A04786 Summary:

BILL NOA04786
 
SAME ASNo Same As
 
SPONSORClark
 
COSPNSR
 
MLTSPNSR
 
Amd S370, Ag & Mkts L
 
Prohibits the ownership, possession or harboring of a wild animal or reptile; makes violation a class E felony.
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A04786 Actions:

BILL NOA04786
 
02/06/2015referred to agriculture
01/06/2016referred to agriculture
03/03/2016enacting clause stricken
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A04786 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4786
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 6, 2015
                                       ___________
 
        Introduced  by M. of A. CLARK -- read once and referred to the Committee
          on Agriculture
 
        AN ACT to amend the agriculture and markets law, in relation to  prohib-
          iting  the  ownership,  possession  or  harboring  of a wild animal or
          reptile
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 370 of the agriculture and markets law, as added by
     2  chapter 1047 of the laws of 1965, is amended to read as follows:
     3    § 370. [Protection  of  the  public from attack by] Prohibition of the
     4  ownership, possession or harboring of wild  animals  and  reptiles.  Any
     5  person  owning, possessing or harboring a wild animal or reptile capable
     6  of inflicting bodily harm upon a human being[, who shall fail  to  exer-
     7  cise due care in safeguarding the public from attack by such wild animal
     8  or reptile,] is guilty of a [misdemeanor, punishable by imprisonment for
     9  not  more  than  one  year,  or  by a fine of not more than five hundred
    10  dollars, or by both] class E felony as defined by the penal  law.    For
    11  the  purposes  of this section, "[Wild] wild animal" [within the meaning
    12  of this section, shall not include  a  dog  or  cat  or  other  domestic
    13  animal]  is  defined  in accordance to paragraph e of subdivision six of
    14  section 11-0103 of the environmental conservation law.
    15    Previous attacks upon a human being by such wild animal or reptile, or
    16  knowledge of the vicious propensities of such wild animal or reptile, on
    17  the part of the possessor or harborer thereof, shall not be required  to
    18  be  proven  by  the people upon a prosecution hereunder; and neither the
    19  fact that such wild animal or reptile  has  not  previously  attacked  a
    20  human  being,  nor lack of knowledge of the vicious propensities of such
    21  wild animal or reptile on the part of the owner, possessor  or  harborer
    22  thereof shall constitute a defense to a prosecution hereunder.
    23    § 2. This act shall take effect on the first of November next succeed-
    24  ing 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.
                                                                   LBD08594-01-5
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