A00352 Summary:

BILL NOA00352
 
SAME ASSAME AS S03201
 
SPONSORRosenthal
 
COSPNSRLavine, Russell, Brindisi, Montesano, Tenney, Englebright, Fahy, Jaffee, Colton, Skoufis, Otis, Thiele, Ortiz, Steck, Weprin, Davila, Curran, Cusick, Santabarbara, Murray, Palumbo, Mosley, Raia, Zebrowski, Benedetto, Barrett, Kearns, Paulin, Harris, Miller, Seawright, Linares
 
MLTSPNSRCeretto, Farrell, Galef, Garbarino, Glick, Hevesi, Lupardo, Lupinacci, Markey, Mayer, McDonald, McDonough, Schimel, Simon, Skartados, Solages, Tedisco, 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 Part 3 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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A00352 Actions:

BILL NOA00352
 
01/07/2015referred to agriculture
01/06/2016referred to agriculture
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A00352 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           352
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 7, 2015
                                       ___________
 
        Introduced  by M. of A. ROSENTHAL, LAVINE, RUSSELL, BRINDISI, MONTESANO,
          TENNEY, ENGLEBRIGHT, FAHY,  JAFFEE,  COLTON,  SKOUFIS,  OTIS,  THIELE,
          ORTIZ, STECK, WEPRIN, DAVILA, CURRAN -- Multi-Sponsored by -- M. of A.
          BROOK-KRASNY,  CERETTO,  GARBARINO, GLICK, HEVESI, LUPARDO, LUPINACCI,
          McDONALD,  SCHIMEL,  SKARTADOS,  SOLAGES,  WALTER  --  read  once  and
          referred to the Committee on Agriculture
 
        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    § 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 include but not be limited to, any act  of
    11  overdriving,  overloading,  injuring,  maiming, mutilating or killing an
    12  animal.
    13    3. "Torture" means conduct that is intended to cause extreme  physical
    14  pain.
    15    4. "Adoption" means the delivery [to any natural person eighteen years
    16  of  age or older, for the limited purpose of harboring a pet, of any dog
    17  or cat, seized or  surrendered]  of  any  animal  forfeited,  seized  or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02021-02-5

        A. 352                              2
 
     1  surrendered,  to  any natural person eighteen years of age or older, for
     2  the purpose of that person permanently harboring such animal as a pet.
     3    [4]5.    "Farm  animal",  as used in this article, means any ungulate,
     4  poultry, species of cattle, sheep, swine, goats, llamas, horses or  fur-
     5  bearing  animals,  as  defined  in  section 11-1907 of the environmental
     6  conservation  law,  which  are  raised  for  commercial  or  subsistence
     7  purposes.  Fur-bearing  animal, as referenced in this article, shall not
     8  include dogs or cats.
     9    [5]6. "Companion animal" or "pet" means any dog or cat, and shall also
    10  mean any other domesticated animal normally maintained in  or  near  the
    11  household  of  the owner or person who cares for such other domesticated
    12  animal. ["Pet" or "companion] "Companion  animal"  or  "pet"  shall  not
    13  include a "farm animal" as defined in this section.
    14    7.  "Animal cruelty offense" means any violation of this article or of
    15  article two hundred eighty of the penal law, or any other  unlawful  act
    16  by  which  harm  is  intentionally, knowingly, recklessly or negligently
    17  caused or permitted to occur to an animal.
    18    8. "Duly  incorporated  society  for  the  prevention  of  cruelty  to
    19  animals,"  as used in this article, shall mean a corporation constituted
    20  pursuant to the provisions of subdivision (g) of  section  four  hundred
    21  four  and  section  fourteen  hundred three of the not-for-profit corpo-
    22  ration law.
    23    § 2. Sections 351, 353, 353-a, 353-b, 353-d, 355, 360, 361 and 362  of
    24  the agriculture and markets law are REPEALED.
    25    §  3.    Section 365 of the agriculture and markets law, as amended by
    26  chapter 458 of the laws of 1985, is amended to read as follows:
    27    § 365. Clipping or cutting the ears of dogs. 1. Whoever clips or  cuts
    28  off  or  causes  or procures another to clip or cut off the whole or any
    29  part of an ear of any dog unless an anaesthetic shall have been given to
    30  the dog and the operation performed by a licensed veterinarian, is guil-
    31  ty of a misdemeanor, punishable by imprisonment for not  more  than  one
    32  year, or a fine of not more than one thousand dollars, or by both.
    33    2.  [The  provisions  of  this  section  shall not apply to any dog or
    34  person who is the owner or possessor of any dog  whose  ear  or  a  part
    35  thereof  has  been clipped or cut off prior to September first, nineteen
    36  hundred twenty-nine.
    37    3.] Each applicant for a dog license must state  on  such  application
    38  whether  any  ear  of  the dog for which he applies for such license has
    39  been cut off wholly or in part.
    40    [4.] 3. Nothing herein contained shall be construed as preventing  any
    41  dog  whose  ear  or ears shall have been clipped or cut off wholly or in
    42  part, not in violation of this section, from  being  imported  into  the
    43  state exclusively for breeding purposes.
    44    §  4.  Section  369  of the agriculture and markets law, as amended by
    45  chapter 458 of the laws of 1985, is amended to read as follows:
    46    § 369. Interference with officers. Any person who shall interfere with
    47  or obstruct any constable or police officer or any officer or  agent  of
    48  any  duly  incorporated society for the prevention of cruelty to animals
    49  in the discharge of his duty to enforce the laws  relating  to  animals,
    50  including  those  provisions  contained in article two hundred eighty of
    51  the penal law, shall be guilty of a misdemeanor, punishable by imprison-
    52  ment for not more than one year, or by a fine of not more than one thou-
    53  sand dollars, or by both.
    54    § 5. Section 371 of the agriculture and markets  law,  as  amended  by
    55  chapter 573 of the laws of 1978, is amended to read as follows:

