STATE OF NEW YORK
________________________________________________________________________
233
2023-2024 Regular Sessions
IN SENATE(Prefiled)
January 4, 2023
___________
Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to limiting
the right of a person who has violated certain animal cruelty statutes
from working at an animal shelter
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 353-a of the agriculture and markets law is amended
2 by adding a new subdivision 4 to read as follows:
3 4. No person who is convicted of a violation of this section shall be
4 allowed to accept or remain in a position as a dog control officer,
5 animal control officer, or as a paid employee or volunteer at the
6 following types of establishments: an animal shelter, pound, duly incor-
7 porated humane society, duly incorporated animal protective association,
8 or duly incorporated society for the prevention of cruelty to animals,
9 on and after the effective date of this subdivision. For the purposes
10 of this subdivision, the term "volunteer" shall not include anyone
11 required by court order to fulfill a community service requirement in
12 service at any animal shelter, pound, duly incorporated humane society,
13 duly incorporated animal protective association, or duly incorporated
14 society for the prevention of cruelty to animals. Any dog control offi-
15 cer, animal control officer or paid employee or volunteer found in
16 violation of this subdivision shall be guilty of a class A misdemeanor.
17 § 2. Section 353 of the agriculture and markets law, as amended by
18 chapter 458 of the laws of 1985 and the opening paragraph as amended by
19 chapter 523 of the laws of 2005, is amended to read as follows:
20 § 353. Overdriving, torturing and injuring animals; failure to provide
21 proper sustenance. 1. A person who overdrives, overloads, tortures or
22 cruelly beats or unjustifiably injures, maims, mutilates or kills any
23 animal, whether wild or tame, and whether belonging to himself or to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00103-01-3
S. 233 2
1 another, or deprives any animal of necessary sustenance, food or drink,
2 or neglects or refuses to furnish it such sustenance or drink, or caus-
3 es, procures or permits any animal to be overdriven, overloaded,
4 tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or
5 killed, or to be deprived of necessary food or drink, or who wilfully
6 sets on foot, instigates, engages in, or in any way furthers any act of
7 cruelty to any animal, or any act tending to produce such cruelty, is
8 guilty of a class A misdemeanor and for purposes of paragraph (b) of
9 subdivision one of section 160.10 of the criminal procedure law, shall
10 be treated as a misdemeanor defined in the penal law.
11 2. Nothing herein contained shall be construed to prohibit or inter-
12 fere with any properly conducted scientific tests, experiments or inves-
13 tigations, involving the use of living animals, performed or conducted
14 in laboratories or institutions, which are approved for these purposes
15 by the state commissioner of health. The state commissioner of health
16 shall prescribe the rules under which such approvals shall be granted,
17 including therein standards regarding the care and treatment of any such
18 animals. Such rules shall be published and copies thereof conspicuously
19 posted in each such laboratory or institution. The state commissioner of
20 health or his duly authorized representative shall have the power to
21 inspect such laboratories or institutions to insure compliance with such
22 rules and standards. Each such approval may be revoked at any time for
23 failure to comply with such rules and in any case the approval shall be
24 limited to a period not exceeding one year.
25 3. No person who is convicted of a violation of this section shall be
26 allowed to accept or remain in a position as a dog control officer,
27 animal control officer, or as a paid employee or volunteer at the
28 following types of establishments: an animal shelter, pound, duly incor-
29 porated humane society, duly incorporated animal protective association,
30 or duly incorporated society for the prevention of cruelty to animals,
31 on and after the effective date of this subdivision. For the purposes
32 of this subdivision, the term "volunteer" shall not include anyone
33 required by court order to fulfill a community service requirement in
34 service at any animal shelter, pound, duly incorporated humane society,
35 duly incorporated animal protective association, or duly incorporated
36 society for the prevention of cruelty to animals. Any dog control offi-
37 cer, animal control officer or paid employee or volunteer found in
38 violation of this subdivision shall be guilty of a class A misdemeanor.
39 § 3. Section 351 of the agriculture and markets law is amended by
40 adding a new subdivision 7 to read as follows:
41 7. No person who is convicted of a violation of this section shall be
42 allowed to accept or remain in a position as a dog control officer,
43 animal control officer, or as a paid employee or volunteer at the
44 following types of establishments: an animal shelter, pound, duly incor-
45 porated humane society, duly incorporated animal protective association,
46 or duly incorporated society for the prevention of cruelty to animals,
47 on and after the effective date of this subdivision. For the purposes of
48 this subdivision, the term "volunteer" shall not include anyone required
49 by court order to fulfill a community service requirement in service at
50 any animal shelter, pound, duly incorporated humane society, duly incor-
51 porated animal protective association, or duly incorporated society for
52 the prevention of cruelty to animals. Any dog control officer, animal
53 control officer or paid employee or volunteer found in violation of this
54 subdivision shall be guilty of a class A misdemeanor.
55 § 4. Section 355 of the agriculture and markets law, as amended by
56 chapter 458 of the laws of 1985, is amended to read as follows:
S. 233 3
1 § 355. Abandonment of animals. 1. A person being the owner or posses-
2 sor, or having charge or custody of an animal, who abandons such animal,
3 or leaves it to die in a street, road or public place, or who allows
4 such animal, if it become disabled, to lie in a public street, road or
5 public place more than three hours after he receives notice that it is
6 left disabled, is guilty of a misdemeanor, punishable by imprisonment
7 for not more than one year, or by a fine of not more than one thousand
8 dollars, or by both.
9 2. No person who is convicted of a violation of this section shall be
10 allowed to accept or remain in a position as a dog control officer,
11 animal control officer, or as a paid employee or volunteer at the
12 following types of establishments: an animal shelter, pound, duly incor-
13 porated humane society, duly incorporated animal protective association,
14 or duly incorporated society for the prevention of cruelty to animals,
15 on and after the effective date of this subdivision. For the purposes of
16 this subdivision, the term "volunteer" shall not include anyone required
17 by court order to fulfill a community service requirement in service at
18 any animal shelter, pound, duly incorporated humane society, duly incor-
19 porated animal protective association, or duly incorporated society for
20 the prevention of cruelty to animals. Any dog control officer, animal
21 control officer or paid employee or volunteer found in violation of this
22 subdivision shall be guilty of a class A misdemeanor.
23 § 5. This act shall take effect on the thirtieth day after it shall
24 have become a law.
