STATE OF NEW YORK
________________________________________________________________________
2623
2019-2020 Regular Sessions
IN SENATE
January 28, 2019
___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when
printed to be committed to the Committee on Domestic Animal Welfare
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 2-a. "Torture" means conduct that is intended to cause extreme phys-
14 ical pain.
15 3. "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
18 surrendered, to any natural person eighteen years of age or older, for
19 the purpose of that person permanently harboring such animal as a pet.
20 4. "Farm animal", as used in this article, means any ungulate, poul-
21 try, species of cattle, sheep, swine, goats, llamas, horses or fur-bear-
22 ing animals, as defined in section 11-1907 of the environmental conser-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00947-01-9
S. 2623 2
1 vation law, which are raised for commercial or subsistence purposes.
2 Fur-bearing animal, as referenced in this article, shall not include
3 dogs or cats.
4 5. "Companion animal" or "pet" means any dog or cat, and shall also
5 mean any other domesticated animal normally maintained in or near the
6 household of the owner or person who cares for such other domesticated
7 animal. ["Pet" or "companion] "Companion animal" or "pet" shall not
8 include a "farm animal" as defined in this section.
9 6. "Animal cruelty offense" means any violation of this article or of
10 article two hundred eighty of the penal law, or any other unlawful act
11 by which harm is intentionally, knowingly, recklessly or negligently
12 caused or permitted to occur to an animal.
13 7. "Duly incorporated society for the prevention of cruelty to
14 animals", as used in this article, shall mean a corporation constituted
15 pursuant to the provisions of subdivision (g) of section four hundred
16 four and section fourteen hundred three of the not-for-profit corpo-
17 ration law.
18 § 2. Sections 351, 353, 353-a, 353-b, 353-d, 355, 360, 361 and 362 of
19 the agriculture and markets law are REPEALED.
20 § 3. Section 365 of the agriculture and markets law, as amended by
21 chapter 458 of the laws of 1985, is amended to read as follows:
22 § 365. Clipping or cutting the ears of dogs. 1. Whoever clips or cuts
23 off or causes or procures another to clip or cut off the whole or any
24 part of an ear of any dog unless an anaesthetic shall have been given to
25 the dog and the operation performed by a licensed veterinarian, is guil-
26 ty of a misdemeanor, punishable by imprisonment for not more than one
27 year, or a fine of not more than one thousand dollars, or by both.
28 2. [The provisions of this section shall not apply to any dog or
29 person who is the owner or possessor of any dog whose ear or a part
30 thereof has been clipped or cut off prior to September first, nineteen
31 hundred twenty-nine.
32 3.] Each applicant for a dog license must state on such application
33 whether any ear of the dog for which he applies for such license has
34 been cut off wholly or in part.
35 [4.] 3. Nothing herein contained shall be construed as preventing any
36 dog whose ear or ears shall have been clipped or cut off wholly or in
37 part, not in violation of this section, from being imported into the
38 state exclusively for breeding purposes.
39 § 4. Section 369 of the agriculture and markets law, as amended by
40 chapter 458 of the laws of 1985, is amended to read as follows:
41 § 369. Interference with officers. Any person who shall interfere with
42 or obstruct any constable or police officer or any officer or agent of
43 any duly incorporated society for the prevention of cruelty to animals
44 in the discharge of his duty to enforce the laws relating to animals,
45 including those provisions contained in article two hundred eighty of
46 the penal law, shall be guilty of a misdemeanor, punishable by imprison-
47 ment for not more than one year, or by a fine of not more than one thou-
48 sand dollars, or by both.
49 § 5. Section 371 of the agriculture and markets law, as amended by
50 chapter 573 of the laws of 1978, is amended to read as follows:
51 § 371. Powers of peace officers. A constable or police officer must,
52 and any agent or officer of any duly incorporated society for the
53 prevention of cruelty to animals may issue an appearance ticket pursuant
54 to section 150.20 of the criminal procedure law, summon or arrest, and
55 bring before a court or magistrate having jurisdiction, any person
56 offending against any of the provisions of this article [twenty-six of
S. 2623 3
1 the agriculture and markets law] or any provisions of article two
2 hundred eighty of the penal law. Any officer or agent of any of said
3 societies may lawfully interfere to prevent the perpetration of any act
4 of cruelty upon any animal in his or her presence. Any of said societies
5 may prefer a complaint before any court, tribunal or magistrate having
6 jurisdiction, for the violation of any law relating to or affecting
7 animals and may aid in presenting the law and facts before such court,
8 tribunal or magistrate in any proceeding taken.