        A. 352                              3
 
     1    § 371. Powers  of  peace officers. A constable or police officer must,
     2  and any agent or officer  of  any  duly  incorporated  society  for  the
     3  prevention of cruelty to animals may issue an appearance ticket pursuant
     4  to  section  150.20 of the criminal procedure law, summon or arrest, and
     5  bring  before  a  court  or  magistrate  having jurisdiction, any person
     6  offending against any of the provisions of this article  [twenty-six  of
     7  the  agriculture  and  markets  law]  or  any  provisions of article two
     8  hundred eighty of the penal law. Any officer or agent  of  any  of  said
     9  societies  may lawfully interfere to prevent the perpetration of any act
    10  of cruelty upon any animal in his or her presence. Any of said societies
    11  may prefer a complaint before any court, tribunal or  magistrate  having
    12  jurisdiction,  for  the  violation  of  any law relating to or affecting
    13  animals and may aid in presenting the law and facts before  such  court,
    14  tribunal or magistrate in any proceeding taken.
    15    §  6. Subdivision 6 of section 373 of the agriculture and markets law,
    16  as amended by chapter 256 of the laws of 1997, paragraph a and  subpara-
    17  graph  1  of  paragraph b as amended by chapter 531 of the laws of 2013,
    18  subparagraph 2 of paragraph b as amended by section  24  of  part  T  of
    19  chapter 59 of the laws of 2010, is amended to read as follows:
    20    6.  a.  If  any  animal  is  seized [and] or impounded pursuant to the
    21  provisions of this section, [section three hundred fifty-three-d of this
    22  article] or section three  hundred  seventy-five  of  this  article,  or
    23  pursuant to the provisions of article six hundred ninety of the criminal
    24  procedure law, for any violation of this article, any violation of arti-
    25  cle two hundred eighty of the penal law or in connection with the arrest
    26  for  an  animal  cruelty  offense, then, upon arraignment of charges, or
    27  within a reasonable time thereafter, [the] a duly  incorporated  society
    28  for  the prevention of cruelty to animals, humane society, pound, animal
    29  shelter, sheriff, municipal police department, district attorney or  any
    30  authorized  agents  thereof, hereinafter referred to for the purposes of
    31  this section as the "impounding organization", may file a petition  with
    32  the  court  requesting  that the person from whom an animal is seized or
    33  the owner of the animal be ordered to  post  a  security.  The  district
    34  attorney  prosecuting  the  charges  may  file  and obtain the requested
    35  relief on behalf of the impounding organization if requested to do so by
    36  the impounding organization. The security shall be in an  amount  suffi-
    37  cient  to  secure  payment  for  all  reasonable expenses expected to be
    38  incurred by the impounding organization in caring and providing for  the
    39  animal  pending  disposition  of  the charges. Reasonable expenses shall
    40  include, but not be limited to, estimated medical care and  boarding  of
    41  the animal for at least thirty days. The amount of the security, if any,
    42  shall  be determined by the court after taking into consideration all of
    43  the facts and circumstances of the case including, but  not  limited  to
    44  the  recommendation  of  the  impounding organization having custody and
    45  care of the seized animal and the cost of caring for the  animal.  If  a
    46  security has been posted in accordance with this section, the impounding
    47  organization  may  draw from the security the actual reasonable costs to
    48  be incurred by such organization in caring for the seized animal.
    49    b. (1) Upon receipt of a petition pursuant  to  paragraph  a  of  this
    50  subdivision  the  court  shall  set  a  hearing  on  the  petition to be
    51  conducted within ten business days of the filing of such  petition.  The
    52  petitioner  shall  serve  a true copy of the petition upon the defendant
    53  and the district attorney if the district attorney  has  not  filed  the
    54  petition  on behalf of the petitioner. The petitioner shall also serve a
    55  true copy of the petition on any interested person. For purposes of this
    56  subdivision, interested person shall mean  an  individual,  partnership,

        A. 352                              4
 
     1  firm,  joint  stock  company, corporation, association, trust, estate or
     2  other legal entity who the court determines may have a pecuniary  inter-
     3  est  in  the animal which is the subject of the petition. The petitioner
     4  or  the district attorney acting on behalf of the petitioner, shall have
     5  the burden of proving by a preponderance of the evidence that the person
     6  from whom the animal was seized violated a provision  of  this  article.
     7  The court may waive for good cause shown the posting of security.
     8    (2)  If the court orders the posting of a security, the security shall
     9  be posted with the clerk of the court within five business days  of  the
    10  hearing  provided  for  in subparagraph one of this paragraph. The court
    11  may order the immediate forfeiture of the seized animal to the  impound-
    12  ing  organization if the person ordered to post the security fails to do
    13  so. Any animal forfeited shall be made available for adoption or euthan-
    14  ized subject to subdivision seven-a of section one hundred seventeen  of
    15  this chapter or section three hundred seventy-four of this article.
    16    (3)  In the case of an animal other than a companion animal or pet, if
    17  a person ordered to post security fails to do  so,  the  court  may,  in
    18  addition  to  the  forfeiture  to  [a  duly incorporated society for the
    19  prevention of cruelty to animals, humane society, pound, animal  shelter
    20  or  any  authorized  agents  thereof]  the  impounding organization, and
    21  subject to the restrictions of sections three hundred fifty-four,  three
    22  hundred  fifty-seven  and  three  hundred  seventy-four of this article,
    23  order the animal which was the basis of the order to be  sold,  provided
    24  that  all  interested persons shall first be provided the opportunity to
    25  redeem their interest in the animal and to purchase the interest of  the
    26  person ordered to post security, subject to such conditions as the court
    27  deems appropriate to assure proper care and treatment of the animal. The
    28  court  may  reimburse the person ordered to post security and any inter-
    29  ested persons any money earned by the sale of the animal less any  costs
    30  including, but not limited to, veterinary and custodial care. Any animal
    31  determined by the court to be maimed, diseased, disabled or infirm so as
    32  to be unfit for sale or any useful purpose shall be forfeited to [a duly
    33  incorporated  society for the prevention of cruelty to animals or a duly
    34  incorporated humane society] the impounding organization  or  authorized
    35  agents  thereof,  and  be  available for adoption or shall be euthanized
    36  subject to section three hundred seventy-four of this article.
    37    (4) Nothing in this section shall be construed to limit or restrict in
    38  any way the rights of a secured party having a security interest in  any
    39  animal described in this section. This section expressly does not impair
    40  or  subordinate  the  rights  of such a secured lender having a security
    41  interest in the animal or in the proceeds from the sale of such animal.
    42    c. In no event shall the security prevent the impounding  organization
    43  having  custody  and  care  of  the  animal from disposing of the animal
    44  pursuant to section three hundred seventy-four of this article prior  to
    45  the  expiration  of the thirty day period covered by the security if the
    46  court makes a determination of the charges against the person from  whom
    47  the animal was seized prior thereto. Upon receipt of a petition from the
    48  impounding  organization,  the  court may order the person from whom the
    49  animal was seized or the owner of the animal to post an additional secu-
    50  rity with the clerk  of  the  court  to  secure  payment  of  reasonable
    51  expenses for an additional period of time pending a determination by the
    52  court of the charges against the person from whom the animal was seized.
    53  The  person who posted the security shall be entitled to a refund of the
    54  security in whole or part for any expenses not incurred by such impound-
    55  ing organization upon adjudication of the charges. The person who posted
    56  the security shall be entitled to a full refund of the security, includ-

