S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          775
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by M. of A. ROSENTHAL, LAVINE, SWEENEY, RUSSELL, BRINDISI --
         read once and referred to the Committee on Agriculture
       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    S 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    3.  "TORTURE" MEANS CONDUCT THAT IS INTENDED TO CAUSE EXTREME PHYSICAL
   14  PAIN.
   15    4. "Adoption" means the delivery [to any natural person eighteen years
   16  of age or older, for the limited purpose of harboring  a  pet,]  TO  ANY
   17  NATURAL  PERSON EIGHTEEN YEARS OF AGE OR OLDER, FOR THE LIMITED PURPOSES
   18  OF HARBORING of any dog or cat, seized or surrendered.
   19    [4]5.  "Farm animal", as used in this  article,  means  any  ungulate,
   20  poultry,  species of cattle, sheep, swine, goats, llamas, horses or fur-
   21  bearing animals, as defined in  section  11-1907  of  the  environmental
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01445-01-3
       A. 775                              2
    1  conservation  law,  which  are  raised  for  commercial  or  subsistence
    2  purposes. Fur-bearing animal, AS REFERENCED IN THIS ARTICLE,  shall  not
    3  include dogs or cats.
    4    [5]6. "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    7. "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    8.  "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 ONE THOUSAND FOUR HUNDRED THREE OF  THE  NOT-FOR-PROFIT
   17  CORPORATION LAW.
   18    S  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    S 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    S 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    S 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    S 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    S  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    S 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  article  twenty-six  of  the
       A. 775                              3
    1  agriculture  and  markets  law  OR ANY PROVISIONS OF ARTICLE TWO HUNDRED
    2  EIGHTY OF THE PENAL LAW. Any officer or agent of any of  said  societies
    3  may lawfully interfere to prevent the perpetration of any act of cruelty
    4  upon any animal in his OR HER presence. Any of said societies may prefer
    5  a  complaint  before  any court, tribunal or magistrate having jurisdic-
    6  tion, for the violation of any law relating to or affecting animals  and
    7  may  aid  in presenting the law and facts before such court, tribunal or
    8  magistrate in any proceeding taken.
    9    S 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  586  of  the  laws  of  2008,  subparagraph 2 of paragraph b as
   12  amended by section 24 of part T of chapter 59 of the laws  of  2010,  is
   13  amended to read as follows:
   14    6.  a.  If  any  animal  is  seized [and] OR impounded pursuant to the
   15  provisions of this section, [section three hundred fifty-three-d of this
   16  article] or section three  hundred  seventy-five  of  this  article,  OR
   17  PURSUANT TO THE PROVISIONS OF ARTICLE SIX HUNDRED NINETY OF THE CRIMINAL
   18  PROCEDURE LAW, for any violation of this article, ANY VIOLATION OF ARTI-
   19  CLE  TWO  HUNDRED  EIGHTY  OF  THE  PENAL LAW, OR IN CONNECTION WITH THE
   20  ARREST ON AN ANIMAL CRUELTY OFFENSE, THEN, upon arraignment  of  charges
   21  [the],  A  duly  incorporated  society  for the prevention of cruelty to
   22  animals, humane  society,  pound,  animal  shelter,  SHERIFF,  MUNICIPAL
   23  POLICE DEPARTMENT, OR DISTRICT ATTORNEY, or any authorized agents there-
   24  of,  hereinafter  referred  to  for  the purposes of this section as the
   25  "impounding organization", may file a petition with the court requesting
   26  that the person from whom an animal is seized or the owner of the animal
   27  be ordered to post a security. The security shall be in an amount suffi-
   28  cient to secure payment for  all  reasonable  expenses  expected  to  be
   29  incurred  by the impounding organization in caring and providing for the
   30  animal pending disposition of the  charges.  Reasonable  expenses  shall
   31  include,  but  not be limited to, estimated medical care and boarding of
   32  the animal for at least thirty days. The amount of the security, if any,
   33  shall be determined by the court after taking into consideration all  of
   34  the  facts  and  circumstances of the case including, but not limited to
   35  the recommendation of the impounding  organization  having  custody  and
   36  care  of  the  seized animal and the cost of caring for the animal. If a
   37  security has been posted in accordance with this section, the impounding
   38  organization may draw from the security the actual reasonable  costs  to
   39  be incurred by such organization in caring for the seized animal.
   40    b.  (1)  Upon  receipt  of  a petition pursuant to paragraph a of this
   41  subdivision the court  shall  set  a  hearing  on  the  petition  to  be
   42  conducted  within  ten business days of the filing of such petition. The
   43  petitioner shall serve a true copy of the petition  upon  the  defendant
   44  and  the  district attorney. The petitioner shall also serve a true copy
   45  of the petition on any interested person. For purposes of this  subdivi-
   46  sion,  interested  person  shall  mean an individual, partnership, firm,
   47  joint stock company, corporation, association, trust,  estate  or  other
   48  legal  entity  who the court determines may have a pecuniary interest in
   49  the animal which is the subject of the petition.  The  petitioner  shall
   50  have  the  burden of proving by a preponderance of the evidence that the
   51  person from whom the animal was seized  violated  a  provision  of  this
   52  article. The court may waive for good cause shown the posting of securi-
   53  ty.
   54    (2)  If the court orders the posting of a security, the security shall
   55  be posted with the clerk of the court within five business days  of  the
   56  hearing  provided  for  in subparagraph one of this paragraph. The court
       A. 775                              4
    1  may order the immediate forfeiture of the seized animal to the  impound-
    2  ing  organization if the person ordered to post the security fails to do
    3  so. Any animal forfeited shall be made available for adoption or euthan-
    4  ized  subject to subdivision seven-a of section one hundred seventeen of
    5  this chapter or section three hundred seventy-four of this article.
    6    (3) In the case of an animal other than a companion animal or pet,  if
    7  a  person  ordered  to  post  security fails to do so, the court may, in
    8  addition to the forfeiture to  [a  duly  incorporated  society  for  the
    9  prevention  of cruelty to animals, humane society, pound, animal shelter
   10  or any authorized  agents  thereof]  THE  IMPOUNDING  ORGANIZATION,  and
   11  subject  to the restrictions of sections three hundred fifty-four, three
   12  hundred fifty-seven and three  hundred  seventy-four  of  this  article,
   13  order  the  animal which was the basis of the order to be sold, provided
   14  that all interested persons shall first be provided the  opportunity  to
   15  redeem  their interest in the animal and to purchase the interest of the
   16  person ordered to post security, subject to such conditions as the court
   17  deems appropriate to assure proper care and treatment of the animal. The
   18  court may reimburse the person ordered to post security and  any  inter-
   19  ested  persons any money earned by the sale of the animal less any costs
   20  including, but not limited to, veterinary and custodial care. Any animal
   21  determined by the court to be maimed, diseased, disabled or infirm so as
   22  to be unfit for sale or any useful purpose shall be forfeited to [a duly
   23  incorporated society for the prevention of cruelty to animals or a  duly
   24  incorporated  humane  society] THE IMPOUNDING ORGANIZATION or authorized
   25  agents thereof, and be available for adoption  or  shall  be  euthanized
   26  subject to section three hundred seventy-four of this article.
   27    (4) Nothing in this section shall be construed to limit or restrict in
   28  any  way the rights of a secured party having a security interest in any
   29  animal described in this section. This section expressly does not impair
   30  or subordinate the rights of such a secured  lender  having  a  security
   31  interest in the animal or in the proceeds from the sale of such animal.
   32    c.  In no event shall the security prevent the impounding organization
   33  having custody and care of the  animal  from  disposing  of  the  animal
   34  pursuant  to section three hundred seventy-four of this article prior to
   35  the expiration of the thirty day period covered by the security  if  the
   36  court  makes a determination of the charges against the person from whom
   37  the animal was seized prior thereto. Upon receipt of a petition from the
   38  impounding organization, the court may order the person  from  whom  the
   39  animal was seized or the owner of the animal to post an additional secu-
   40  rity  with  the  clerk  of  the  court  to  secure payment of reasonable
   41  expenses for an additional period of time pending a determination by the
   42  court of the charges against the person from whom the animal was seized.