9 § 6. Subdivision 6 of section 373 of the agriculture and markets law,
10 as amended by chapter 256 of the laws of 1997, paragraph a as amended by
11 chapter 289 of the laws of 2018, subparagraph 1 of paragraph b as
12 amended by chapter 531 of the laws of 2013 and subparagraph 2 of para-
13 graph b as amended by section 24 of part T of chapter 59 of the laws of
14 2010, is amended to read as follows:
15 6. a. If any animal is seized [and] or impounded pursuant to the
16 provisions of this section, [section three hundred fifty-three-d of this
17 article] or section three hundred seventy-five of this article, or
18 pursuant to the provisions of article six hundred ninety of the criminal
19 procedure law, for any violation of this article, any violation of arti-
20 cle two hundred eighty of the penal law or in connection with the arrest
21 for an animal cruelty offense, then, upon arraignment of charges, or
22 within a reasonable time thereafter, [the] a duly incorporated society
23 for the prevention of cruelty to animals, humane society, pound, animal
24 shelter, sheriff, municipal police department, district attorney or any
25 authorized agents thereof, hereinafter referred to for the purposes of
26 this section as the "impounding organization", may file a petition with
27 the court in which criminal charges have been filed requesting that the
28 person from whom an animal is seized or the owner of the animal be
29 ordered to post a security. The district attorney prosecuting the charg-
30 es may file and obtain the requested relief on behalf of the impounding
31 organization if requested to do so by the impounding organization. The
32 security shall be in an amount sufficient to secure payment for all
33 reasonable expenses expected to be incurred by the impounding organiza-
34 tion in caring and providing for the animal pending disposition of the
35 charges. Reasonable expenses shall include, but not be limited to, esti-
36 mated medical care and boarding of the animal for at least thirty days.
37 The amount of the security, if any, shall be determined by the court
38 after taking into consideration all of the facts and circumstances of
39 the case including, but not limited to the recommendation of the
40 impounding organization having custody and care of the seized animal and
41 the cost of caring for the animal. If a security has been posted in
42 accordance with this section, the impounding organization may draw from
43 the security the actual reasonable costs to be incurred by such organ-
44 ization in caring for the seized animal.
45 b. (1) Upon receipt of a petition pursuant to paragraph a of this
46 subdivision the court shall set a hearing on the petition to be
47 conducted within ten business days of the filing of such petition. The
48 petitioner shall serve a true copy of the petition upon the defendant
49 and the district attorney if the district attorney has not filed the
50 petition on behalf of the petitioner. The petitioner shall also serve a
51 true copy of the petition on any interested person. For purposes of this
52 subdivision, interested person shall mean an individual, partnership,
53 firm, joint stock company, corporation, association, trust, estate or
54 other legal entity who the court determines may have a pecuniary inter-
55 est in the animal which is the subject of the petition. The petitioner
56 or the district attorney acting on behalf of the petitioner, shall have
S. 2623 4
1 the burden of proving by a preponderance of the evidence that the person
2 from whom the animal was seized violated a provision of this article.
3 The court may waive for good cause shown the posting of security.
4 (2) If the court orders the posting of a security, the security shall
5 be posted with the clerk of the court within five business days of the
6 hearing provided for in subparagraph one of this paragraph. The court
7 may order the immediate forfeiture of the seized animal to the impound-
8 ing organization if the person ordered to post the security fails to do
9 so. Any animal forfeited shall be made available for adoption or euthan-
10 ized subject to subdivision seven-a of section one hundred seventeen of
11 this chapter or section three hundred seventy-four of this article.
12 (3) In the case of an animal other than a companion animal or pet, if
13 a person ordered to post security fails to do so, the court may, in
14 addition to the forfeiture to [a duly incorporated society for the
15 prevention of cruelty to animals, humane society, pound, animal shelter
16 or any authorized agents thereof] the impounding organization, and
17 subject to the restrictions of sections three hundred fifty-four, three
18 hundred fifty-seven and three hundred seventy-four of this article,
19 order the animal which was the basis of the order to be sold, provided
20 that all interested persons shall first be provided the opportunity to
21 redeem their interest in the animal and to purchase the interest of the
22 person ordered to post security, subject to such conditions as the court
23 deems appropriate to assure proper care and treatment of the animal. The
24 court may reimburse the person ordered to post security and any inter-
25 ested persons any money earned by the sale of the animal less any costs
26 including, but not limited to, veterinary and custodial care. Any animal
27 determined by the court to be maimed, diseased, disabled or infirm so as
28 to be unfit for sale or any useful purpose shall be forfeited to [a duly
29 incorporated society for the prevention of cruelty to animals or a duly
30 incorporated humane society] the impounding organization or authorized
31 agents thereof, and be available for adoption or shall be euthanized
32 subject to section three hundred seventy-four of this article.
33 (4) Nothing in this section shall be construed to limit or restrict in
34 any way the rights of a secured party having a security interest in any
35 animal described in this section. This section expressly does not impair
36 or subordinate the rights of such a secured lender having a security
37 interest in the animal or in the proceeds from the sale of such animal.
38 c. In no event shall the security prevent the impounding organization
39 having custody and care of the animal from disposing of the animal
40 pursuant to section three hundred seventy-four of this article prior to
41 the expiration of the thirty day period covered by the security if the
42 court makes a determination of the charges against the person from whom
43 the animal was seized prior thereto. Upon receipt of a petition from the
44 impounding organization, the court may order the person from whom the
45 animal was seized or the owner of the animal to post an additional secu-
46 rity with the clerk of the court to secure payment of reasonable
47 expenses for an additional period of time pending a determination by the
48 court of the charges against the person from whom the animal was seized.