        A. 352                              5
 
     1  ing reimbursement by the impounding organization of any  amount  allowed
     2  by  the  court  to  be expended, and the return of the animal seized and
     3  impounded upon acquittal or dismissal of the charges, except  where  the
     4  dismissal  is  based  upon  an adjournment in contemplation of dismissal
     5  pursuant to section 215.30 of the  criminal  procedure  law.  The  court
     6  order  directing such refund and reimbursement shall provide for payment
     7  to be made within a reasonable time from the acquittal or  dismissal  of
     8  charges.
     9    §  7.  Subdivision 8 of section 374 of the agriculture and markets law
    10  is REPEALED.
    11    § 8.   The agriculture and markets law is  amended  by  adding  a  new
    12  section 380 to read as follows:
    13    § 380. Special sentencing provisions.  In addition to any other penal-
    14  ty  provided  by  law, a court may impose the following sentences upon a
    15  conviction for any animal cruelty offense:
    16    1. The convicted person may, after a duly  held  hearing  pursuant  to
    17  subdivision  six of this section, be ordered by the court to forfeit, to
    18  an animal shelter, pound, sheriff, municipal police department, district
    19  attorney, a duly incorporated society for the prevention of  cruelty  to
    20  animals or a duly incorporated humane society or authorized agents ther-
    21  eof,  the  animal or animals which are the basis of the conviction. Upon
    22  such an order of forfeiture, the convicted person  shall  be  deemed  to
    23  have  relinquished  all rights to the animals which are the basis of the
    24  conviction, except those granted in subdivision two of this section.
    25    2. In the case of farm animals, the court  may,  in  addition  to  the
    26  forfeiture  to  an  animal  shelter,  pound,  sheriff,  municipal police
    27  department, district attorney,  a  duly  incorporated  society  for  the
    28  prevention  of  cruelty to animals or a duly incorporated humane society
    29  or authorized  agents  thereof,  and  subject  to  the  restrictions  of
    30  sections  three hundred fifty-four and three hundred fifty-seven of this
    31  article, order the farm animals which were the basis of  the  conviction
    32  to  be  sold.  In  no case shall farm animals which are the basis of the
    33  conviction be redeemed by the convicted person who is the subject of the
    34  order of forfeiture or by any person  charged  with  an  animal  cruelty
    35  offense for conspiring, aiding or abetting in the unlawful act which was
    36  the  basis  of  the  conviction, or otherwise acting as an accomplice if
    37  such charge has not yet been adjudicated. The court shall reimburse  the
    38  convicted person and any duly determined interested persons, pursuant to
    39  subdivision  six  of  this  section, any money earned by the sale of the
    40  farm animals less any costs including, but not  limited  to,  veterinary
    41  and custodial care, and any fines or penalties imposed by the court. The
    42  court  may  order  that the subject animals be provided with appropriate
    43  care and treatment pending the hearing and the disposition of the charg-
    44  es. Any farm animal ordered forfeited but not sold shall be remanded  to
    45  the  custody  and charge of an animal shelter, pound, sheriff, municipal
    46  police department, district attorney, a duly  incorporated  society  for
    47  the prevention of cruelty to animals or duly incorporated humane society
    48  or  its authorized agent thereof and disposed of pursuant to subdivision
    49  five of this section.
    50    3. The court may order  that  the  convicted  person  shall  not  own,
    51  harbor, or have custody or control of any other animals, other than farm
    52  animals,  for  a  period  of  time  which the court deems reasonable. In
    53  making its determination of what period of time is reasonable, the court
    54  shall take into account the totality of the circumstances before it  and
    55  be  bound to no single factor. Such order must be in writing and specif-
    56  ically state the period of time imposed.

