On November 15, 2016, Jamestown Police Department K-9 Officer Mitchell,
a six-year-old German Shepherd who has been a member of the Jamestown
Police Department since 2011, was grievously injured during a confronta-
tion with suspected murderer Keith Robbins following a six-hour stan-
doff. During the apprehension of Robbins, K-9 Officer Mitchell was
stabbed in the throat and under his jaw, causing the knife to penetrate
his tongue, resulting in emergency surgery for his injuries.Currently,
an individual who intentionally and seriously injures a police animal in
the performance of his duties can be charged pursuant to Section 195.06
of the penal law and if found guilty would be subject to a class A
misdemeanor, punishable by up to less than a year in prison.
This bill would carve out a separate felony offense for those who seri-
ously and intentionally injure a police work dog or police work horse in
the performance of their duties while such animal is under the super-
vision of a police officer.Police work animals, especially dogs, have
been subject to numerous hours of specialized training involving a
significant investment of police force time and financial resources.
They, as well as police horses are often used in highly dangerous situ-
ations and have been trained to work at great risk to themselves. Over
the years, state and federal law enforcement agencies have become more
and more reliant upon police dogs like K-9 Officer Mitchell, which are,
as a result of their heightened senses, vital to crime solving, rescue,
and recovery efforts. With the increase in homeland security threats,
police dogs have become even more critical in bomb sniffing, and risk
detection situations. They are also vital in illegal drug detection
efforts. Police work horses are critical to crowd control, filling in
where police alone and vehicles are insufficient. These animals have
been trained to ignore risk and to proceed into dangerous and life-
threatening situations for the good of the public. They are truly acting
as "public servants" when fulfilling their duties and like police offi-
cers, should enjoy an increased level of protection.
States including, California, Indiana, Ohio, Massachusetts, New Jersey,
Ohio, Oregon and Utah have seen fit to elevate the offense of injury to
police animals to felony status. Those who intentionally and seriously
injure these true public servants should be deterred from violence
toward them, be held to a higher standard of accountability and be
subject to appropriate punishment.
PRIOR LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
The first of November after having become a law
STATE OF NEW YORK
________________________________________________________________________
6737
2017-2018 Regular Sessions
IN ASSEMBLY
March 16, 2017
___________
Introduced by M. of A. TITONE -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to elevating the severity of
the felony offense of killing a police work dog or police work horse
and establishing the class E felony offense of injuring a police work
dog or police work horse
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The closing paragraph of section 195.06-a of the penal law,
2 as added by chapter 162 of the laws of 2013, is amended to read as
3 follows:
4 Killing a police work dog or police work horse is a class [E] D felo-
5 ny.
6 § 2. The penal law is amended by adding a new section 195.06-b to read
7 as follows:
8 § 195.06-b Injuring a police work dog or police work horse.
9 A person is guilty of injuring a police work dog or police work horse
10 when such person intentionally causes serious physical injury to a
11 police work dog or police work horse while such dog or horse is in the
12 performance of its duties and under the supervision of a police officer.
13 For purposes of this section, "police work dog" or "police work horse,"
14 as the case may be, shall mean any dog or horse owned or harbored by any
15 state or municipal police department or any state or federal law
16 enforcement agency, which has been trained to aid law enforcement offi-
17 cers and is actually being used for police work purposes.
18 Injuring a police work dog or police work horse is a class E felony.
19 § 3. This act shall take effect the first of November next succeeding
20 the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07061-02-7