49 The person who posted the security shall be entitled to a refund of the
50 security in whole or part for any expenses not incurred by such impound-
51 ing organization upon adjudication of the charges. The person who posted
52 the security shall be entitled to a full refund of the security, includ-
53 ing reimbursement by the impounding organization of any amount allowed
54 by the court to be expended, and the return of the animal seized and
55 impounded upon acquittal or dismissal of the charges, except where the
56 dismissal is based upon an adjournment in contemplation of dismissal
S. 2623 5
1 pursuant to section 215.30 of the criminal procedure law. The court
2 order directing such refund and reimbursement shall provide for payment
3 to be made within a reasonable time from the acquittal or dismissal of
4 charges.
5 § 7. Subdivision 8 of section 374 of the agriculture and markets law
6 is REPEALED.
7 § 8. Section 380 of the agriculture and markets law, as added by chap-
8 ter 470 of the laws of 2017, is renumbered section 381 and a new section
9 382 is added to read as follows:
10 § 382. Special sentencing provisions. In addition to any other penal-
11 ty provided by law, a court may impose the following sentences upon a
12 conviction for any animal cruelty offense:
13 1. The convicted person may, after a duly held hearing pursuant to
14 subdivision six of this section, be ordered by the court to forfeit, to
15 an animal shelter, pound, sheriff, municipal police department, district
16 attorney, a duly incorporated society for the prevention of cruelty to
17 animals or a duly incorporated humane society or authorized agents ther-
18 eof, the animal or animals which are the basis of the conviction. Upon
19 such an order of forfeiture, the convicted person shall be deemed to
20 have relinquished all rights to the animals which are the basis of the
21 conviction, except those granted in subdivision two of this section.
22 2. In the case of farm animals, the court may, in addition to the
23 forfeiture to an animal shelter, pound, sheriff, municipal police
24 department, district attorney, a duly incorporated society for the
25 prevention of cruelty to animals or a duly incorporated humane society
26 or authorized agents thereof, and subject to the restrictions of
27 sections three hundred fifty-four and three hundred fifty-seven of this
28 article, order the farm animals which were the basis of the conviction
29 to be sold. In no case shall farm animals which are the basis of the
30 conviction be redeemed by the convicted person who is the subject of the
31 order of forfeiture or by any person charged with an animal cruelty
32 offense for conspiring, aiding or abetting in the unlawful act which was
33 the basis of the conviction, or otherwise acting as an accomplice if
34 such charge has not yet been adjudicated. The court shall reimburse the
35 convicted person and any duly determined interested persons, pursuant to
36 subdivision six of this section, any money earned by the sale of the
37 farm animals less any costs including, but not limited to, veterinary
38 and custodial care, and any fines or penalties imposed by the court. The
39 court may order that the subject animals be provided with appropriate
40 care and treatment pending the hearing and the disposition of the charg-
41 es. Any farm animal ordered forfeited but not sold shall be remanded to
42 the custody and charge of an animal shelter, pound, sheriff, municipal
43 police department, district attorney, a duly incorporated society for
44 the prevention of cruelty to animals or duly incorporated humane society
45 or its authorized agent thereof and disposed of pursuant to subdivision
46 five of this section.
47 3. The court may order that the convicted person shall not own,
48 harbor, or have custody or control of any other animals, other than farm
49 animals, for a period of time which the court deems reasonable. In
50 making its determination of what period of time is reasonable, the court
51 shall take into account the totality of the circumstances before it and
52 be bound to no single factor. Such order must be in writing and specif-
53 ically state the period of time imposed.
54 4. No dog or cat in the custody of a duly incorporated society for
55 the prevention of cruelty to animals, a duly incorporated humane society
56 or its authorized agents thereof, or a pound or shelter, shall be sold,
S. 2623 6
1 transferred or otherwise made available to any person for the purpose of
2 research, experimentation or testing. No authorized agent of a duly
3 incorporated society for the prevention of cruelty to animals, nor of a
4 duly incorporated humane society, shall use any animal placed in its
5 custody by the duly incorporated society for the prevention of cruelty
6 to animals or duly incorporated humane society for the purpose of
7 research, experimentation or testing.
8 5. An animal shelter, pound, sheriff, municipal police department,
9 district attorney, a duly incorporated society for the prevention of
10 cruelty to animals or a duly incorporated humane society in charge of
11 animals forfeited pursuant to subdivision one or two of this section
12 may, in its discretion, lawfully and without liability, adopt them to
13 individuals other than the convicted person or person charged with an
14 animal cruelty offense for conspiring, aiding or abetting in the unlaw-
15 ful act which was the basis of the conviction, or otherwise acting as an
16 accomplice if such charge has not yet been adjudicated, or humanely
17 dispose of them subject to section three hundred seventy-four of this
18 article.
19 6. (a) Prior to an order of forfeiture of farm animals, a hearing
20 shall be held within thirty days of conviction to determine the pecuni-
21 ary interests of any other person in the farm animals which were the
22 basis of the conviction. Written notice shall be served at least five
23 days prior to the hearing upon all interested persons. In addition,
24 notice shall be made by publication in a local newspaper at least seven
25 days prior to the hearing. For the purposes of this subdivision, inter-
26 ested persons shall mean any individual, partnership, firm, joint stock
27 company, corporation, association, trust, estate, or other legal entity
28 who the court determines may have a pecuniary interest in the farm
29 animals which are the subject of the forfeiture action.