   43  The person who posted the security shall be entitled to a refund of  the
   44  security in whole or part for any expenses not incurred by such impound-
   45  ing organization upon adjudication of the charges. The person who posted
   46  the security shall be entitled to a full refund of the security, includ-
   47  ing  reimbursement  by the impounding organization of any amount allowed
   48  by the court to be expended, and the return of  the  animal  seized  and
   49  impounded  upon  acquittal or dismissal of the charges, except where the
   50  dismissal is based upon an adjournment  in  contemplation  of  dismissal
   51  pursuant  to  section  215.30  of  the criminal procedure law. The court
   52  order directing such refund and reimbursement shall provide for  payment
   53  to  be  made within a reasonable time from the acquittal or dismissal of
   54  charges.
   55    S 7. Subdivision 8 of section 374 of the agriculture and  markets  law
   56  is REPEALED.
       A. 775                              5
    1    S  8.    The  agriculture  and  markets law is amended by adding a new
    2  section 380 to read as follows:
    3    S 380. SPECIAL SENTENCING PROVISIONS.  IN ADDITION TO ANY OTHER PENAL-
    4  TY  PROVIDED  BY  LAW, A COURT MAY IMPOSE THE FOLLOWING SENTENCES UPON A
    5  CONVICTION FOR ANY ANIMAL CRUELTY OFFENSE:
    6    1. THE CONVICTED PERSON MAY, AFTER A DULY  HELD  HEARING  PURSUANT  TO
    7  SUBDIVISION  SIX OF THIS SECTION, BE ORDERED BY THE COURT TO FORFEIT, TO
    8  AN ANIMAL SHELTER, POUND, SHERIFF, MUNICIPAL POLICE DEPARTMENT, DISTRICT
    9  ATTORNEY, A DULY INCORPORATED SOCIETY FOR THE PREVENTION OF  CRUELTY  TO
   10  ANIMALS OR A DULY INCORPORATED HUMANE SOCIETY OR AUTHORIZED AGENTS THER-
   11  EOF,  THE  ANIMAL OR ANIMALS WHICH ARE THE BASIS OF THE CONVICTION. UPON
   12  SUCH AN ORDER OF FORFEITURE, THE CONVICTED PERSON  SHALL  BE  DEEMED  TO
   13  HAVE  RELINQUISHED  ALL RIGHTS TO THE ANIMALS WHICH ARE THE BASIS OF THE
   14  CONVICTION, EXCEPT THOSE GRANTED IN SUBDIVISION TWO OF THIS SECTION.
   15    2. IN THE CASE OF FARM ANIMALS, THE COURT  MAY,  IN  ADDITION  TO  THE
   16  FORFEITURE  TO  AN  ANIMAL  SHELTER,  POUND,  SHERIFF,  MUNICIPAL POLICE
   17  DEPARTMENT, DISTRICT ATTORNEY,  A  DULY  INCORPORATED  SOCIETY  FOR  THE
   18  PREVENTION  OF  CRUELTY TO ANIMALS OR A DULY INCORPORATED HUMANE SOCIETY
   19  OR AUTHORIZED  AGENTS  THEREOF,  AND  SUBJECT  TO  THE  RESTRICTIONS  OF
   20  SECTIONS  THREE HUNDRED FIFTY-FOUR AND THREE HUNDRED FIFTY-SEVEN OF THIS
   21  ARTICLE, ORDER THE FARM ANIMALS WHICH WERE THE BASIS OF  THE  CONVICTION
   22  TO  BE  SOLD.  IN  NO CASE SHALL FARM ANIMALS WHICH ARE THE BASIS OF THE
   23  CONVICTION BE REDEEMED BY THE CONVICTED PERSON WHO IS THE SUBJECT OF THE
   24  ORDER OF FORFEITURE OR BY ANY PERSON  CHARGED  WITH  AN  ANIMAL  CRUELTY
   25  OFFENSE FOR CONSPIRING, AIDING OR ABETTING IN THE UNLAWFUL ACT WHICH WAS
   26  THE  BASIS  OF  THE  CONVICTION, OR OTHERWISE ACTING AS AN ACCOMPLICE IF
   27  SUCH CHARGE HAS NOT YET BEEN ADJUDICATED. THE COURT SHALL REIMBURSE  THE
   28  CONVICTED PERSON AND ANY DULY DETERMINED INTERESTED PERSONS, PURSUANT TO
   29  SUBDIVISION  SIX  OF  THIS  SECTION, ANY MONEY EARNED BY THE SALE OF THE
   30  FARM ANIMALS LESS ANY COSTS INCLUDING, BUT NOT  LIMITED  TO,  VETERINARY
   31  AND CUSTODIAL CARE, AND ANY FINES OR PENALTIES IMPOSED BY THE COURT. THE
   32  COURT  MAY  ORDER  THAT THE SUBJECT ANIMALS BE PROVIDED WITH APPROPRIATE
   33  CARE AND TREATMENT PENDING THE HEARING AND THE DISPOSITION OF THE CHARG-
   34  ES. ANY FARM ANIMAL ORDERED FORFEITED BUT NOT SOLD SHALL BE REMANDED  TO
   35  THE  CUSTODY  AND CHARGE OF AN ANIMAL SHELTER, POUND, SHERIFF, MUNICIPAL
   36  POLICE DEPARTMENT, DISTRICT ATTORNEY, A DULY  INCORPORATED  SOCIETY  FOR
   37  THE PREVENTION OF CRUELTY TO ANIMALS OR DULY INCORPORATED HUMANE SOCIETY
   38  OR  ITS AUTHORIZED AGENT THEREOF AND DISPOSED OF PURSUANT TO SUBDIVISION
   39  FIVE OF THIS SECTION.
   40    3. THE COURT MAY ORDER  THAT  THE  CONVICTED  PERSON  SHALL  NOT  OWN,
   41  HARBOR, OR HAVE CUSTODY OR CONTROL OF ANY OTHER ANIMALS, OTHER THAN FARM
   42  ANIMALS,  FOR  A  PERIOD  OF  TIME  WHICH THE COURT DEEMS REASONABLE. IN
   43  MAKING ITS DETERMINATION OF WHAT PERIOD OF TIME IS REASONABLE, THE COURT
   44  SHALL TAKE INTO ACCOUNT THE TOTALITY OF THE CIRCUMSTANCES BEFORE IT  AND
   45  BE  BOUND TO NO SINGLE FACTOR. SUCH ORDER MUST BE IN WRITING AND SPECIF-
   46  ICALLY STATE THE PERIOD OF TIME IMPOSED.
   47    4.  NO DOG OR CAT IN THE CUSTODY OF A DULY  INCORPORATED  SOCIETY  FOR
   48  THE PREVENTION OF CRUELTY TO ANIMALS, A DULY INCORPORATED HUMANE SOCIETY
   49  OR  ITS AUTHORIZED AGENTS THEREOF, OR A POUND OR SHELTER, SHALL BE SOLD,
   50  TRANSFERRED OR OTHERWISE MADE AVAILABLE TO ANY PERSON FOR THE PURPOSE OF
   51  RESEARCH, EXPERIMENTATION OR TESTING. NO  AUTHORIZED  AGENT  OF  A  DULY
   52  INCORPORATED  SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, NOR OF A
   53  DULY INCORPORATED HUMANE SOCIETY, SHALL USE ANY  ANIMAL  PLACED  IN  ITS
   54  CUSTODY  BY  THE DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY
   55  TO ANIMALS OR DULY  INCORPORATED  HUMANE  SOCIETY  FOR  THE  PURPOSE  OF
   56  RESEARCH, EXPERIMENTATION OR TESTING.
       A. 775                              6
    1    5.  AN  ANIMAL  SHELTER,  POUND, SHERIFF, MUNICIPAL POLICE DEPARTMENT,
    2  DISTRICT ATTORNEY, A DULY INCORPORATED SOCIETY  FOR  THE  PREVENTION  OF
    3  CRUELTY  TO  ANIMALS  OR A DULY INCORPORATED HUMANE SOCIETY IN CHARGE OF
    4  ANIMALS FORFEITED PURSUANT TO SUBDIVISION ONE OR  TWO  OF  THIS  SECTION
    5  MAY,  IN  ITS  DISCRETION, LAWFULLY AND WITHOUT LIABILITY, ADOPT THEM TO
    6  INDIVIDUALS OTHER THAN THE CONVICTED PERSON OR PERSON  CHARGED  WITH  AN
    7  ANIMAL  CRUELTY OFFENSE FOR CONSPIRING, AIDING OR ABETTING IN THE UNLAW-
    8  FUL ACT WHICH WAS THE BASIS OF THE CONVICTION, OR OTHERWISE ACTING AS AN
    9  ACCOMPLICE IF SUCH CHARGE HAS NOT  YET  BEEN  ADJUDICATED,  OR  HUMANELY
   10  DISPOSE  OF  THEM  SUBJECT TO SECTION THREE HUNDRED SEVENTY-FOUR OF THIS
   11  ARTICLE.
   12    6. (A) PRIOR TO AN ORDER OF FORFEITURE  OF  FARM  ANIMALS,  A  HEARING
   13  SHALL  BE HELD WITHIN THIRTY DAYS OF CONVICTION TO DETERMINE THE PECUNI-
   14  ARY INTERESTS OF ANY OTHER PERSON IN THE FARM  ANIMALS  WHICH  WERE  THE
   15  BASIS  OF  THE  CONVICTION. WRITTEN NOTICE SHALL BE SERVED AT LEAST FIVE
   16  DAYS PRIOR TO THE HEARING UPON  ALL  INTERESTED  PERSONS.  IN  ADDITION,
   17  NOTICE  SHALL BE MADE BY PUBLICATION IN A LOCAL NEWSPAPER AT LEAST SEVEN
   18  DAYS PRIOR TO THE HEARING. FOR THE PURPOSES OF THIS SUBDIVISION,  INTER-
   19  ESTED  PERSONS SHALL MEAN ANY INDIVIDUAL, PARTNERSHIP, FIRM, JOINT STOCK
   20  COMPANY, CORPORATION, ASSOCIATION, TRUST, ESTATE, OR OTHER LEGAL  ENTITY
   21  WHO  THE  COURT  DETERMINES  MAY  HAVE  A PECUNIARY INTEREST IN THE FARM
   22  ANIMALS WHICH ARE THE SUBJECT OF THE FORFEITURE ACTION.
   23    (B) ALL INTERESTED PERSONS SHALL BE PROVIDED  AN  OPPORTUNITY  AT  THE
   24  HEARING  TO  REDEEM  THEIR  INTEREST  AS  DETERMINED BY THE COURT IN THE
   25  SUBJECT FARM ANIMALS AND TO  PURCHASE  THE  INTEREST  OF  THE  CONVICTED
   26  PERSON.  THE  CONVICTED PERSON SHALL BE ENTITLED TO BE REIMBURSED HIS OR
   27  HER INTEREST IN THE FARM ANIMALS, LESS ANY  COSTS,  FINES  OR  PENALTIES
   28  IMPOSED  BY  THE  COURT,  AS  SPECIFIED  UNDER  SUBDIVISION  TWO OF THIS
   29  SECTION. IN NO CASE SHALL THE COURT AWARD  CUSTODY  OR  CONTROL  OF  THE
   30  ANIMALS  TO ANY INTERESTED PERSON WHO CONSPIRED, AIDED OR ABETTED IN THE
   31  UNLAWFUL ACT WHICH WAS THE BASIS OF  THE  CONVICTION,  OR  WHO  KNEW  OR
   32  SHOULD HAVE KNOWN OF THE UNLAWFUL ACT.
   33    7.  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  FARM  ANIMAL  DESCRIBED IN THIS SECTION. THIS SECTION EXPRESSLY DOES NOT
   36  IMPAIR OR SUBORDINATE THE RIGHTS OF SUCH A SECURED LENDER HAVING A SECU-
   37  RITY INTEREST IN FARM ANIMALS OR IN THE PROCEEDS FROM THE SALE  OF  SUCH
   38  FARM ANIMALS.
   39    S  9.  The  penal  law  is  amended by adding a new title Q to read as
   40  follows:
   41                                   TITLE Q
   42                          OFFENSES AGAINST ANIMALS
   43                                 ARTICLE 280
   44                          OFFENSES AGAINST ANIMALS
   45  SECTION 280.00 DEFINITIONS.
   46          280.05 PROMOTING ANIMAL FIGHTING IN THE SECOND DEGREE.
   47          280.10 PROMOTING ANIMAL FIGHTING IN THE FIRST DEGREE.
   48          280.20 ANIMAL CRUELTY IN THE SECOND DEGREE.
   49          280.25 ANIMAL CRUELTY IN THE FIRST DEGREE.
   50          280.30 UNLAWFUL DEALING WITH ANIMALS USED FOR RACING,  BREEDING,
   51                   OR COMPETITIVE EXHIBITION OF SKILL, BREED OR STAMINA.
   52          280.35 ENDANGERING THE WELFARE OF ANIMALS.
   53          280.40 ANIMAL ABDUCTION IN THE THIRD DEGREE.
   54          280.45 ANIMAL ABDUCTION IN THE SECOND DEGREE.
   55          280.50 ANIMAL ABDUCTION IN THE FIRST DEGREE.
       A. 775                              7
    1          280.55 UNAUTHORIZED POSSESSION OF ANIMAL PRESUMPTIVE EVIDENCE OF
    2                   RESTRAINT AND ABDUCTION.
    3          280.60 APPROPRIATE SHELTER FOR DOGS LEFT OUTDOORS.
    4          280.65 CONFINEMENT  OF  COMPANION  ANIMALS  IN VEHICLES; EXTREME
    5                   TEMPERATURES.
    6          280.70 LEAVING NEW YORK STATE TO AVOID PROVISIONS OF THIS  ARTI-
    7                   CLE.
    8          280.75 EVIDENTIARY  AND IMPOUNDMENT PROCEDURES BY MEMBERS OF LAW
    9                   ENFORCEMENT.
   10          280.80 SPECIAL SENTENCING PROVISIONS APPLICABLE.
   11  S 280.00 DEFINITIONS.
   12    THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS ARTICLE:
   13    1. "ANIMAL" INCLUDES EVERY LIVING CREATURE EXCEPT A HUMAN BEING.
   14    2. "CRUELTY" INCLUDES EVERY ACT, OMISSION, OR NEGLECT, WHEREBY  UNJUS-
   15  TIFIABLE  PHYSICAL  PAIN,  SUFFERING OR DEATH IS CAUSED OR PERMITTED AND
   16  SHALL INCLUDE BUT NOT BE LIMITED TO, ANY ACT OF  OVERDRIVING,  OVERLOAD-
   17  ING, INJURING, MAIMING, MUTILATING, OR KILLING AN ANIMAL.
   18    3.  "AGGRAVATED  CRUELTY" SHALL MEAN AN ACT OF CRUELTY THAT IS DONE OR
   19  CARRIED OUT IN A DEPRAVED OR SADISTIC MANNER.
   20    4. "TORTURE" MEANS CONDUCT THAT IS INTENDED TO CAUSE EXTREME PAIN.
