S T A T E O F N E W Y O R K
________________________________________________________________________
6643
I N S E N A T E
February 21, 2014
___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when
printed to be committed to the Committee on Agriculture
AN ACT to amend the agriculture and markets law 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 SPECIFICALLY INCLUDE, BUT NOT BE LIMITED
11 TO, ANY ACT OF OVERDRIVING, OVERLOADING, INJURING, MAIMING, MUTILATING
12 OR KILLING AN 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, 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]5. "Farm animal", as used in this article, means any ungulate,
21 poultry, species of cattle, sheep, swine, goats, llamas, horses or fur-
22 bearing animals, as defined in section 11-1907 of the environmental
23 conservation law, which are raised for commercial or subsistence
24 purposes. Fur-bearing animal, AS REFERENCED IN THIS ARTICLE, shall not
25 include dogs or cats.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01445-12-4
S. 6643 2
1 [5]6. "Companion animal" or "pet" means any dog or cat, and shall also
2 mean any other domesticated animal normally maintained in or near the
3 household of the owner or person who cares for such other domesticated
4 animal. ["Pet" or "companion] "COMPANION animal" OR "PET" shall not
5 include a "farm animal" as defined in this section.
6 7. "ANIMAL CRUELTY OFFENSE" MEANS ANY VIOLATION OF THIS ARTICLE OR OF
7 ARTICLE TWO HUNDRED EIGHTY OF THE PENAL LAW, OR ANY OTHER UNLAWFUL ACT
8 BY WHICH HARM IS INTENTIONALLY, KNOWINGLY, RECKLESSLY OR NEGLIGENTLY
9 CAUSED OR PERMITTED TO OCCUR TO AN ANIMAL.
10 8. "DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO
11 ANIMALS," AS USED IN THIS ARTICLE, SHALL MEAN A CORPORATION CONSTITUTED
12 PURSUANT TO THE PROVISIONS OF SUBDIVISION (G) OF SECTION FOUR HUNDRED
13 FOUR AND SECTION FOURTEEN HUNDRED THREE OF THE NOT-FOR-PROFIT CORPO-
14 RATION LAW.
15 S 2. Sections 351, 353, 353-a, 353-b, 353-d, 355, 360, 361 and 362 of
16 the agriculture and markets law are REPEALED.
17 S 3. Section 365 of the agriculture and markets law, as amended by
18 chapter 458 of the laws of 1985, is amended to read as follows:
19 S 365. Clipping or cutting the ears of dogs. 1. Whoever clips or cuts
20 off or causes or procures another to clip or cut off the whole or any
21 part of an ear of any dog unless an anaesthetic shall have been given to
22 the dog and the operation performed by a licensed veterinarian, is guil-
23 ty of a misdemeanor, punishable by imprisonment for not more than one
24 year, or a fine of not more than one thousand dollars, or by both.
25 2. [The provisions of this section shall not apply to any dog or
26 person who is the owner or possessor of any dog whose ear or a part
27 thereof has been clipped or cut off prior to September first, nineteen
28 hundred twenty-nine.
29 3.] Each applicant for a dog license must state on such application
30 whether any ear of the dog for which he applies for such license has
31 been cut off wholly or in part.
32 [4.] 3. Nothing herein contained shall be construed as preventing any
33 dog whose ear or ears shall have been clipped or cut off wholly or in
34 part, not in violation of this section, from being imported into the
35 state exclusively for breeding purposes.
36 S 4. Section 369 of the agriculture and markets law, as amended by
37 chapter 458 of the laws of 1985, is amended to read as follows:
38 S 369. Interference with officers. Any person who shall interfere with
39 or obstruct any constable or police officer or any officer or agent of
40 any duly incorporated society for the prevention of cruelty to animals
41 in the discharge of his duty to enforce the laws relating to animals,
42 INCLUDING THOSE PROVISIONS CONTAINED IN ARTICLE TWO HUNDRED EIGHTY OF
43 THE PENAL LAW, shall be guilty of a misdemeanor, punishable by imprison-
44 ment for not more than one year, or by a fine of not more than one thou-
45 sand dollars, or by both.