30 (b) All interested persons shall be provided an opportunity at the
31 hearing to redeem their interest as determined by the court in the
32 subject farm animals and to purchase the interest of the convicted
33 person. The convicted person shall be entitled to be reimbursed his or
34 her interest in the farm animals, less any costs, fines or penalties
35 imposed by the court, as specified under subdivision two of this
36 section. In no case shall the court award custody or control of the
37 animals to any interested person who conspired, aided or abetted in the
38 unlawful act which was the basis of the conviction, or who knew or
39 should have known of the unlawful act.
40 7. Nothing in this section shall be construed to limit or restrict in
41 any way the rights of a secured party having a security interest in any
42 farm animal described in this section. This section expressly does not
43 impair or subordinate the rights of such a secured lender having a secu-
44 rity interest in farm animals or in the proceeds from the sale of such
45 farm animals.
46 § 9. Part 3 of the penal law is amended by adding a new title Q to
47 read as follows:
48 TITLE Q
49 OFFENSES AGAINST ANIMALS
50 ARTICLE 280
51 OFFENSES AGAINST ANIMALS
52 Section 280.00 Definitions.
53 280.05 Promoting animal fighting in the second degree.
54 280.10 Promoting animal fighting in the first degree.
55 280.20 Animal cruelty in the second degree.
56 280.25 Animal cruelty in the first degree.
S. 2623 7
1 280.30 Unlawful dealing with animals used for racing, breeding,
2 or competitive exhibition of skill, breed or stamina.
3 280.35 Endangering the welfare of animals.
4 280.40 Animal abduction in the third degree.
5 280.45 Animal abduction in the second degree.
6 280.50 Animal abduction in the first degree.
7 280.55 Unauthorized possession of animal presumptive evidence of
8 restraint and abduction.
9 280.60 Appropriate shelter for dogs left outdoors.
10 280.65 Confinement of companion animals in vehicles; extreme
11 temperatures.
12 280.70 Leaving New York state to avoid provisions of this arti-
13 cle.
14 280.75 Evidentiary and impoundment procedures by members of law
15 enforcement.
16 280.80 Special sentencing provisions applicable.
17 § 280.00 Definitions.
18 The following definitions are applicable to this article:
19 1. "Animal" includes every living creature except a human being.
20 2. "Cruelty" includes every act, omission, or neglect, whereby unjus-
21 tifiable physical pain, suffering or death is caused or permitted and
22 shall include but not be limited to, any act of overdriving, overload-
23 ing, injuring, maiming, mutilating, or killing an animal.
24 3. "Aggravated cruelty" shall mean an act of cruelty that is done or
25 carried out in a depraved or sadistic manner.
26 4. "Torture" means conduct that is intended to cause extreme pain.
27 5. "Adoption" means the delivery of any animal, seized or surrendered,
28 to any natural person eighteen years of age or older, for the limited
29 purpose of harboring such animal as a pet.
30 6. "Farm animal" means any ungulate, poultry, species of cattle,
31 sheep, swine, goats, llamas, horses or fur-bearing animals, as defined
32 in section 11-1907 of the environmental conservation law, which are
33 raised for commercial or subsistence purposes. "Fur-bearing animal"
34 shall not include dogs or cats.
35 7. "Companion animal" or "pet" means any dog or cat, and shall also
36 mean any other domesticated animal normally maintained in or near the
37 household of the owner or person who cares for such other domesticated
38 animal. "Companion animal" or "pet" shall not include a "farm animal" as
39 defined in this section.
40 8. "Animal fighting" shall mean any fight between cocks or other
41 birds, or between dogs, bulls, bears or any other animals, or between
42 any such animal and a person or persons, except in exhibitions of a kind
43 commonly featured at rodeos.
44 9. "Abandons" means any action taken that reflects willful departure
45 from the ownership, possession, care, control, charge or custody of an
46 animal, without making adequate provisions for the animal's future care.
47 10. "Restrain" means to restrict an animal's movements intentionally
48 and unlawfully in such manner as to interfere substantially with its
49 liberty by moving it from one place to another, or by confining it
50 either in the place where the restriction commences or in a place to
51 which it has been moved, with knowledge that the restriction is unlaw-
52 ful.
53 11. "Abduct" means to restrain an animal with intent to prevent its
54 liberation by secreting or holding it in a place where it is not likely
55 to be found.
S. 2623 8
1 12. "Animal fighting paraphernalia" shall mean equipment, products, or
2 materials of any kind that are used, intended for use, or designed for
3 use in the training, preparation, conditioning or furtherance of animal
4 fighting. Animal fighting paraphernalia includes: (i) a breaking stick,
5 which means a device designed for insertion behind the molars of a dog
6 for the purpose of breaking the dog's grip on another animal or object;
7 (ii) a cat mill, which means a device that rotates around a central
8 support with one arm designed to secure a dog and one arm designed to
9 secure a cat, rabbit, or other small animal beyond the grasp of the dog;
10 (iii) a treadmill, which means an exercise device consisting of an
11 endless belt on which the animal walks or runs without changing places;
12 (iv) a springpole, which means a biting surface attached to a stretcha-
13 ble device, suspended at a height sufficient to prevent a dog from
14 reaching the biting surface while touching the ground; (v) a fighting
15 pit, which means a walled area, or otherwise defined area, designed to
16 contain an animal fight; and (vi) any other instrument commonly used in
17 the furtherance of pitting an animal against another animal.