        A. 352                              6
 
     1    4.  No dog or cat in the custody of a duly  incorporated  society  for
     2  the prevention of cruelty to animals, a duly incorporated humane society
     3  or  its authorized agents thereof, or a pound or shelter, shall be sold,
     4  transferred or otherwise made available to any person for the purpose of
     5  research,  experimentation  or  testing.  No  authorized agent of a duly
     6  incorporated society for the prevention of cruelty to animals, nor of  a
     7  duly  incorporated  humane  society,  shall use any animal placed in its
     8  custody by the duly incorporated society for the prevention  of  cruelty
     9  to  animals  or  duly  incorporated  humane  society  for the purpose of
    10  research, experimentation or testing.
    11    5. An animal shelter, pound,  sheriff,  municipal  police  department,
    12  district  attorney,  a  duly  incorporated society for the prevention of
    13  cruelty to animals or a duly incorporated humane society  in  charge  of
    14  animals  forfeited  pursuant  to  subdivision one or two of this section
    15  may, in its discretion, lawfully and without liability,  adopt  them  to
    16  individuals  other  than  the convicted person or person charged with an
    17  animal cruelty offense for conspiring, aiding or abetting in the  unlaw-
    18  ful act which was the basis of the conviction, or otherwise acting as an
    19  accomplice  if  such  charge  has  not yet been adjudicated, or humanely
    20  dispose of them subject to section three hundred  seventy-four  of  this
    21  article.
    22    6.  (a)  Prior  to  an  order of forfeiture of farm animals, a hearing
    23  shall be held within thirty days of conviction to determine the  pecuni-
    24  ary  interests  of  any  other person in the farm animals which were the
    25  basis of the conviction. Written notice shall be served  at  least  five
    26  days  prior  to  the  hearing  upon all interested persons. In addition,
    27  notice shall be made by publication in a local newspaper at least  seven
    28  days  prior to the hearing. For the purposes of this subdivision, inter-
    29  ested persons shall mean any individual, partnership, firm, joint  stock
    30  company,  corporation, association, trust, estate, or other legal entity
    31  who the court determines may have  a  pecuniary  interest  in  the  farm
    32  animals which are the subject of the forfeiture action.
    33    (b)  All  interested  persons  shall be provided an opportunity at the
    34  hearing to redeem their interest as  determined  by  the  court  in  the
    35  subject  farm  animals  and  to  purchase  the interest of the convicted
    36  person. The convicted person shall be entitled to be reimbursed  his  or
    37  her  interest  in  the  farm animals, less any costs, fines or penalties
    38  imposed by the  court,  as  specified  under  subdivision  two  of  this
    39  section.  In  no  case  shall  the court award custody or control of the
    40  animals to any interested person who conspired, aided or abetted in  the
    41  unlawful  act  which  was  the  basis  of the conviction, or who knew or
    42  should have known of the unlawful act.
    43    7. Nothing in this section shall be construed to limit or restrict  in
    44  any  way the rights of a secured party having a security interest in any
    45  farm animal described in this section. This section expressly  does  not
    46  impair or subordinate the rights of such a secured lender having a secu-
    47  rity  interest  in farm animals or in the proceeds from the sale of such
    48  farm animals.
    49    § 9. Part 3 of the penal law is amended by adding a  new  title  Q  to
    50  read as follows:
    51                                   TITLE Q
    52                          OFFENSES AGAINST ANIMALS
    53                                 ARTICLE 280
    54                          OFFENSES AGAINST ANIMALS
    55  Section 280.00 Definitions.
    56          280.05 Promoting animal fighting in the second degree.

        A. 352                              7
 
     1          280.10 Promoting animal fighting in the first degree.
     2          280.20 Animal cruelty in the second degree.
     3          280.25 Animal cruelty in the first degree.
     4          280.30 Unlawful  dealing with animals used for racing, breeding,
     5                   or competitive exhibition of skill, breed or stamina.
     6          280.35 Endangering the welfare of animals.
     7          280.40 Animal abduction in the third degree.
     8          280.45 Animal abduction in the second degree.
     9          280.50 Animal abduction in the first degree.
    10          280.55 Unauthorized possession of animal presumptive evidence of
    11                   restraint and abduction.
    12          280.60 Appropriate shelter for dogs left outdoors.
    13          280.65 Confinement of companion  animals  in  vehicles;  extreme
    14                   temperatures.
    15          280.70 Leaving  New York state to avoid provisions of this arti-
    16                   cle.
    17          280.75 Evidentiary and impoundment procedures by members of  law
    18                   enforcement.
    19          280.80 Special sentencing provisions applicable.
    20  § 280.00 Definitions.
    21    The following definitions are applicable to this article:
    22    1. "Animal" includes every living creature except a human being.
    23    2.  "Cruelty" includes every act, omission, or neglect, whereby unjus-
    24  tifiable physical pain, suffering or death is caused  or  permitted  and
    25  shall  include  but not be limited to, any act of overdriving, overload-
    26  ing, injuring, maiming, mutilating, or killing an animal.
    27    3. "Aggravated cruelty" shall mean an act of cruelty that is  done  or
    28  carried out in a depraved or sadistic manner.
    29    4. "Torture" means conduct that is intended to cause extreme pain.
    30    5. "Adoption" means the delivery of any animal, seized or surrendered,
    31  to  any  natural  person eighteen years of age or older, for the limited
    32  purpose of harboring such animal as a pet.
    33    6. "Farm animal" means  any  ungulate,  poultry,  species  of  cattle,
    34  sheep,  swine,  goats, llamas, horses or fur-bearing animals, as defined
    35  in section 11-1907 of the  environmental  conservation  law,  which  are
    36  raised  for  commercial  or  subsistence  purposes. "Fur-bearing animal"
    37  shall not include dogs or cats.
    38    7. "Companion animal" or "pet" means any dog or cat,  and  shall  also
    39  mean  any  other  domesticated animal normally maintained in or near the
    40  household of the owner or person who cares for such  other  domesticated
    41  animal. "Companion animal" or "pet" shall not include a "farm animal" as
    42  defined in this section.
    43    8.  "Animal  fighting"  shall  mean  any  fight between cocks or other
    44  birds, or between dogs, bulls, bears or any other  animals,  or  between
    45  any such animal and a person or persons, except in exhibitions of a kind
    46  commonly featured at rodeos.
    47    9.  "Abandons"  means any action taken that reflects willful departure
    48  from the ownership, possession, care, control, charge or custody  of  an
    49  animal, without making adequate provisions for the animal's future care.
    50    10.  "Restrain"  means to restrict an animal's movements intentionally
    51  and unlawfully in such manner as to  interfere  substantially  with  its
    52  liberty  by  moving  it  from  one  place to another, or by confining it
    53  either in the place where the restriction commences or  in  a  place  to
    54  which  it  has been moved, with knowledge that the restriction is unlaw-
    55  ful.