46 S 5. Section 371 of the agriculture and markets law, as amended by
47 chapter 573 of the laws of 1978, is amended to read as follows:
48 S 371. Powers of peace officers. A constable or police officer must,
49 and any agent or officer of any duly incorporated society for the
50 prevention of cruelty to animals may issue an appearance ticket pursuant
51 to section 150.20 of the criminal procedure law, summon or arrest, and
52 bring before a court or magistrate having jurisdiction, any person
53 offending against any of the provisions of article twenty-six of the
54 agriculture and markets law OR ANY PROVISIONS OF ARTICLE TWO HUNDRED
55 EIGHTY OF THE PENAL LAW. Any officer or agent of any of said societies
56 may lawfully interfere to prevent the perpetration of any act of cruelty
S. 6643 3
1 upon any animal in his OR HER presence. Any of said societies may prefer
2 a complaint before any court, tribunal or magistrate having jurisdic-
3 tion, for the violation of any law relating to or affecting animals and
4 may aid in presenting the law and facts before such court, tribunal or
5 magistrate in any proceeding taken.
6 S 6. Subdivision 6 of section 373 of the agriculture and markets law,
7 as amended by chapter 256 of the laws of 1997, paragraph a and subpara-
8 graph 1 of paragraph b as amended by chapter 531 of the laws of 2013,
9 subparagraph 2 of paragraph b as amended by section 24 of part T of
10 chapter 59 of the laws of 2010, is amended to read as follows:
11 6. a. If any animal is seized [and] OR impounded pursuant to the
12 provisions of this section[, section three hundred fifty-three-d of this
13 article] or section three hundred seventy-five of this article, OR
14 PURSUANT TO THE PROVISIONS OF ARTICLE SIX HUNDRED NINETY OF THE CRIMINAL
15 PROCEDURE LAW, for any violation of this article, ANY VIOLATION OF ARTI-
16 CLE TWO HUNDRED EIGHTY OF THE PENAL LAW, OR IN CONNECTION WITH THE
17 ARREST ON AN ANIMAL CRUELTY OFFENSE, THEN, upon arraignment of charges,
18 or within a reasonable time thereafter, [the] A duly incorporated socie-
19 ty for the prevention of cruelty to animals, humane society, pound,
20 animal shelter, SHERIFF, MUNICIPAL POLICE DEPARTMENT, OR DISTRICT ATTOR-
21 NEY, or any authorized agents thereof, hereinafter referred to for the
22 purposes of this section as the "impounding organization", may file a
23 petition with the court requesting that the person from whom an animal
24 is seized or the owner of the animal be ordered to post a security. The
25 district attorney prosecuting the charges may file and obtain the
26 requested relief on behalf of the impounding organization if requested
27 to do so by the impounding organization. The security shall be in an
28 amount sufficient to secure payment for all reasonable expenses expected
29 to be incurred by the impounding organization in caring and providing
30 for the animal pending disposition of the charges. Reasonable expenses
31 shall include, but not be limited to, estimated medical care and board-
32 ing of the animal for at least thirty days. The amount of the security,
33 if any, shall be determined by the court after taking into consideration
34 all of the facts and circumstances of the case including, but not limit-
35 ed to the recommendation of the impounding organization having custody
36 and care of the seized animal and the cost of caring for the animal. If
37 a security has been posted in accordance with this section, the impound-
38 ing organization may draw from the security the actual reasonable costs
39 to 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 if the district attorney has not filed the
45 petition on behalf of the petitioner. The petitioner shall also serve a
46 true copy of the petition on any interested person. For purposes of this
47 subdivision, interested person shall mean an individual, partnership,
48 firm, joint stock company, corporation, association, trust, estate or
49 other legal entity who the court determines may have a pecuniary inter-
50 est in the animal which is the subject of the petition. The petitioner
51 or the district attorney acting on behalf of the petitioner, shall have
52 the burden of proving by a preponderance of the evidence that the person
53 from whom the animal was seized violated a provision of this article.