   21    5. "ADOPTION" MEANS THE DELIVERY OF ANY ANIMAL, SEIZED OR SURRENDERED,
   22  TO ANY NATURAL PERSON EIGHTEEN YEARS OF AGE OR OLDER,  FOR  THE  LIMITED
   23  PURPOSE OF HARBORING SUCH ANIMAL AS A PET.
   24    6.  "FARM  ANIMAL"  MEANS  ANY  UNGULATE,  POULTRY, SPECIES OF CATTLE,
   25  SHEEP, SWINE, GOATS, LLAMAS, HORSES OR FUR-BEARING ANIMALS,  AS  DEFINED
   26  IN  SECTION  11-1907  OF  THE  ENVIRONMENTAL CONSERVATION LAW, WHICH ARE
   27  RAISED FOR COMMERCIAL  OR  SUBSISTENCE  PURPOSES.  "FUR-BEARING  ANIMAL"
   28  SHALL NOT INCLUDE DOGS OR CATS.
   29    7.  "COMPANION  ANIMAL"  OR "PET" MEANS ANY DOG OR CAT, AND SHALL ALSO
   30  MEAN ANY OTHER DOMESTICATED ANIMAL NORMALLY MAINTAINED IN  OR  NEAR  THE
   31  HOUSEHOLD  OF  THE OWNER OR PERSON WHO CARES FOR SUCH OTHER DOMESTICATED
   32  ANIMAL. "COMPANION ANIMAL" OR "PET" SHALL NOT INCLUDE A "FARM ANIMAL" AS
   33  DEFINED IN THIS SECTION.
   34    8. "ANIMAL FIGHTING" SHALL MEAN  ANY  FIGHT  BETWEEN  COCKS  OR  OTHER
   35  BIRDS,  OR  BETWEEN  DOGS, BULLS, BEARS OR ANY OTHER ANIMALS, OR BETWEEN
   36  ANY SUCH ANIMAL AND A PERSON OR PERSONS, EXCEPT IN EXHIBITIONS OF A KIND
   37  COMMONLY FEATURED AT RODEOS.
   38    9. "ABANDONS" MEANS ANY ACTION TAKEN THAT REFLECTS  WILLFUL  DEPARTURE
   39  FROM  THE  OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR CUSTODY OF AN
   40  ANIMAL, WITHOUT MAKING ADEQUATE PROVISIONS FOR THE ANIMAL'S FUTURE CARE.
   41    10. "RESTRAIN" MEANS TO RESTRICT AN ANIMAL'S  MOVEMENTS  INTENTIONALLY
   42  AND  UNLAWFULLY  IN  SUCH  MANNER AS TO INTERFERE SUBSTANTIALLY WITH ITS
   43  LIBERTY BY MOVING IT FROM ONE PLACE  TO  ANOTHER,  OR  BY  CONFINING  IT
   44  EITHER  IN  THE  PLACE  WHERE THE RESTRICTION COMMENCES OR IN A PLACE TO
   45  WHICH IT HAS BEEN MOVED, WITH KNOWLEDGE THAT THE RESTRICTION  IS  UNLAW-
   46  FUL.
   47    11.  "ABDUCT"  MEANS  TO RESTRAIN AN ANIMAL WITH INTENT TO PREVENT ITS
   48  LIBERATION BY SECRETING OR HOLDING IT IN A PLACE WHERE IT IS NOT  LIKELY
   49  TO BE FOUND.
   50  S 280.05 PROMOTING ANIMAL FIGHTING IN THE SECOND DEGREE.
   51    A  PERSON  IS GUILTY OF PROMOTING ANIMAL FIGHTING IN THE SECOND DEGREE
   52  WHEN SUCH PERSON:
   53   1. OWNS, POSSESSES, OR KEEPS ANY ANIMAL UNDER ANY CIRCUMSTANCE EVINCING
   54  AN INTENT THAT SUCH ANIMAL ENGAGE IN ANIMAL FIGHTING; OR
       A. 775                              8
    1    2. PAYS AN ADMISSION FEE, MAKES A WAGER, OR IS  OTHERWISE  PRESENT  AT
    2  ANY PLACE WHERE AN EXHIBITION OF ANIMAL FIGHTING IS BEING CONDUCTED, AND
    3  SUCH PERSON HAS KNOWLEDGE THAT SUCH AN EXHIBITION IS BEING CONDUCTED.
    4    PROMOTING  ANIMAL FIGHTING IN THE SECOND DEGREE IS A CLASS A MISDEMEA-
    5  NOR.
    6  S 280.10 PROMOTING ANIMAL FIGHTING IN THE FIRST DEGREE.
    7    A PERSON IS GUILTY OF PROMOTING ANIMAL FIGHTING IN  THE  FIRST  DEGREE
    8  WHEN SUCH PERSON:
    9    1. INTENTIONALLY CAUSES AN ANIMAL TO ENGAGE IN ANIMAL FIGHTING; OR
   10    2.  TRAINS  AN ANIMAL UNDER CIRCUMSTANCES EVINCING AN INTENT THAT SUCH
   11  ANIMAL ENGAGE IN ANIMAL FIGHTING; OR
   12    3. BREEDS, TRANSFERS, SELLS OR OFFERS FOR SALE AN ANIMAL UNDER CIRCUM-
   13  STANCES EVINCING AN INTENT THAT SUCH ANIMAL ENGAGE IN  ANIMAL  FIGHTING;
   14  OR
   15    4.  PERMITS ANY ACT DESCRIBED IN SUBDIVISION ONE, TWO OR THREE OF THIS
   16  SECTION TO OCCUR ON PREMISES UNDER HIS OR HER CONTROL; OR
   17    5. OWNS, POSSESSES OR KEEPS ANY ANIMAL ON PREMISES WHERE AN EXHIBITION
   18  OF ANIMAL FIGHTING IS BEING CONDUCTED UNDER  CIRCUMSTANCES  EVINCING  AN
   19  INTENT THAT SUCH ANIMAL ENGAGE IN ANIMAL FIGHTING.
   20    PROMOTING ANIMAL FIGHTING IN THE FIRST DEGREE IS A CLASS D FELONY.
   21  S 280.20 ANIMAL CRUELTY IN THE SECOND DEGREE.
   22    A PERSON IS GUILTY OF ANIMAL CRUELTY IN THE SECOND DEGREE WHEN:
   23    1.  HAVING  OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR CUSTODY OF
   24  AN ANIMAL, HE OR SHE DEPRIVES SUCH ANIMAL OF,  OR  NEGLECTS  TO  FURNISH
   25  SUCH  ANIMAL  WITH,  NUTRITION,  HYDRATION,  VETERINARY CARE, OR SHELTER
   26  ADEQUATE TO  MAINTAIN  THE  ANIMAL'S  HEALTH  AND  COMFORT,  OR  CAUSES,
   27  PROCURES, OR PERMITS SUCH ANIMAL TO BE DEPRIVED OF NUTRITION, HYDRATION,
   28  VETERINARY CARE, OR SHELTER ADEQUATE TO MAINTAIN THE ANIMAL'S HEALTH AND
   29  COMFORT,  AND HE OR SHE KNOWS OR REASONABLY SHOULD KNOW THAT SUCH ANIMAL
   30  IS NOT RECEIVING ADEQUATE  NUTRITION,  HYDRATION,  VETERINARY  CARE,  OR
   31  SHELTER ADEQUATE TO MAINTAIN THE ANIMAL'S HEALTH AND COMFORT; OR
   32    2.  HAVING  OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR CUSTODY OF