        A. 352                              8
 
     1    11. "Abduct" means to restrain an animal with intent  to  prevent  its
     2  liberation  by secreting or holding it in a place where it is not likely
     3  to be found.
     4    12. "Animal fighting paraphernalia" shall mean equipment, products, or
     5  materials  of  any kind that are used, intended for use, or designed for
     6  use in the training, preparation, conditioning or furtherance of  animal
     7  fighting. Animal fighting paraphernalia includes:  (i) a breaking stick,
     8  which  means  a device designed for insertion behind the molars of a dog
     9  for the purpose of breaking the dog's grip on another animal or  object;
    10  (ii)  a  cat  mill,  which  means a device that rotates around a central
    11  support with one arm designed to secure a dog and one  arm  designed  to
    12  secure a cat, rabbit, or other small animal beyond the grasp of the dog;
    13  (iii)  a  treadmill,  which  means  an  exercise device consisting of an
    14  endless belt on which the animal walks or runs without changing  places;
    15  (iv)  a springpole, which means a biting surface attached to a stretcha-
    16  ble device, suspended at a height  sufficient  to  prevent  a  dog  from
    17  reaching  the  biting  surface while touching the ground; (v) a fighting
    18  pit, which means a walled area, or otherwise defined area,  designed  to
    19  contain  an animal fight; and (vi) any other instrument commonly used in
    20  the furtherance of pitting an animal against another animal.
    21  § 280.05 Promoting animal fighting in the second degree.
    22    A person is guilty of promoting animal fighting in the  second  degree
    23  when such person:
    24   1. Owns, possesses, or keeps any animal under any circumstance evincing
    25  an intent that such animal engage in animal fighting; or
    26    2.  Pays  an  admission fee, makes a wager, or is otherwise present at
    27  any place where an exhibition of animal fighting is being conducted, and
    28  such person has knowledge that such an exhibition is being conducted.
    29    3. Owns, possesses, sells, transfers or manufactures  animal  fighting
    30  paraphernalia  under  any  circumstance  evincing  an  intent  that such
    31  paraphernalia be used to engage in or otherwise  promote  or  facilitate
    32  animal fighting.
    33    Promoting  animal fighting in the second degree is a class A misdemea-
    34  nor.
    35  § 280.10 Promoting animal fighting in the first degree.
    36    A person is guilty of promoting animal fighting in  the  first  degree
    37  when such person:
    38    1. Intentionally causes an animal to engage in animal fighting; or
    39    2.  Trains  an animal under circumstances evincing an intent that such
    40  animal engage in animal fighting; or
    41    3. Breeds, transfers, sells or offers for sale an animal under circum-
    42  stances evincing an intent that such animal engage in  animal  fighting;
    43  or
    44    4.  Permits any act described in subdivision one, two or three of this
    45  section to occur on premises under his or her control; or
    46    5. Owns, possesses or keeps any animal on premises where an exhibition
    47  of animal fighting is being conducted under  circumstances  evincing  an
    48  intent that such animal engage in animal fighting.
    49    Promoting animal fighting in the first degree is a class D felony.
    50  § 280.20 Animal cruelty in the second degree.
    51    A person is guilty of animal cruelty in the second degree when:
    52    1.  Having  ownership, possession, care, control, charge or custody of
    53  an animal, he or she deprives such animal of,  or  neglects  to  furnish
    54  such  animal  with,  nutrition,  hydration,  veterinary care, or shelter
    55  adequate to  maintain  the  animal's  health  and  comfort,  or  causes,
    56  procures, or permits such animal to be deprived of nutrition, hydration,

        A. 352                              9
 
     1  veterinary care, or shelter adequate to maintain the animal's health and
     2  comfort,  and he or she knows or reasonably should know that such animal
     3  is not receiving adequate nutrition, hydration, veterinary care or shel-
     4  ter; or
     5    2.  Having  ownership, possession, care, control, charge or custody of
     6  an animal, he or she abandons such animal; or
     7    3. Having no justifiable purpose,  he  or  she  knowingly  instigates,
     8  engages  in,  or  in  any  way furthers cruelty to an animal, or any act
     9  tending to produce such cruelty; or
    10    4. Having no justifiable purpose, he or she administers or exposes any
    11  poisonous or noxious drug or substance to an animal,  with  intent  that
    12  the animal take the same and with intent to injure the animal.
    13    Nothing  contained  in  this section shall be construed to prohibit or
    14  interfere in any way with anyone lawfully engaged in hunting,  trapping,
    15  or fishing, as provided in article eleven of the environmental conserva-
    16  tion  law,  the  dispatch  of  rabid or diseased animals, as provided in
    17  article twenty-one of the public health law, or the dispatch of  animals
    18  posing  a  threat to human safety or other animals, where such action is
    19  otherwise  legally  authorized.  Nothing  herein  contained   shall   be
    20  construed to prohibit or interfere with any properly conducted scientif-
    21  ic  tests,  experiments,  or  investigations involving the use of living
    22  animals, performed or conducted in laboratories or  institutions,  which
    23  are approved for these purposes by the state commissioner of health. The
    24  state  commissioner of health shall prescribe the rules under which such
    25  approvals shall be granted, including therein  standards  regarding  the
    26  care  and  treatment  of any such animals. Such rules shall be published
    27  and copies thereof conspicuously  posted  in  each  such  laboratory  or
    28  institution. The state commissioner of health or his or her duly author-
    29  ized representative shall have the power to inspect such laboratories or
    30  institutions  to  insure  compliance with such rules and standards. Each
    31  such approval may be revoked at any time for failure to comply with such
    32  rules and in any case the approval shall be  limited  to  a  period  not
    33  exceeding one year.
    34    Animal cruelty in the second degree is a class A misdemeanor.
    35  § 280.25 Animal cruelty in the first degree.
    36    A person is guilty of animal cruelty in the first degree when:
    37    1. Having no justifiable purpose and with intent to cause the death of
    38  a companion animal, he or she causes the death of such animal; or
    39    2.  Having  no  justifiable  purpose  and with intent to cause serious
    40  physical injury to a companion animal, he or she causes such  injury  to
    41  such animal; or
    42    3.  Having no justifiable purpose, he or she intentionally tortures an
    43  animal or knowingly instigates, engages  in,  or  in  any  way  furthers
    44  aggravated  cruelty  to  an  animal,  or any act tending to produce such
    45  aggravated cruelty; or
    46    4. Commits the crime  of  animal  cruelty  in  the  second  degree  in
    47  violation of subdivision four of section 280.20 of this article and such
    48  animal is a horse, mule, or domestic cattle; or
    49    5.  Commits  the  crime  of  animal  cruelty  in  the second degree in
    50  violation of section 280.20 of this  article  and  has  previously  been
    51  convicted,  within  the  preceding  ten  years, of animal cruelty in the
    52  second degree.
    53    Nothing contained in this section shall be construed  to  prohibit  or
    54  interfere  in any way with anyone lawfully engaged in hunting, trapping,
    55  or fishing, as provided in article eleven of the environmental conserva-
    56  tion law, the dispatch of rabid or  diseased  animals,  as  provided  in