54 The court may waive for good cause shown the posting of security.
55 (2) If the court orders the posting of a security, the security shall
56 be posted with the clerk of the court within five business days of the
S. 6643 4
1 hearing provided for in subparagraph one of this paragraph. The court
2 may order the immediate forfeiture of the seized animal to the impound-
3 ing organization if the person ordered to post the security fails to do
4 so. Any animal forfeited shall be made available for adoption or euthan-
5 ized subject to subdivision seven-a of section one hundred seventeen of
6 this chapter or section three hundred seventy-four of this article.
7 (3) In the case of an animal other than a companion animal or pet, if
8 a person ordered to post security fails to do so, the court may, in
9 addition to the forfeiture to [a duly incorporated society for the
10 prevention of cruelty to animals, humane society, pound, animal shelter
11 or any authorized agents thereof] THE IMPOUNDING ORGANIZATION, and
12 subject to the restrictions of sections three hundred fifty-four, three
13 hundred fifty-seven and three hundred seventy-four of this article,
14 order the animal which was the basis of the order to be sold, provided
15 that all interested persons shall first be provided the opportunity to
16 redeem their interest in the animal and to purchase the interest of the
17 person ordered to post security, subject to such conditions as the court
18 deems appropriate to assure proper care and treatment of the animal. The
19 court may reimburse the person ordered to post security and any inter-
20 ested persons any money earned by the sale of the animal less any costs
21 including, but not limited to, veterinary and custodial care. Any animal
22 determined by the court to be maimed, diseased, disabled or infirm so as
23 to be unfit for sale or any useful purpose shall be forfeited to [a duly
24 incorporated society for the prevention of cruelty to animals or a duly
25 incorporated humane society] THE IMPOUNDING ORGANIZATION or authorized
26 agents thereof, and be available for adoption or shall be euthanized
27 subject to section three hundred seventy-four of this article.
28 (4) Nothing in this section shall be construed to limit or restrict in
29 any way the rights of a secured party having a security interest in any
30 animal described in this section. This section expressly does not impair
31 or subordinate the rights of such a secured lender having a security
32 interest in the animal or in the proceeds from the sale of such animal.
33 c. In no event shall the security prevent the impounding organization
34 having custody and care of the animal from disposing of the animal
35 pursuant to section three hundred seventy-four of this article prior to
36 the expiration of the thirty day period covered by the security if the
37 court makes a determination of the charges against the person from whom
38 the animal was seized prior thereto. Upon receipt of a petition from the
39 impounding organization, the court may order the person from whom the
40 animal was seized or the owner of the animal to post an additional secu-
41 rity with the clerk of the court to secure payment of reasonable
42 expenses for an additional period of time pending a determination by the
43 court of the charges against the person from whom the animal was seized.
44 The person who posted the security shall be entitled to a refund of the
45 security in whole or part for any expenses not incurred by such impound-
46 ing organization upon adjudication of the charges. The person who posted
47 the security shall be entitled to a full refund of the security, includ-
48 ing reimbursement by the impounding organization of any amount allowed
49 by the court to be expended, and the return of the animal seized and
50 impounded upon acquittal or dismissal of the charges, except where the
51 dismissal is based upon an adjournment in contemplation of dismissal
52 pursuant to section 215.30 of the criminal procedure law. The court
53 order directing such refund and reimbursement shall provide for payment
54 to be made within a reasonable time from the acquittal or dismissal of
55 charges.
S. 6643 5
1 S 7. Subdivision 8 of section 374 of the agriculture and markets law
2 is REPEALED.