18 § 280.05 Promoting animal fighting in the second degree.
19 A person is guilty of promoting animal fighting in the second degree
20 when such person:
21 1. Owns, possesses, or keeps any animal under any circumstance evincing
22 an intent that such animal engage in animal fighting; or
23 2. Pays an admission fee, makes a wager, or is otherwise present at
24 any place where an exhibition of animal fighting is being conducted, and
25 such person has knowledge that such an exhibition is being conducted.
26 3. Owns, possesses, sells, transfers or manufactures animal fighting
27 paraphernalia under any circumstance evincing an intent that such
28 paraphernalia be used to engage in or otherwise promote or facilitate
29 animal fighting.
30 Promoting animal fighting in the second degree is a class A misdemea-
31 nor.
32 § 280.10 Promoting animal fighting in the first degree.
33 A person is guilty of promoting animal fighting in the first degree
34 when such person:
35 1. Intentionally causes an animal to engage in animal fighting; or
36 2. Trains an animal under circumstances evincing an intent that such
37 animal engage in animal fighting; or
38 3. Breeds, transfers, sells or offers for sale an animal under circum-
39 stances evincing an intent that such animal engage in animal fighting;
40 or
41 4. Permits any act described in subdivision one, two or three of this
42 section to occur on premises under his or her control; or
43 5. Owns, possesses or keeps any animal on premises where an exhibition
44 of animal fighting is being conducted under circumstances evincing an
45 intent that such animal engage in animal fighting.
46 Promoting animal fighting in the first degree is a class D felony.
47 § 280.20 Animal cruelty in the second degree.
48 A person is guilty of animal cruelty in the second degree when:
49 1. Having ownership, possession, care, control, charge or custody of
50 an animal, he or she deprives such animal of, or neglects to furnish
51 such animal with, nutrition, hydration, veterinary care, or shelter
52 adequate to maintain the animal's health and comfort, or causes,
53 procures, or permits such animal to be deprived of nutrition, hydration,
54 veterinary care, or shelter adequate to maintain the animal's health and
55 comfort, and he or she knows or reasonably should know that such animal
S. 2623 9
1 is not receiving adequate nutrition, hydration, veterinary care or shel-
2 ter; or
3 2. Having ownership, possession, care, control, charge or custody of
4 an animal, he or she abandons such animal; or
5 3. Having no justifiable purpose, he or she knowingly instigates,
6 engages in, or in any way furthers cruelty to an animal, or any act
7 tending to produce such cruelty; or
8 4. Having no justifiable purpose, he or she administers or exposes any
9 poisonous or noxious drug or substance to an animal, with intent that
10 the animal take the same and with intent to injure the animal.
11 Nothing contained in this section shall be construed to prohibit or
12 interfere in any way with anyone lawfully engaged in hunting, trapping,
13 or fishing, as provided in article eleven of the environmental conserva-
14 tion law, the dispatch of rabid or diseased animals, as provided in
15 article twenty-one of the public health law, or the dispatch of animals
16 posing a threat to human safety or other animals, where such action is
17 otherwise legally authorized. Nothing herein contained shall be
18 construed to prohibit or interfere with any properly conducted scientif-
19 ic tests, experiments, or investigations involving the use of living
20 animals, performed or conducted in laboratories or institutions, which
21 are approved for these purposes by the commissioner of health. The
22 commissioner of health shall prescribe the rules under which such
23 approvals shall be granted, including therein standards regarding the
24 care and treatment of any such animals. Such rules shall be published
25 and copies thereof conspicuously posted in each such laboratory or
26 institution. The state commissioner of health or his or her duly author-
27 ized representative shall have the power to inspect such laboratories or
28 institutions to insure compliance with such rules and standards. Each
29 such approval may be revoked at any time for failure to comply with such
30 rules and in any case the approval shall be limited to a period not
31 exceeding one year.
32 Animal cruelty in the second degree is a class A misdemeanor.
33 § 280.25 Animal cruelty in the first degree.
34 A person is guilty of animal cruelty in the first degree when:
35 1. Having no justifiable purpose and with intent to cause the death of
36 a companion animal, he or she causes the death of such animal; or
37 2. Having no justifiable purpose and with intent to cause serious
38 physical injury to a companion animal, he or she causes such injury to
39 such animal; or
40 3. Having no justifiable purpose, he or she intentionally tortures an
41 animal or knowingly instigates, engages in, or in any way furthers
42 aggravated cruelty to an animal, or any act tending to produce such
43 aggravated cruelty; or
44 4. Commits the crime of animal cruelty in the second degree in
45 violation of subdivision four of section 280.20 of this article and such
46 animal is a horse, mule, or domestic cattle; or
47 5. Commits the crime of animal cruelty in the second degree in
48 violation of section 280.20 of this article and has previously been
49 convicted, within the preceding ten years, of animal cruelty in the
50 second degree.
51 Nothing contained in this section shall be construed to prohibit or
52 interfere in any way with anyone lawfully engaged in hunting, trapping,
53 or fishing, as provided in article eleven of the environmental conserva-
54 tion law, the dispatch of rabid or diseased animals, as provided in
55 article twenty-one of the public health law, or the dispatch of animals
56 posing a threat to human safety or other animals, where such action is
S. 2623 10
1 otherwise legally authorized, or any properly conducted scientific
2 tests, experiments, or investigations involving the use of living
3 animals, performed or conducted in laboratories or institutions approved
4 for such purposes by the commissioner of health pursuant to section
5 280.20 of this article.