        A. 352                             10
 
     1  article  twenty-one of the public health law, or the dispatch of animals
     2  posing a threat to human safety or other animals, where such  action  is
     3  otherwise  legally  authorized,  or  any  properly  conducted scientific
     4  tests,  experiments,  or  investigations  involving  the  use  of living
     5  animals, performed or conducted in laboratories or institutions approved
     6  for such purposes by the commissioner  of  health  pursuant  to  section
     7  280.20 of this article.
     8    Animal cruelty in the first degree is a class D felony.
     9  § 280.30 Unlawful dealing  with  animals  used  for racing, breeding, or
    10             competitive exhibition of skill, breed or stamina.
    11    A person is guilty of unlawful dealing with animals used  for  racing,
    12  breeding,  or  competitive  exhibition  of skill, breed, or stamina when
    13  such person:
    14    1. Commits the crime  of  animal  cruelty  in  the  second  degree  in
    15  violation  of  section  280.20  of  this  article, and such animal is an
    16  animal used for the purposes of racing, breeding or competitive  exhibi-
    17  tion of skill, breed, or stamina; or
    18    2.  Having  no  justifiable  purpose, he or she tampers with an animal
    19  used for the purposes of racing, breeding, or competitive exhibition  of
    20  skill,  breed,  or  stamina, or otherwise interferes with such an animal
    21  during a race or competitive exhibition of skill, breed, or stamina.
    22    Unlawful dealing with animals used for racing, breeding or competitive
    23  exhibition of skill, breed or stamina is a class E felony.
    24  § 280.35 Endangering the welfare of animals.
    25    A person is guilty of endangering the welfare of  animals  when,  with
    26  the  intent  to cause injury to an animal, or recklessly creating a risk
    27  thereof, such person:
    28    1. Creates a hazardous  or  physically  offensive  condition  for  any
    29  animal by any act that serves no legitimate purpose; or
    30    2.  Throws, drops or places, or causes to be thrown, dropped or placed
    31  in a public place, a substance that might wound, disable, or injure  any
    32  animal.
    33    Endangering the welfare of animals is a violation.
    34  § 280.40 Animal abduction in the third degree.
    35    A  person  is guilty of animal abduction in the third degree when such
    36  person restrains a companion animal without the consent of the  individ-
    37  ual  having ownership, possession, care, control, charge or custody over
    38  said companion animal.
    39    Animal abduction in the third degree is a class B misdemeanor.
    40  § 280.45 Animal abduction in the second degree.
    41    A person is guilty of animal abduction in the second degree when  such
    42  person  abducts a companion animal without the consent of the individual
    43  having ownership, possession, care, control, charge or custody over said
    44  companion animal.
    45    Animal abduction in the second degree is a class A misdemeanor.
    46  § 280.50 Animal abduction in the first degree.
    47    A person is guilty of animal abduction in the first degree  when  such
    48  person  abducts  or  restrains a companion animal without the consent of
    49  the individual having ownership, possession, care,  control,  charge  or
    50  custody over said companion animal, and when:
    51    1.  Such  person's  intent  is to compel the payment or deliverance of
    52  money or property as ransom, or to engage in other  particular  conduct,
    53  or to refrain from engaging in particular conduct; or
    54    2. Such person causes physical injury to the companion animal; or
    55    3. The companion animal dies during the abduction or before it is able
    56  to  return  or  be returned to safety. Such death shall be presumed from

        A. 352                             11
 
     1  evidence  that  the  individual  having  ownership,  possession,   care,
     2  control,  charge  or  custody over said companion animal did not see the
     3  animal following the termination of the abduction and prior to trial and
     4  received  no  reliable information during such period persuasively indi-
     5  cating that such animal was alive.
     6    Animal abduction in the first degree is a class D felony.
     7  § 280.55 Unauthorized  possession  of  animal  presumptive  evidence  of
     8             restraint and abduction.
     9    The  unauthorized possession of a companion animal by any person with-
    10  out the consent of the individual having  ownership,  possession,  care,
    11  control,  charge  or  custody  over  said companion animal, for a period
    12  exceeding ten days, without notifying either said individual, the  local
    13  police  authorities,  the local municipal shelter or pound or the office
    14  of the superintendent of the state police located in Albany,  New  York,
    15  of  such  possession,  shall  be  presumptive  evidence of restraint and
    16  abduction.
    17  § 280.60 Appropriate shelter for dogs left outdoors.
    18    1. For purposes of this section:
    19    (a) "Physical condition" shall include any special medical needs of  a
    20  dog  due to disease, illness, injury, age or breed about which the owner
    21  or person with custody or control of the dog should reasonably be aware.
    22    (b) "Inclement weather" shall mean weather conditions that are  likely
    23  to  adversely  affect the health or safety of the dog, including but not
    24  limited to rain, sleet, ice, snow, wind, or extreme heat and cold.
    25    (c) "Dogs that are left outdoors" shall mean dogs that are outdoors in
    26  inclement weather without ready access to, or the ability  to  enter,  a
    27  house,  apartment  building,  office  building,  or  any other permanent
    28  structure that complies with the standards enumerated in  paragraph  (b)
    29  of subdivision three of this section.
    30    2.  (a) Any person who owns or has custody or control of a dog that is
    31  left outdoors shall provide it with shelter appropriate  to  its  breed,
    32  physical  condition  and  climate. Any person who knowingly violates the
    33  provisions of this section shall be guilty of a violation, punishable by
    34  a fine of not less than fifty dollars nor more than one hundred  dollars
    35  for a first offense, and a fine of not less than one hundred dollars nor
    36  more than two hundred fifty dollars for a second and subsequent offense.
    37  Beginning  seventy-two  hours  after a charge of violating this section,
    38  each day that a defendant fails to correct the deficiencies in  the  dog
    39  shelter  for  a dog that he or she owns or that is in his or her custody
    40  or control and that is left outdoors, so as to bring it into  compliance
    41  with the provisions of this section shall constitute a separate offense.
    42    (b)  The  court  may, in its discretion, reduce the amount of any fine
    43  imposed for a violation of this section by the amount which the  defend-
    44  ant  proves  he or she has spent providing a dog shelter or repairing an
    45  existing dog shelter so that it complies with the requirements  of  this
    46  section.  Nothing  in  this paragraph shall prevent the seizure of a dog
    47  for a violation of this section pursuant to  the  authority  granted  in
    48  this article.
    49    3. Minimum standards for determining whether shelter is appropriate to
    50  a dog's breed, physical condition and the climate shall include:
    51    (a)  For  dogs  that  are  restrained in any manner outdoors, shade by
    52  natural or artificial means to protect the dog from direct  sunlight  at
    53  all  times when exposure to sunlight is likely to threaten the health of
    54  the dog.
    55    (b) For all dogs that are left outdoors in inclement weather, a  hous-
    56  ing  facility,  which  must:  (1)  have a waterproof roof; (2) be struc-