   33  AN ANIMAL, HE OR SHE ABANDONS SUCH ANIMAL; OR
   34    3. HAVING NO JUSTIFIABLE PURPOSE,  HE  OR  SHE  KNOWINGLY  INSTIGATES,
   35  ENGAGES  IN,  OR  IN  ANY  WAY FURTHERS CRUELTY TO AN ANIMAL, OR ANY ACT
   36  TENDING TO PRODUCE SUCH CRUELTY; OR
   37    4. HAVING NO JUSTIFIABLE PURPOSE, HE OR SHE ADMINISTERS OR EXPOSES ANY
   38  POISONOUS OR NOXIOUS DRUG OR SUBSTANCE TO AN ANIMAL,  WITH  INTENT  THAT
   39  THE ANIMAL TAKE THE SAME AND WITH INTENT TO INJURE THE ANIMAL.
   40    NOTHING  HEREIN  CONTAINED SHALL BE CONSTRUED TO PROHIBIT OR INTERFERE
   41  WITH ANY PROPERLY CONDUCTED SCIENTIFIC TESTS, EXPERIMENTS,  OR  INVESTI-
   42  GATIONS  INVOLVING  THE USE OF LIVING ANIMALS, PERFORMED OR CONDUCTED IN
   43  LABORATORIES OR INSTITUTIONS, WHICH ARE APPROVED FOR THESE  PURPOSES  BY
   44  THE  COMMISSIONER  OF HEALTH. THE COMMISSIONER OF HEALTH SHALL PRESCRIBE
   45  THE RULES UNDER WHICH SUCH APPROVALS SHALL BE GRANTED, INCLUDING THEREIN
   46  STANDARDS REGARDING THE CARE AND TREATMENT OF  ANY  SUCH  ANIMALS.  SUCH
   47  RULES SHALL BE PUBLISHED AND COPIES THEREOF CONSPICUOUSLY POSTED IN EACH
   48  SUCH LABORATORY OR INSTITUTION. THE COMMISSIONER OF HEALTH OR HIS OR HER
   49  DULY  AUTHORIZED  REPRESENTATIVE  SHALL  HAVE  THE POWER TO INSPECT SUCH
   50  LABORATORIES OR INSTITUTIONS TO INSURE COMPLIANCE WITH  SUCH  RULES  AND
   51  STANDARDS.  EACH SUCH APPROVAL MAY BE REVOKED AT ANY TIME FOR FAILURE TO
   52  COMPLY WITH SUCH RULES AND IN ANY CASE THE APPROVAL SHALL BE LIMITED  TO
   53  A PERIOD NOT EXCEEDING ONE YEAR.
   54    ANIMAL CRUELTY IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR.
   55  S 280.25 ANIMAL CRUELTY IN THE FIRST DEGREE.
   56    A PERSON IS GUILTY OF ANIMAL CRUELTY IN THE FIRST DEGREE WHEN:
       A. 775                              9
    1    1. HAVING NO JUSTIFIABLE PURPOSE AND WITH INTENT TO CAUSE THE DEATH OF
    2  A COMPANION ANIMAL, HE OR SHE CAUSES THE DEATH OF SUCH ANIMAL; OR
    3    2.  HAVING  NO  JUSTIFIABLE  PURPOSE  AND WITH INTENT TO CAUSE SERIOUS
    4  PHYSICAL INJURY TO A COMPANION ANIMAL, HE OR SHE CAUSES SUCH  INJURY  TO
    5  SUCH ANIMAL; OR
    6    3.  HAVING NO JUSTIFIABLE PURPOSE, HE OR SHE INTENTIONALLY TORTURES AN
    7  ANIMAL OR KNOWINGLY INSTIGATES, ENGAGES  IN,  OR  IN  ANY  WAY  FURTHERS
    8  AGGRAVATED  CRUELTY  TO  AN  ANIMAL,  OR ANY ACT TENDING TO PRODUCE SUCH
    9  AGGRAVATED CRUELTY; OR
   10    4. COMMITS THE CRIME  OF  ANIMAL  CRUELTY  IN  THE  SECOND  DEGREE  IN
   11  VIOLATION  OF  SUBDIVISION  FOUR  OF SECTION 280.20 AND SUCH ANIMAL IS A
   12  HORSE, MULE, OR DOMESTIC CATTLE; OR
   13    5. COMMITS THE CRIME  OF  ANIMAL  CRUELTY  IN  THE  SECOND  DEGREE  IN
   14  VIOLATION  OF  SECTION  280.20  OF  THIS ARTICLE AND HAS PREVIOUSLY BEEN
   15  CONVICTED, WITHIN THE PRECEDING TEN YEARS,  OF  ANIMAL  CRUELTY  IN  THE
   16  SECOND DEGREE.
   17    NOTHING  CONTAINED  IN  THIS SECTION SHALL BE CONSTRUED TO PROHIBIT OR
   18  INTERFERE IN ANY WAY WITH ANYONE LAWFULLY ENGAGED IN HUNTING,  TRAPPING,
   19  OR FISHING, AS PROVIDED IN ARTICLE ELEVEN OF THE ENVIRONMENTAL CONSERVA-
   20  TION  LAW,  THE  DISPATCH  OF  RABID OR DISEASED ANIMALS, AS PROVIDED IN
   21  ARTICLE TWENTY-ONE OF THE PUBLIC HEALTH LAW, OR THE DISPATCH OF  ANIMALS
   22  POSING  A  THREAT TO HUMAN SAFETY OR OTHER ANIMALS, WHERE SUCH ACTION IS
   23  OTHERWISE LEGALLY  AUTHORIZED,  OR  ANY  PROPERLY  CONDUCTED  SCIENTIFIC
   24  TESTS,  EXPERIMENTS,  OR  INVESTIGATIONS  INVOLVING  THE  USE  OF LIVING
   25  ANIMALS, PERFORMED OR CONDUCTED IN LABORATORIES OR INSTITUTIONS APPROVED
   26  FOR SUCH PURPOSES BY THE COMMISSIONER  OF  HEALTH  PURSUANT  TO  SECTION
   27  280.20 OF THIS ARTICLE.
