Relates to knowingly possessing or harboring a hostile dog which without justification attacks a person and causes serious physical injury or death or is not lawfully licensed, currently vaccinated for rabies and has no valid official identification tag affixed to its collar and cannot be restrained from chasing, worrying or attacking any person under the age of 16 in a manner capable of causing serious injury.
STATE OF NEW YORK
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6131
IN SENATE(Prefiled)
January 8, 2014
___________
Introduced by Sen. O'BRIEN -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to knowingly possessing or
harboring a hostile dog
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 265.01 of the penal law is amended by adding a new
2 subdivision 9 to read as follows:
3 (9) He or she knowingly possesses or harbors any dog that, by temper-
4 ament, nature, or past behavior, is inclined to be hostile and:
5 (a) attacks a person, without provocation, thereby causing serious
6 physical injury or death to such person; or
7 (b) (i) is not licensed, (ii) does not have a current vaccination for
8 rabies, (iii) does not have a valid identification tag pursuant to
9 section one hundred twelve of the agriculture and markets law, and (iv)
10 cannot be restrained from chasing, worrying, or attacking any person
11 under the age of sixteen; or
12 (c) he or she has refused to surrender the dog as required by a judi-
13 cial order issued pursuant to section one hundred twenty-one of the
14 agriculture and markets law; or
15 (d) he or she uses the dog in the commission of a crime.
16 § 2. This act shall take effect on the first of November next succeed-
17 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.
LBD13149-01-3