        A. 352                             12
 
     1  turally sound with insulation appropriate to local  climatic  conditions
     2  and  sufficient  to  protect  the  dog  from  inclement  weather; (3) be
     3  constructed to allow each dog  adequate  freedom  of  movement  to  make
     4  normal  postural  adjustments,  including  the ability to stand up, turn
     5  around and lie down with its  limbs  outstretched;  and  (4)  allow  for
     6  effective  removal  of excretions, other waste material, dirt and trash.
     7  The housing facility and the area immediately surrounding  it  shall  be
     8  regularly  cleaned to maintain a healthy and sanitary environment and to
     9  minimize health hazards.
    10    4. Inadequate shelter may be indicated by the appearance of the  hous-
    11  ing  facility  itself,  including  but  not limited to, size, structural
    12  soundness, evidence of crowding within the housing  facility,  healthful
    13  environment in the area immediately surrounding such facility, or by the
    14  appearance or physical condition of the dog.
    15    5.  Upon  a  finding of any violation of this section, any dog or dogs
    16  seized pursuant to the provisions of this article  that  have  not  been
    17  voluntarily  surrendered by the owner or custodian or forfeited pursuant
    18  to court order shall be returned to the owner  or  custodian  only  upon
    19  proof  that  appropriate  shelter  as  required by this section is being
    20  provided.
    21    6.  Nothing  in  this  section  shall  be  construed  to  affect   any
    22  protections afforded to dogs or other animals under any other provisions
    23  of this article.
    24    Failure  to  provide  appropriate  shelter for dogs left outdoors is a
    25  violation.
    26  § 280.65 Confinement of companion animals in vehicles;  extreme  temper-
    27             atures.
    28    1. A person shall not confine a companion animal in a motor vehicle in
    29  extreme heat or cold without proper ventilation or other protection from
    30  such  extreme  temperatures  where such confinement places the companion
    31  animal in imminent danger of death or serious  physical  injury  due  to
    32  exposure to such extreme heat or cold.
    33    2.  Where the operator of such a vehicle cannot be promptly located, a
    34  police officer, peace officer, or peace officer acting as an agent of  a
    35  duly  incorporated humane society may take necessary steps to remove the
    36  animal or animals from the vehicle.
    37    3. Police officers, peace officers or peace officers acting as  agents
    38  of a duly incorporated humane society removing an animal or animals from
    39  a vehicle pursuant to this section shall place a written notice on or in
    40  the  vehicle,  bearing the name of the officer or agent, and the depart-
    41  ment or agency and address where the animal or animals will be taken.
    42    4. An animal or animals  removed  from  a  vehicle  pursuant  to  this
    43  section  shall,  after  receipt  of  any  necessary emergency veterinary
    44  treatment, be delivered to the duly incorporated humane society or soci-
    45  ety for the prevention of cruelty to animals, or designated agent there-
    46  of, in the jurisdiction where the animal or animals were seized.
    47    5. Any person who knowingly violates the provisions of subdivision one
    48  of this section shall be guilty of a violation, punishable by a fine  of
    49  not  less  than  fifty  dollars  nor more than one hundred dollars for a
    50  first offense, and a fine of not less than one hundred dollars nor  more
    51  than two hundred fifty dollars for a second and subsequent offenses.
    52    6. Officers shall not be held criminally or civilly liable for actions
    53  taken  reasonably  and  in  good faith in carrying out the provisions of
    54  this section.