6 Animal cruelty in the first degree is a class D felony.
7 § 280.30 Unlawful dealing with animals used for racing, breeding, or
8 competitive exhibition of skill, breed or stamina.
9 A person is guilty of unlawful dealing with animals used for racing,
10 breeding, or competitive exhibition of skill, breed, or stamina when
11 such person:
12 1. Commits the crime of animal cruelty in the second degree in
13 violation of section 280.20 of this article, and such animal is an
14 animal used for the purposes of racing, breeding or competitive exhibi-
15 tion of skill, breed, or stamina; or
16 2. Having no justifiable purpose, he or she tampers with an animal
17 used for the purposes of racing, breeding, or competitive exhibition of
18 skill, breed, or stamina, or otherwise interferes with such an animal
19 during a race or competitive exhibition of skill, breed, or stamina.
20 Unlawful dealing with animals used for racing, breeding or competitive
21 exhibition of skill, breed or stamina is a class E felony.
22 § 280.35 Endangering the welfare of animals.
23 A person is guilty of endangering the welfare of animals when, with
24 the intent to cause injury to an animal, or recklessly creating a risk
25 thereof, such person:
26 1. Creates a hazardous or physically offensive condition for any
27 animal by any act that serves no legitimate purpose; or
28 2. Throws, drops or places, or causes to be thrown, dropped or placed
29 in a public place, a substance that might wound, disable, or injure any
30 animal.
31 Endangering the welfare of animals is a violation.
32 § 280.40 Animal abduction in the third degree.
33 A person is guilty of animal abduction in the third degree when such
34 person restrains a companion animal without the consent of the individ-
35 ual having ownership, possession, care, control, charge or custody over
36 said companion animal.
37 Animal abduction in the third degree is a class B misdemeanor.
38 § 280.45 Animal abduction in the second degree.
39 A person is guilty of animal abduction in the second degree when such
40 person abducts a companion animal without the consent of the individual
41 having ownership, possession, care, control, charge or custody over said
42 companion animal.
43 Animal abduction in the second degree is a class A misdemeanor.
44 § 280.50 Animal abduction in the first degree.
45 A person is guilty of animal abduction in the first degree when such
46 person abducts or restrains a companion animal without the consent of
47 the individual having ownership, possession, care, control, charge or
48 custody over said companion animal, and when:
49 1. Such person's intent is to compel the payment or deliverance of
50 money or property as ransom, or to engage in other particular conduct,
51 or to refrain from engaging in particular conduct; or
52 2. Such person causes physical injury to the companion animal; or
53 3. The companion animal dies during the abduction or before it is able
54 to return or be returned to safety. Such death shall be presumed from
55 evidence that the individual having ownership, possession, care,
56 control, charge or custody over said companion animal did not see the
S. 2623 11
1 animal following the termination of the abduction and prior to trial and
2 received no reliable information during such period persuasively indi-
3 cating that such animal was alive.
4 Animal abduction in the first degree is a class D felony.
5 § 280.55 Unauthorized possession of animal presumptive evidence of
6 restraint and abduction.
7 The unauthorized possession of a companion animal by any person with-
8 out the consent of the individual having ownership, possession, care,
9 control, charge or custody over said companion animal, for a period
10 exceeding ten days, without notifying either said individual, the local
11 police authorities, the local municipal shelter or pound or the office
12 of the superintendent of the state police located in Albany, New York,
13 of such possession, shall be presumptive evidence of restraint and
14 abduction.
15 § 280.60 Appropriate shelter for dogs left outdoors.
16 1. For purposes of this section:
17 (a) "Physical condition" shall include any special medical needs of a
18 dog due to disease, illness, injury, age or breed about which the owner
19 or person with custody or control of the dog should reasonably be aware.
20 (b) "Inclement weather" shall mean weather conditions that are likely
21 to adversely affect the health or safety of the dog, including but not
22 limited to rain, sleet, ice, snow, wind, or extreme heat and cold.
23 (c) "Dogs that are left outdoors" shall mean dogs that are outdoors in
24 inclement weather without ready access to, or the ability to enter, a
25 house, apartment building, office building, or any other permanent
26 structure that complies with the standards enumerated in paragraph (b)
27 of subdivision three of this section.
28 2. (a) Any person who owns or has custody or control of a dog that is
29 left outdoors shall provide it with shelter appropriate to its breed,
30 physical condition and climate. Any person who knowingly violates the
31 provisions of this section shall be guilty of a violation, punishable by
32 a fine of not less than fifty dollars nor more than one hundred dollars
33 for a first offense, and a fine of not less than one hundred dollars nor
34 more than two hundred fifty dollars for a second and subsequent offense.
35 Beginning seventy-two hours after a charge of violating this section,
36 each day that a defendant fails to correct the deficiencies in the dog
37 shelter for a dog that he or she owns or that is in his or her custody
38 or control and that is left outdoors, so as to bring it into compliance
39 with the provisions of this section shall constitute a separate offense.