   28    ANIMAL CRUELTY IN THE FIRST DEGREE IS A CLASS D FELONY.
   29  S 280.30 UNLAWFUL DEALING  WITH  ANIMALS  USED  FOR RACING, BREEDING, OR
   30             COMPETITIVE EXHIBITION OF SKILL, BREED OR STAMINA.
   31    A PERSON IS GUILTY OF UNLAWFUL DEALING WITH ANIMALS USED  FOR  RACING,
   32  BREEDING,  OR  COMPETITIVE  EXHIBITION  OF SKILL, BREED, OR STAMINA WHEN
   33  SUCH PERSON:
   34    1. COMMITS THE CRIME  OF  ANIMAL  CRUELTY  IN  THE  SECOND  DEGREE  IN
   35  VIOLATION  OF  SECTION  280.20  OF  THIS  ARTICLE, AND SUCH ANIMAL IS AN
   36  ANIMAL USED FOR THE PURPOSES OF RACING, BREEDING OR COMPETITIVE  EXHIBI-
   37  TION OF SKILL, BREED, OR STAMINA; OR
   38    2. INTERFERES WITH, INJURES, DESTROYS, OR TAMPERS WITH ANY ANIMAL USED
   39  FOR  THE  PURPOSES  OF  RACING,  BREEDING,  OR COMPETITIVE EXHIBITION OF
   40  SKILL, BREED, OR STAMINA.
   41    UNLAWFUL DEALING WITH ANIMALS USED FOR RACING, BREEDING OR COMPETITIVE
   42  EXHIBITION OF SKILL, BREED OR STAMINA IS A CLASS E FELONY.
   43  S 280.35 ENDANGERING THE WELFARE OF ANIMALS.
   44    A PERSON IS GUILTY OF ENDANGERING THE WELFARE OF  ANIMALS  WHEN,  WITH
   45  THE  INTENT  TO CAUSE INJURY TO AN ANIMAL, OR RECKLESSLY CREATING A RISK
   46  THEREOF, SUCH PERSON:
   47    1. CREATES A HAZARDOUS  OR  PHYSICALLY  OFFENSIVE  CONDITION  FOR  ANY
   48  ANIMAL BY ANY ACT THAT SERVES NO LEGITIMATE PURPOSE; OR
   49    2.  THROWS, DROPS OR PLACES, OR CAUSES TO BE THROWN, DROPPED OR PLACED
   50  IN A PUBLIC PLACE, A SUBSTANCE THAT MIGHT WOUND, DISABLE, OR INJURE  ANY
   51  ANIMAL.
   52    ENDANGERING THE WELFARE OF ANIMALS IS A VIOLATION.
   53  S 280.40 ANIMAL ABDUCTION IN THE THIRD DEGREE.
   54    A  PERSON  IS GUILTY OF ANIMAL ABDUCTION IN THE THIRD DEGREE WHEN SUCH
   55  PERSON RESTRAINS A COMPANION ANIMAL WITHOUT THE CONSENT OF THE  INDIVID-
       A. 775                             10
    1  UAL  HAVING OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR CUSTODY OVER
    2  SAID COMPANION ANIMAL.
    3    ANIMAL ABDUCTION IN THE THIRD DEGREE IS A CLASS B MISDEMEANOR.
    4  S 280.45 ANIMAL ABDUCTION IN THE SECOND DEGREE.
    5    A  PERSON IS GUILTY OF ANIMAL ABDUCTION IN THE SECOND DEGREE WHEN SUCH
    6  PERSON ABDUCTS A COMPANION ANIMAL WITHOUT THE CONSENT OF THE  INDIVIDUAL
    7  HAVING OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR CUSTODY OVER SAID
    8  COMPANION ANIMAL.
    9    ANIMAL ABDUCTION IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR.
   10  S 280.50 ANIMAL ABDUCTION IN THE FIRST DEGREE.
   11    A  PERSON  IS GUILTY OF ANIMAL ABDUCTION IN THE FIRST DEGREE WHEN SUCH
   12  PERSON ABDUCTS OR RESTRAINS A COMPANION ANIMAL WITHOUT  THE  CONSENT  OF
   13  THE  INDIVIDUAL  HAVING  OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR
   14  CUSTODY OVER SAID COMPANION ANIMAL, AND WHEN:
   15    1. SUCH PERSON'S INTENT IS TO COMPEL THE  PAYMENT  OR  DELIVERANCE  OF
   16  MONEY  OR  PROPERTY AS RANSOM, OR TO ENGAGE IN OTHER PARTICULAR CONDUCT,
   17  OR TO REFRAIN FROM ENGAGING IN PARTICULAR CONDUCT; OR
   18    2. SUCH PERSON CAUSES PHYSICAL INJURY TO THE COMPANION ANIMAL; OR
   19    3. THE COMPANION ANIMAL DIES DURING THE ABDUCTION OR BEFORE IT IS ABLE
   20  TO RETURN OR BE RETURNED TO SAFETY. SUCH DEATH SHALL  BE  PRESUMED  FROM
   21  EVIDENCE   THAT  THE  INDIVIDUAL  HAVING  OWNERSHIP,  POSSESSION,  CARE,
   22  CONTROL, CHARGE OR CUSTODY OVER SAID COMPANION ANIMAL DID  NOT  SEE  THE
   23  ANIMAL FOLLOWING THE TERMINATION OF THE ABDUCTION AND PRIOR TO TRIAL AND
   24  RECEIVED  NO  RELIABLE INFORMATION DURING SUCH PERIOD PERSUASIVELY INDI-
   25  CATING THAT SUCH ANIMAL WAS ALIVE.
   26    ANIMAL ABDUCTION IN THE FIRST DEGREE IS A CLASS D FELONY.
   27  S 280.55 UNAUTHORIZED  POSSESSION  OF  ANIMAL  PRESUMPTIVE  EVIDENCE  OF
   28             RESTRAINT AND ABDUCTION.
   29    THE  UNAUTHORIZED POSSESSION OF A COMPANION ANIMAL BY ANY PERSON WITH-
   30  OUT THE CONSENT OF THE INDIVIDUAL HAVING  OWNERSHIP,  POSSESSION,  CARE,
   31  CONTROL,  CHARGE  OR  CUSTODY  OVER  SAID COMPANION ANIMAL, FOR A PERIOD
   32  EXCEEDING TEN DAYS, WITHOUT NOTIFYING EITHER SAID INDIVIDUAL, THE  LOCAL
   33  POLICE  AUTHORITIES,  THE LOCAL MUNICIPAL SHELTER OR POUND OR THE OFFICE
   34  OF THE SUPERINTENDENT OF THE STATE POLICE LOCATED IN ALBANY,  NEW  YORK,
   35  OF  SUCH  POSSESSION,  SHALL  BE  PRESUMPTIVE  EVIDENCE OF RESTRAINT AND
   36  ABDUCTION.
   37  S 280.60 APPROPRIATE SHELTER FOR DOGS LEFT OUTDOORS.
   38    1. FOR PURPOSES OF THIS SECTION:
   39    (A) "PHYSICAL CONDITION" SHALL INCLUDE ANY SPECIAL MEDICAL NEEDS OF  A
   40  DOG  DUE TO DISEASE, ILLNESS, INJURY, AGE OR BREED ABOUT WHICH THE OWNER
   41  OR PERSON WITH CUSTODY OR CONTROL OF THE DOG SHOULD REASONABLY BE AWARE.
   42    (B) "INCLEMENT WEATHER" SHALL MEAN WEATHER CONDITIONS THAT ARE  LIKELY
   43  TO  ADVERSELY  AFFECT THE HEALTH OR SAFETY OF THE DOG, INCLUDING BUT NOT
   44  LIMITED TO RAIN, SLEET, ICE, SNOW, WIND, OR EXTREME HEAT AND COLD.
   45    (C) "DOGS THAT ARE LEFT OUTDOORS" SHALL MEAN DOGS THAT ARE OUTDOORS IN
   46  INCLEMENT WEATHER WITHOUT READY ACCESS TO, OR THE ABILITY  TO  ENTER,  A
   47  HOUSE,  APARTMENT  BUILDING,  OFFICE  BUILDING,  OR  ANY OTHER PERMANENT
   48  STRUCTURE THAT COMPLIES WITH THE STANDARDS ENUMERATED IN  PARAGRAPH  (B)
   49  OF SUBDIVISION THREE OF THIS SECTION.
   50    2.  (A) ANY PERSON WHO OWNS OR HAS CUSTODY OR CONTROL OF A DOG THAT IS
   51  LEFT OUTDOORS SHALL PROVIDE IT WITH SHELTER APPROPRIATE  TO  ITS  BREED,
   52  PHYSICAL  CONDITION  AND  CLIMATE. ANY PERSON WHO KNOWINGLY VIOLATES THE
   53  PROVISIONS OF THIS SECTION SHALL BE GUILTY OF A VIOLATION, PUNISHABLE BY
   54  A FINE OF NOT LESS THAN FIFTY DOLLARS NOR MORE THAN ONE HUNDRED  DOLLARS
   55  FOR A FIRST OFFENSE, AND A FINE OF NOT LESS THAN ONE HUNDRED DOLLARS NOR
   56  MORE THAN TWO HUNDRED FIFTY DOLLARS FOR A SECOND AND SUBSEQUENT OFFENSE.
       A. 775                             11
    1  BEGINNING  SEVENTY-TWO  HOURS  AFTER A CHARGE OF VIOLATING THIS SECTION,
    2  EACH DAY THAT A DEFENDANT FAILS TO CORRECT THE DEFICIENCIES IN  THE  DOG
    3  SHELTER  FOR  A DOG THAT HE OR SHE OWNS OR THAT IS IN HIS OR HER CUSTODY
    4  OR  CONTROL AND THAT IS LEFT OUTDOORS, SO AS TO BRING IT INTO COMPLIANCE
    5  WITH THE PROVISIONS OF THIS SECTION SHALL CONSTITUTE A SEPARATE OFFENSE.
    6    (B) THE COURT MAY, IN ITS DISCRETION, REDUCE THE AMOUNT  OF  ANY  FINE
    7  IMPOSED  FOR A VIOLATION OF THIS SECTION BY THE AMOUNT WHICH THE DEFEND-
    8  ANT PROVES HE OR SHE HAS SPENT PROVIDING A DOG SHELTER OR  REPAIRING  AN
    9  EXISTING  DOG  SHELTER SO THAT IT COMPLIES WITH THE REQUIREMENTS OF THIS
   10  SECTION. NOTHING IN THIS PARAGRAPH SHALL PREVENT THE SEIZURE  OF  A  DOG
   11  FOR  A  VIOLATION  OF  THIS SECTION PURSUANT TO THE AUTHORITY GRANTED IN
   12  THIS ARTICLE.
   13    3. MINIMUM STANDARDS FOR DETERMINING WHETHER SHELTER IS APPROPRIATE TO
   14  A DOG'S BREED, PHYSICAL CONDITION AND THE CLIMATE SHALL INCLUDE:
   15    (A) FOR DOGS THAT ARE RESTRAINED IN  ANY  MANNER  OUTDOORS,  SHADE  BY
   16  NATURAL  OR  ARTIFICIAL MEANS TO PROTECT THE DOG FROM DIRECT SUNLIGHT AT
   17  ALL TIMES WHEN EXPOSURE TO SUNLIGHT IS LIKELY TO THREATEN THE HEALTH  OF
   18  THE DOG.
   19    (B)  FOR ALL DOGS THAT ARE LEFT OUTDOORS IN INCLEMENT WEATHER, A HOUS-
   20  ING FACILITY, WHICH MUST: (1) HAVE A  WATERPROOF  ROOF;  (2)  BE  STRUC-
   21  TURALLY  SOUND  WITH INSULATION APPROPRIATE TO LOCAL CLIMATIC CONDITIONS
   22  AND SUFFICIENT TO  PROTECT  THE  DOG  FROM  INCLEMENT  WEATHER;  (3)  BE
   23  CONSTRUCTED  TO  ALLOW  EACH  DOG  ADEQUATE  FREEDOM OF MOVEMENT TO MAKE
   24  NORMAL POSTURAL ADJUSTMENTS, INCLUDING THE ABILITY  TO  STAND  UP,  TURN
   25  AROUND  AND  LIE  DOWN  WITH  ITS  LIMBS OUTSTRETCHED; AND (4) ALLOW FOR
   26  EFFECTIVE REMOVAL OF EXCRETIONS, OTHER WASTE MATERIAL, DIRT  AND  TRASH.
   27  THE  HOUSING  FACILITY  AND THE AREA IMMEDIATELY SURROUNDING IT SHALL BE
   28  REGULARLY CLEANED TO MAINTAIN A HEALTHY AND SANITARY ENVIRONMENT AND  TO
   29  MINIMIZE HEALTH HAZARDS.
   30    4.  INADEQUATE SHELTER MAY BE INDICATED BY THE APPEARANCE OF THE HOUS-
   31  ING FACILITY ITSELF, INCLUDING BUT  NOT  LIMITED  TO,  SIZE,  STRUCTURAL
   32  SOUNDNESS,  EVIDENCE  OF CROWDING WITHIN THE HOUSING FACILITY, HEALTHFUL
   33  ENVIRONMENT IN THE AREA IMMEDIATELY SURROUNDING SUCH FACILITY, OR BY THE
   34  APPEARANCE OR PHYSICAL CONDITION OF THE DOG.
   35    5. UPON A FINDING OF ANY VIOLATION OF THIS SECTION, ANY  DOG  OR  DOGS
   36  SEIZED  PURSUANT  TO  THE  PROVISIONS OF THIS ARTICLE THAT HAVE NOT BEEN
   37  VOLUNTARILY SURRENDERED BY THE OWNER OR CUSTODIAN OR FORFEITED  PURSUANT
   38  TO  COURT  ORDER  SHALL  BE RETURNED TO THE OWNER OR CUSTODIAN ONLY UPON
   39  PROOF THAT APPROPRIATE SHELTER AS REQUIRED  BY  THIS  SECTION  IS  BEING
   40  PROVIDED.
   41    6.   NOTHING  IN  THIS  SECTION  SHALL  BE  CONSTRUED  TO  AFFECT  ANY
   42  PROTECTIONS AFFORDED TO DOGS OR OTHER ANIMALS UNDER ANY OTHER PROVISIONS
   43  OF THIS ARTICLE.
   44  S 280.65 CONFINEMENT OF COMPANION ANIMALS IN VEHICLES;  EXTREME  TEMPER-
   45             ATURES.
   46    1. A PERSON SHALL NOT CONFINE A COMPANION ANIMAL IN A MOTOR VEHICLE IN
   47  EXTREME HEAT OR COLD WITHOUT PROPER VENTILATION OR OTHER PROTECTION FROM
   48  SUCH  EXTREME  TEMPERATURES  WHERE SUCH CONFINEMENT PLACES THE COMPANION
   49  ANIMAL IN IMMINENT DANGER OF DEATH OR SERIOUS  PHYSICAL  INJURY  DUE  TO
   50  EXPOSURE TO SUCH EXTREME HEAT OR COLD.
   51    2.  WHERE THE OPERATOR OF SUCH A VEHICLE CANNOT BE PROMPTLY LOCATED, A
   52  POLICE OFFICER, PEACE OFFICER, OR PEACE OFFICER ACTING AS AN AGENT OF  A
   53  DULY  INCORPORATED HUMANE SOCIETY MAY TAKE NECESSARY STEPS TO REMOVE THE
   54  ANIMAL OR ANIMALS FROM THE VEHICLE.
   55    3. POLICE OFFICERS, PEACE OFFICERS OR PEACE OFFICERS ACTING AS  AGENTS
   56  OF A DULY INCORPORATED HUMANE SOCIETY REMOVING AN ANIMAL OR ANIMALS FROM
       A. 775                             12
    1  A VEHICLE PURSUANT TO THIS SECTION SHALL PLACE A WRITTEN NOTICE ON OR IN
    2  THE  VEHICLE,  BEARING THE NAME OF THE OFFICER OR AGENT, AND THE DEPART-
    3  MENT OR AGENCY AND ADDRESS WHERE THE ANIMAL OR ANIMALS WILL BE TAKEN.
    4    4.  AN  ANIMAL  OR  ANIMALS  REMOVED  FROM  A VEHICLE PURSUANT TO THIS
    5  SECTION SHALL, AFTER  RECEIPT  OF  ANY  NECESSARY  EMERGENCY  VETERINARY
    6  TREATMENT, BE DELIVERED TO THE DULY INCORPORATED HUMANE SOCIETY OR SOCI-
    7  ETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, OR DESIGNATED AGENT THERE-
    8  OF, IN THE JURISDICTION WHERE THE ANIMAL OR ANIMALS WERE SEIZED.
    9    5. ANY PERSON WHO KNOWINGLY VIOLATES THE PROVISIONS OF SUBDIVISION ONE
   10  OF  THIS SECTION SHALL BE GUILTY OF A VIOLATION, PUNISHABLE BY A FINE OF
   11  NOT LESS THAN FIFTY DOLLARS NOR MORE THAN  ONE  HUNDRED  DOLLARS  FOR  A
   12  FIRST  OFFENSE, AND A FINE OF NOT LESS THAN ONE HUNDRED DOLLARS NOR MORE
   13  THAN TWO HUNDRED FIFTY DOLLARS FOR A SECOND AND SUBSEQUENT OFFENSES.
   14    6. OFFICERS SHALL NOT BE HELD CRIMINALLY OR CIVILLY LIABLE FOR ACTIONS
   15  TAKEN REASONABLY AND IN GOOD FAITH IN CARRYING  OUT  THE  PROVISIONS  OF
   16  THIS SECTION.
   17    7.  NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO AFFECT ANY
   18  OTHER  PROTECTIONS  AFFORDED  TO  COMPANION  ANIMALS  UNDER  ANY   OTHER
   19  PROVISIONS OF THIS ARTICLE.
   20  S 280.70 LEAVING NEW YORK STATE TO AVOID PROVISIONS OF THIS ARTICLE.
   21    A  PERSON  WHO  LEAVES  THIS  STATE  WITH  INTENT  TO ELUDE ANY OF THE
   22  PROVISIONS OF THIS ARTICLE OR TO COMMIT ANY ACT OUT OF THIS STATE  WHICH
   23  IS  PROHIBITED  BY THEM OR WHO, BEING A RESIDENT OF THIS STATE, DOES ANY
   24  ACT WITHOUT THIS STATE, PURSUANT TO SUCH INTENT, WHICH WOULD BE PUNISHA-
   25  BLE UNDER SUCH PROVISIONS, IF COMMITTED WITHIN THIS STATE, IS PUNISHABLE
   26  IN THE SAME MANNER AS IF SUCH ACT HAD BEEN COMMITTED WITHIN THIS STATE.
   27  S 280.75 EVIDENTIARY  AND  IMPOUNDMENT  PROCEDURES  BY  MEMBERS  OF  LAW
