A01409 Summary:

BILL NOA01409
 
SAME ASSAME AS S05203
 
SPONSORZebrowski
 
COSPNSR
 
MLTSPNSR
 
Amd §123, Ag & Mkts L
 
Relates to the judicial process relating to a dog that causes the death of a companion animal, farm animal or domestic animal while trespassing on property.
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A01409 Actions:

BILL NOA01409
 
01/17/2023referred to agriculture
01/03/2024referred to agriculture
07/15/2024enacting clause stricken
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A01409 Committee Votes:

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A01409 Floor Votes:

There are no votes for this bill in this legislative session.
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A01409 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1409
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 17, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
          Committee on Agriculture
 
        AN ACT to amend the agriculture and markets  law,  in  relation  to  the
          judicial  process  relating  to a dog that caused death to a companion
          animal, farm animal or domestic animal while trespassing on property

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 3 of section 123 of the agriculture and markets
     2  law,  as  added  by  chapter 392 of the laws of 2004 and such section as
     3  renumbered by section 18 of part T of chapter 59 of the laws of 2010, is
     4  amended to read as follows:
     5    3. Upon a finding that a dog is dangerous, the judge  or  justice  may
     6  order  humane  euthanasia  or permanent confinement of the dog if one of
     7  the following aggravating circumstances is established at  the  judicial
     8  hearing held pursuant to subdivision two of this section:
     9    (a)  the dog, without justification, attacked a person causing serious
    10  physical injury or death; or
    11    (b) the dog has a known vicious propensity as evidenced by a  previous
    12  unjustified  attack on a person, which caused serious physical injury or
    13  death; or
    14    (c) the dog, without justification and while  trespassing  on  another
    15  person's  property,  caused  death to a companion animal, farm animal or
    16  domestic animal; or
    17    (d) the dog, without justification, caused serious physical injury  or
    18  death to a companion animal, farm animal or domestic animal, and has, in
    19  the  past  two  years,  caused unjustified physical injury or death to a
    20  companion or farm animal as  evidenced  by  a  "dangerous  dog"  finding
    21  pursuant to the provisions of this section.
    22  An  order of humane euthanasia shall not be carried out until expiration
    23  of the thirty day period  provided  for  in  subdivision  five  of  this
    24  section  for  filing a notice of appeal, unless the owner of the dog has

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00971-01-3

        A. 1409                             2
 
     1  indicated to the judge in writing, his or her intention to waive his  or
     2  her  right to appeal. Upon filing of a notice of appeal, the order shall
     3  be automatically stayed pending the outcome of the appeal.
     4    §  2.  This  act shall take effect on the ninetieth day after it shall
     5  have become a law. Effective immediately the addition, amendment  and/or
     6  repeal  of  any  rule  or regulation necessary for the implementation of
     7  this act on its effective date are authorized to be made  and  completed
     8  on or before such date.
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