40 (b) The court may, in its discretion, reduce the amount of any fine
41 imposed for a violation of this section by the amount which the defend-
42 ant proves he or she has spent providing a dog shelter or repairing an
43 existing dog shelter so that it complies with the requirements of this
44 section. Nothing in this paragraph shall prevent the seizure of a dog
45 for a violation of this section pursuant to the authority granted in
46 this article.
47 3. Minimum standards for determining whether shelter is appropriate to
48 a dog's breed, physical condition and the climate shall include:
49 (a) For dogs that are restrained in any manner outdoors, shade by
50 natural or artificial means to protect the dog from direct sunlight at
51 all times when exposure to sunlight is likely to threaten the health of
52 the dog.
53 (b) For all dogs that are left outdoors in inclement weather, a hous-
54 ing facility, which must: (1) have a waterproof roof; (2) be struc-
55 turally sound with insulation appropriate to local climatic conditions
56 and sufficient to protect the dog from inclement weather; (3) be
S. 2623 12
1 constructed to allow each dog adequate freedom of movement to make
2 normal postural adjustments, including the ability to stand up, turn
3 around and lie down with its limbs outstretched; and (4) allow for
4 effective removal of excretions, other waste material, dirt and trash.
5 The housing facility and the area immediately surrounding it shall be
6 regularly cleaned to maintain a healthy and sanitary environment and to
7 minimize health hazards.
8 4. Inadequate shelter may be indicated by the appearance of the hous-
9 ing facility itself, including but not limited to, size, structural
10 soundness, evidence of crowding within the housing facility, healthful
11 environment in the area immediately surrounding such facility, or by the
12 appearance or physical condition of the dog.
13 5. Upon a finding of any violation of this section, any dog or dogs
14 seized pursuant to the provisions of this article that have not been
15 voluntarily surrendered by the owner or custodian or forfeited pursuant
16 to court order shall be returned to the owner or custodian only upon
17 proof that appropriate shelter as required by this section is being
18 provided.
19 6. Nothing in this section shall be construed to affect any
20 protections afforded to dogs or other animals under any other provisions
21 of this article.
22 Failure to provide appropriate shelter for dogs left outdoors is a
23 violation.
24 § 280.65 Confinement of companion animals in vehicles; extreme temper-
25 atures.
26 1. A person shall not confine a companion animal in a motor vehicle in
27 extreme heat or cold without proper ventilation or other protection from
28 such extreme temperatures where such confinement places the companion
29 animal in imminent danger of death or serious physical injury due to
30 exposure to such extreme heat or cold.
31 2. Where the operator of such a vehicle cannot be promptly located, a
32 police officer, peace officer, or peace officer acting as an agent of a
33 duly incorporated humane society may take necessary steps to remove the
34 animal or animals from the vehicle.
35 3. Police officers, peace officers or peace officers acting as agents
36 of a duly incorporated humane society removing an animal or animals from
37 a vehicle pursuant to this section shall place a written notice on or in
38 the vehicle, bearing the name of the officer or agent, and the depart-
39 ment or agency and address where the animal or animals will be taken.
40 4. An animal or animals removed from a vehicle pursuant to this
41 section shall, after receipt of any necessary emergency veterinary
42 treatment, be delivered to the duly incorporated humane society or soci-
43 ety for the prevention of cruelty to animals, or designated agent there-
44 of, in the jurisdiction where the animal or animals were seized.
45 5. Any person who knowingly violates the provisions of subdivision one
46 of this section shall be guilty of a violation, punishable by a fine of
47 not less than fifty dollars nor more than one hundred dollars for a
48 first offense, and a fine of not less than one hundred dollars nor more
49 than two hundred fifty dollars for a second and subsequent offenses.
50 6. Officers shall not be held criminally or civilly liable for actions
51 taken reasonably and in good faith in carrying out the provisions of
52 this section.
53 7. Nothing contained in this section shall be construed to affect any
54 other protections afforded to companion animals under any other
55 provisions of this article.
S. 2623 13
1 Confinement of companion animals in vehicles; extreme temperatures is
2 a violation.
3 § 280.70 Leaving New York state to avoid provisions of this article.
4 A person who leaves this state with intent to elude any of the
5 provisions of this article or to commit any act out of this state which
6 is prohibited by them or who, being a resident of this state, does any
7 act without this state, pursuant to such intent, which would be punisha-
8 ble under such provisions, if committed within this state, is punishable
9 in the same manner as if such act had been committed within this state.
10 § 280.75 Evidentiary and impoundment procedures by members of law
11 enforcement.
12 Matters relating to the seizure, adoption, care, disposition and
13 destruction of animals by members of law enforcement and members of a
14 duly incorporated society for the prevention of cruelty to animals
15 charged to enforce this article, ancillary to such enforcement of this
16 article, shall be governed by article twenty-six of the agriculture and
17 markets law and article six hundred ninety of the criminal procedure
18 law.
19 § 280.80 Special sentencing provisions applicable.
20 In addition to any other penalty provided by law, the sentencing
21 provisions contained in section three hundred eighty-two of the agricul-
22 ture and markets law shall be applicable to violations of this article.
23 § 10. The penal law is amended by adding a new section 60.22 to read
24 as follows:
25 § 60.22 Authorized dispositions; promoting animal fighting.