        A. 352                             13
 
     1    7. Nothing contained in this section shall be construed to affect  any
     2  other   protections  afforded  to  companion  animals  under  any  other
     3  provisions of this article.
     4    Confinement  of companion animals in vehicles; extreme temperatures is
     5  a violation.
     6  § 280.70 Leaving New York state to avoid provisions of this article.
     7    A person who leaves this  state  with  intent  to  elude  any  of  the
     8  provisions  of this article or to commit any act out of this state which
     9  is prohibited by them or who, being a resident of this state,  does  any
    10  act without this state, pursuant to such intent, which would be punisha-
    11  ble under such provisions, if committed within this state, is punishable
    12  in the same manner as if such act had been committed within this state.
    13  § 280.75 Evidentiary  and  impoundment  procedures  by  members  of  law
    14             enforcement.
    15    Matters relating to  the  seizure,  adoption,  care,  disposition  and
    16  destruction  of  animals  by members of law enforcement and members of a
    17  duly incorporated society for  the  prevention  of  cruelty  to  animals
    18  charged  to  enforce this article, ancillary to such enforcement of this
    19  article, shall be governed by article twenty-six of the agriculture  and
    20  markets  law  and  article  six hundred ninety of the criminal procedure
    21  law.
    22  § 280.80 Special sentencing provisions applicable.
    23    In addition to any other  penalty  provided  by  law,  the  sentencing
    24  provisions  contained in section three hundred eighty of the agriculture
    25  and markets law shall be applicable to violations of this article.
    26    § 10. The penal law is amended by adding a new section 60.22  to  read
    27  as follows:
    28  § 60.22 Authorized dispositions; promoting animal fighting.
    29    When  a person is convicted of an offense defined in section 280.05 of
    30  this chapter, in addition to the other penalties  as  provided  in  this
    31  chapter,  the  court  may  impose  a fine which shall not exceed fifteen
    32  thousand dollars. When a person is convicted of an  offense  defined  in
    33  section  280.10 of this chapter, the court may impose a fine which shall
    34  not exceed twenty-five thousand dollars.
    35    § 11. Paragraph (c) of subdivision 1 of section  70.02  of  the  penal
    36  law,  as amended by chapter 1 of the laws of 2013, is amended to read as
    37  follows:
    38    (c) Class D violent felony offenses: an attempt to commit any  of  the
    39  class C felonies set forth in paragraph (b); reckless assault of a child
    40  as defined in section 120.02, assault in the second degree as defined in
    41  section 120.05, menacing a police officer or peace officer as defined in
    42  section  120.18, stalking in the first degree, as defined in subdivision
    43  one of section 120.60, strangulation in the second degree as defined  in
    44  section  121.12, rape in the second degree as defined in section 130.30,
    45  criminal sexual act in the second degree as defined in  section  130.45,
    46  sexual abuse in the first degree as defined in section 130.65, course of
    47  sexual  conduct  against  a  child  in  the  second degree as defined in
    48  section 130.80, aggravated sexual abuse in the third degree  as  defined
    49  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
    50  substance as defined in section 130.90, criminal possession of a  weapon
    51  in  the  third degree as defined in subdivision five, six, seven, eight,
    52  nine or ten of section 265.02, criminal sale of a firearm in  the  third
    53  degree as defined in section 265.11, intimidating a victim or witness in
    54  the  second degree as defined in section 215.16, soliciting or providing
    55  support for an act of terrorism in  the  second  degree  as  defined  in
    56  section  490.10,  and  making a terroristic threat as defined in section

        A. 352                             14
 
     1  490.20, falsely reporting an incident in the first degree as defined  in
     2  section 240.60, placing a false bomb or hazardous substance in the first
     3  degree  as  defined in section 240.62, placing a false bomb or hazardous
     4  substance  in a sports stadium or arena, mass transportation facility or
     5  enclosed shopping mall as defined in section  240.63,  [and]  aggravated
     6  unpermitted use of indoor pyrotechnics in the first degree as defined in
     7  section  405.18,  and  animal  cruelty in the first degree as defined in
     8  subdivision one, two or three of section 280.25.
     9    § 12. Section 195.06 of the penal law, as added by chapter 42  of  the
    10  laws of 1986, is amended to read as follows:
    11  § 195.06 Killing or injuring a police animal.
    12    A  person  is  guilty of killing or injuring a police animal when such
    13  person intentionally kills or injures any animal while such animal is in
    14  the performance of its duties and under the supervision of a  police  or
    15  peace officer.
    16    Killing or injuring a police animal is a class [A misdemeanor] D felo-
    17  ny.
    18    §  13. Section 195.11 of the penal law, as added by chapter 344 of the
    19  laws of 1989, is amended to read as follows:
    20  § 195.11 Harming an animal trained to aid a person with a disability  in
    21             the second degree.
    22    A person is guilty of harming an animal trained to aid a person with a
    23  disability  in  the  second degree when such person intentionally causes
    24  physical injury to such animal while it is in the performance of  aiding
    25  a person with a disability, and thereby renders such animal incapable of
    26  providing such aid to such person, or to another person with a disabili-
    27  ty.
    28    For  purposes  of this section and section 195.12 of this article, the
    29  term "disability" means "disability" as defined in  subdivision  twenty-
    30  one of section two hundred ninety-two of the executive law.
    31    Harming  an  animal  trained  to aid a person with a disability in the
    32  second degree is a class [B] A misdemeanor.
    33    § 14. Section 195.12 of the penal law, as added by chapter 344 of  the
    34  laws of 1989, is amended to read as follows:
    35  §  195.12 Harming an animal trained to aid a person with a disability in
    36             the first degree.
    37    A person is guilty of harming an animal trained to aid a person with a
    38  disability in the first degree when such person:
    39    1. intentionally causes physical injury to such animal while it is  in
    40  the  performance  of  aiding  a  person  with  a disability, and thereby
    41  renders such animal permanently incapable of providing such aid to  such
    42  person, or to another person with a disability; or
    43    2.  intentionally  kills such animal while it is in the performance of
    44  aiding a person with a disability.
    45    Harming an animal trained to aid a person with  a  disability  in  the
    46  first degree is a class [A misdemeanor] D felony.
    47    §  15. Subdivision 2 of section 265.01 of the penal law, as amended by
    48  chapter 1 of the laws of 2013, is amended to read as follows:
    49    (2) He or she possesses any  dagger,  dangerous  knife,  dirk,  razor,
    50  stiletto,  imitation pistol, or any other dangerous or deadly instrument
    51  or weapon with intent to use the same unlawfully against another  person
    52  or an animal; or
    53    §  16. Severability clause. If any clause, sentence, paragraph, subdi-
    54  vision, section or part of this act shall be adjudged by  any  court  of
    55  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    56  impair, or invalidate the remainder thereof, but shall  be  confined  in

        A. 352                             15
 
     1  its  operation  to the clause, sentence, paragraph, subdivision, section
     2  or part thereof directly involved in the controversy in which such judg-
     3  ment shall have been rendered. It is hereby declared to be the intent of
     4  the  legislature  that  this  act  would  have been enacted even if such
     5  invalid provisions had not been included herein.
     6    § 17. This act shall  take  effect  on  the  first  of  November  next
     7  succeeding the date on which it shall have become a law.
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