   28             ENFORCEMENT.
   29    MATTERS  RELATING  TO  THE  SEIZURE,  ADOPTION,  CARE, DISPOSITION AND
   30  DESTRUCTION OF ANIMALS BY MEMBERS OF LAW ENFORCEMENT AND  MEMBERS  OF  A
   31  DULY  INCORPORATED  SOCIETY  FOR  THE  PREVENTION  OF CRUELTY TO ANIMALS
   32  CHARGED TO ENFORCE THIS ARTICLE, ANCILLARY TO SUCH ENFORCEMENT  OF  THIS
   33  ARTICLE,  SHALL BE GOVERNED BY ARTICLE TWENTY-SIX OF THE AGRICULTURE AND
   34  MARKETS LAW AND ARTICLE SIX HUNDRED NINETY  OF  THE  CRIMINAL  PROCEDURE
   35  LAW.
   36  S 280.80 SPECIAL SENTENCING PROVISIONS APPLICABLE.
   37    IN  ADDITION  TO  ANY  OTHER  PENALTY  PROVIDED BY LAW, THE SENTENCING
   38  PROVISIONS CONTAINED IN SECTION THREE HUNDRED EIGHTY OF THE  AGRICULTURE
   39  AND MARKETS LAW SHALL BE APPLICABLE TO VIOLATIONS OF THIS ARTICLE.
   40    S  10.  The penal law is amended by adding a new section 60.22 to read
   41  as follows:
   42  S 60.22 AUTHORIZED DISPOSITIONS; PROMOTING ANIMAL FIGHTING.
   43    WHEN A PERSON IS CONVICTED OF AN OFFENSE DEFINED IN SECTION 280.05  OF
   44  THIS  CHAPTER,  IN  ADDITION  TO THE OTHER PENALTIES AS PROVIDED IN THIS
   45  CHAPTER, THE COURT MAY IMPOSE A FINE  WHICH  SHALL  NOT  EXCEED  FIFTEEN
   46  THOUSAND  DOLLARS.  WHEN  A PERSON IS CONVICTED OF AN OFFENSE DEFINED IN
   47  SECTION 280.10 OF THIS CHAPTER, THE COURT MAY IMPOSE A FINE WHICH  SHALL
   48  NOT EXCEED TWENTY-FIVE THOUSAND DOLLARS.
   49    S  11.  Paragraph  (c)  of subdivision 1 of section 70.02 of the penal
   50  law, as amended by chapter 405 of the laws of 2010, is amended  to  read
   51  as follows:
   52    (c)  Class  D violent felony offenses: an attempt to commit any of the
   53  class C felonies set forth in paragraph (b); reckless assault of a child
   54  as defined in section 120.02, assault in the second degree as defined in
   55  section 120.05, menacing a police officer or peace officer as defined in
   56  section 120.18, stalking in the first degree, as defined in  subdivision
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    1  one  of section 120.60, strangulation in the second degree as defined in
    2  section 121.12, rape in the second degree as defined in section  130.30,
    3  criminal  sexual  act in the second degree as defined in section 130.45,
    4  sexual abuse in the first degree as defined in section 130.65, course of
    5  sexual  conduct  against  a  child  in  the  second degree as defined in
    6  section 130.80, aggravated sexual abuse in the third degree  as  defined
    7  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
    8  substance as defined in section 130.90, criminal possession of a  weapon
    9  in  the third degree as defined in subdivision five, six, seven or eight
   10  of section 265.02, criminal sale of a firearm in  the  third  degree  as
   11  defined  in  section  265.11,  intimidating  a  victim or witness in the
   12  second degree as defined in  section  215.16,  soliciting  or  providing
   13  support  for  an  act  of  terrorism  in the second degree as defined in
   14  section 490.10, and making a terroristic threat as  defined  in  section
   15  490.20,  falsely reporting an incident in the first degree as defined in
   16  section 240.60, placing a false bomb or hazardous substance in the first
   17  degree as defined in section 240.62, placing a false bomb  or  hazardous
   18  substance  in a sports stadium or arena, mass transportation facility or
   19  enclosed shopping mall as defined in section  240.63,  [and]  aggravated
   20  unpermitted use of indoor pyrotechnics in the first degree as defined in
   21  section  405.18,  AND  ANIMAL  CRUELTY IN THE FIRST DEGREE AS DEFINED IN
   22  SUBDIVISION ONE, TWO OR THREE OF SECTION 280.25.
   23    S 12. Section 195.06 of the penal law, as added by chapter 42  of  the
   24  laws of 1986, is amended to read as follows:
   25  S 195.06 Killing or injuring a police animal.
   26    A  person  is  guilty of killing or injuring a police animal when such
   27  person intentionally kills or injures any animal while such animal is in
   28  the performance of its duties and under the supervision of a  police  or
   29  peace officer.
   30    Killing or injuring a police animal is a class [A misdemeanor] D FELO-
   31  NY.
   32    S  13. Section 195.11 of the penal law, as added by chapter 344 of the
   33  laws of 1989, is amended to read as follows:
   34  S 195.11 Harming an animal trained to aid a person with a disability  in
   35             the second degree.
   36    A person is guilty of harming an animal trained to aid a person with a
   37  disability  in  the  second degree when such person intentionally causes
   38  physical injury to such animal while it is in the performance of  aiding
   39  a person with a disability, and thereby renders such animal incapable of
   40  providing such aid to such person, or to another person with a disabili-
   41  ty.
   42    For  purposes  of this section and section 195.12 of this article, the
   43  term "disability" means "disability" as defined in  subdivision  twenty-
   44  one of section two hundred ninety-two of the executive law.
   45    Harming  an  animal  trained  to aid a person with a disability in the
   46  second degree is a class [B] A misdemeanor.
   47    S 14. Section 195.12 of the penal law, as added by chapter 344 of  the
   48  laws of 1989, is amended to read as follows:
   49  S  195.12 Harming an animal trained to aid a person with a disability in
   50             the first degree.
   51    A person is guilty of harming an animal trained to aid a person with a
   52  disability in the first degree when such person:
   53    1. intentionally causes physical injury to such animal while it is  in
   54  the  performance  of  aiding  a  person  with  a disability, and thereby
   55  renders such animal permanently incapable of providing such aid to  such
   56  person, or to another person with a disability; or
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    1    2.  intentionally  kills such animal while it is in the performance of
    2  aiding a person with a disability.
    3    Harming  an  animal  trained  to aid a person with a disability in the
    4  first degree is a class [A misdemeanor] D FELONY.
    5    S 15. Subdivision 2 of section 265.01 of the penal law, as amended  by
    6  chapter 220 of the laws of 1988, is amended to read as follows:
    7    (2)  He  OR  SHE  possesses  any dagger, dangerous knife, dirk, razor,
    8  stiletto, imitation pistol, or any other dangerous or deadly  instrument
    9  or  weapon with intent to use the same unlawfully against another PERSON
   10  OR ANIMAL; or
   11    S 16. Severability clause. If any clause, sentence, paragraph,  subdi-
   12  vision,  section  or  part of this act shall be adjudged by any court of
   13  competent jurisdiction to be invalid, such judgment  shall  not  affect,
   14  impair,  or  invalidate  the remainder thereof, but shall be confined in
   15  its operation to the clause, sentence, paragraph,  subdivision,  section
   16  or part thereof directly involved in the controversy in which such judg-
   17  ment shall have been rendered. It is hereby declared to be the intent of
   18  the  legislature  that  this  act  would  have been enacted even if such
   19  invalid provisions had not been included herein.
   20    S 17. This act shall  take  effect  on  the  first  of  November  next
   21  succeeding the date on which it shall have become a law.