26 When a person is convicted of an offense defined in section 280.05 of
27 this chapter, in addition to the other penalties as provided in this
28 chapter, the court may impose a fine which shall not exceed fifteen
29 thousand dollars. When a person is convicted of an offense defined in
30 section 280.10 of this chapter, the court may impose a fine which shall
31 not exceed twenty-five thousand dollars.
32 § 11. Paragraph (c) of subdivision 1 of section 70.02 of the penal
33 law, as amended by chapter 368 of the laws of 2015, is amended to read
34 as follows:
35 (c) Class D violent felony offenses: an attempt to commit any of the
36 class C felonies set forth in paragraph (b); reckless assault of a child
37 as defined in section 120.02, assault in the second degree as defined in
38 section 120.05, menacing a police officer or peace officer as defined in
39 section 120.18, stalking in the first degree, as defined in subdivision
40 one of section 120.60, strangulation in the second degree as defined in
41 section 121.12, rape in the second degree as defined in section 130.30,
42 criminal sexual act in the second degree as defined in section 130.45,
43 sexual abuse in the first degree as defined in section 130.65, course of
44 sexual conduct against a child in the second degree as defined in
45 section 130.80, aggravated sexual abuse in the third degree as defined
46 in section 130.66, facilitating a sex offense with a controlled
47 substance as defined in section 130.90, labor trafficking as defined in
48 paragraphs (a) and (b) of subdivision three of section 135.35, criminal
49 possession of a weapon in the third degree as defined in subdivision
50 five, six, seven, eight, nine or ten of section 265.02, criminal sale of
51 a firearm in the third degree as defined in section 265.11, intimidating
52 a victim or witness in the second degree as defined in section 215.16,
53 soliciting or providing support for an act of terrorism in the second
54 degree as defined in section 490.10, and making a terroristic threat as
55 defined in section 490.20, falsely reporting an incident in the first
56 degree as defined in section 240.60, placing a false bomb or hazardous
S. 2623 14
1 substance in the first degree as defined in section 240.62, placing a
2 false bomb or hazardous substance in a sports stadium or arena, mass
3 transportation facility or enclosed shopping mall as defined in section
4 240.63, [and] aggravated unpermitted use of indoor pyrotechnics in the
5 first degree as defined in section 405.18, and animal cruelty in the
6 first degree as defined in subdivision one, two or three of section
7 280.25.
8 § 12. Section 195.06 of the penal law, as added by chapter 42 of the
9 laws of 1986, is amended to read as follows:
10 § 195.06 Killing or injuring a police animal.
11 A person is guilty of killing or injuring a police animal when such
12 person intentionally kills or injures any animal while such animal is in
13 the performance of its duties and under the supervision of a police or
14 peace officer.
15 Killing or injuring a police animal is a class [A misdemeanor] D felo-
16 ny.
17 § 13. Section 195.11 of the penal law, as added by chapter 344 of the
18 laws of 1989, is amended to read as follows:
19 § 195.11 Harming an animal trained to aid a person with a disability in
20 the second degree.
21 A person is guilty of harming an animal trained to aid a person with a
22 disability in the second degree when such person intentionally causes
23 physical injury to such animal while it is in the performance of aiding
24 a person with a disability, and thereby renders such animal incapable of
25 providing such aid to such person, or to another person with a disabili-
26 ty.
27 For purposes of this section and section 195.12 of this article, the
28 term "disability" means "disability" as defined in subdivision twenty-
29 one of section two hundred ninety-two of the executive law.
30 Harming an animal trained to aid a person with a disability in the
31 second degree is a class [B] A misdemeanor.
32 § 14. Section 195.12 of the penal law, as added by chapter 344 of the
33 laws of 1989, is amended to read as follows:
34 § 195.12 Harming an animal trained to aid a person with a disability in
35 the first degree.
36 A person is guilty of harming an animal trained to aid a person with a
37 disability in the first degree when such person:
38 1. intentionally causes physical injury to such animal while it is in
39 the performance of aiding a person with a disability, and thereby
40 renders such animal permanently incapable of providing such aid to such
41 person, or to another person with a disability; or
42 2. intentionally kills such animal while it is in the performance of
43 aiding a person with a disability.
44 Harming an animal trained to aid a person with a disability in the
45 first degree is a class [A misdemeanor] D felony.
46 § 15. Subdivision 2 of section 265.01 of the penal law, as amended by
47 chapter 269 of the laws of 2016, is amended to read as follows:
48 (2) He or she possesses any dagger, dangerous knife, dirk, machete,
49 razor, stiletto, imitation pistol, or any other dangerous or deadly
50 instrument or weapon with intent to use the same unlawfully against
51 another person or an animal; or
52 § 16. Severability clause. If any clause, sentence, paragraph, subdi-
53 vision, section or part of this act shall be adjudged by any court of
54 competent jurisdiction to be invalid, such judgment shall not affect,
55 impair, or invalidate the remainder thereof, but shall be confined in
56 its operation to the clause, sentence, paragraph, subdivision, section
S. 2623 15
1 or part thereof directly involved in the controversy in which such judg-
2 ment shall have been rendered. It is hereby declared to be the intent of
3 the legislature that this act would have been enacted even if such
4 invalid provisions had not been included herein.
5 § 17. This act shall take effect on the first of November next
6 succeeding the date on which it shall have become a law.