3 S 8. The agriculture and markets law is amended by adding a new
4 section 380 to read as follows:
5 S 380. SPECIAL SENTENCING PROVISIONS. IN ADDITION TO ANY OTHER PENAL-
6 TY PROVIDED BY LAW, UPON CONVICTION FOR ANY ANIMAL CRUELTY OFFENSE, THE
7 FOLLOWING SENTENCES MAY BE IMPOSED BY THE COURT:
8 1. THE CONVICTED PERSON MAY, AFTER A DULY HELD HEARING PURSUANT TO
9 SUBDIVISION SIX OF THIS SECTION, BE ORDERED BY THE COURT TO FORFEIT TO
10 AN ANIMAL SHELTER, POUND, SHERIFF, MUNICIPAL POLICE DEPARTMENT, DISTRICT
11 ATTORNEY, DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO
12 ANIMALS, OR DULY INCORPORATED HUMANE SOCIETY, OR AUTHORIZED AGENTS THER-
13 EOF, THE ANIMAL OR ANIMALS WHICH ARE THE BASIS OF THE CONVICTION. UPON
14 SUCH AN ORDER OF FORFEITURE, THE CONVICTED PERSON SHALL BE DEEMED TO
15 HAVE RELINQUISHED ALL RIGHTS TO THE ANIMALS WHICH ARE THE BASIS OF THE
16 CONVICTION, EXCEPT THOSE GRANTED IN SUBDIVISION TWO OF THIS SECTION.
17 2. IN THE CASE OF FARM ANIMALS, THE COURT MAY, IN ADDITION TO THE
18 FORFEITURE TO AN ANIMAL SHELTER, POUND, SHERIFF, MUNICIPAL POLICE
19 DEPARTMENT, DISTRICT ATTORNEY, DULY INCORPORATED SOCIETY FOR THE
20 PREVENTION OF CRUELTY TO ANIMALS, OR DULY INCORPORATED HUMANE SOCIETY,
21 OR AUTHORIZED AGENTS THEREOF, AND SUBJECT TO THE RESTRICTIONS OF
22 SECTIONS THREE HUNDRED FIFTY-FOUR AND THREE HUNDRED FIFTY-SEVEN OF THIS
23 ARTICLE, ORDER THE FARM ANIMALS WHICH WERE THE BASIS OF THE CONVICTION
24 TO BE SOLD. IN NO CASE SHALL FARM ANIMALS WHICH ARE THE BASIS OF THE
25 CONVICTION BE REDEEMED BY THE CONVICTED PERSON WHO IS THE SUBJECT OF THE
26 ORDER OF FORFEITURE OR BY ANY PERSON CHARGED WITH AN ANIMAL CRUELTY
27 OFFENSE FOR CONSPIRING, AIDING, OR ABETTING IN THE UNLAWFUL ACT WHICH
28 WAS THE BASIS OF THE CONVICTION, OR OTHERWISE ACTING AS AN ACCOMPLICE,
29 IF SUCH CHARGE HAS NOT YET BEEN ADJUDICATED. THE COURT SHALL REIMBURSE
30 THE CONVICTED PERSON AND ANY DULY DETERMINED INTERESTED PERSONS, PURSU-
31 ANT TO SUBDIVISION SIX OF THIS SECTION, ANY MONEY EARNED BY THE SALE OF
32 THE FARM ANIMALS LESS ANY COSTS INCLUDING, BUT NOT LIMITED TO, VETERI-
33 NARY AND CUSTODIAL CARE, AND ANY FINES OR PENALTIES IMPOSED BY THE
34 COURT. THE COURT MAY ORDER THAT THE SUBJECT ANIMALS BE PROVIDED WITH
35 APPROPRIATE CARE AND TREATMENT PENDING THE HEARING AND THE DISPOSITION
36 OF THE CHARGES. ANY FARM ANIMAL ORDERED FORFEITED BUT NOT SOLD SHALL BE
37 REMANDED TO THE CUSTODY AND CHARGE OF AN ANIMAL SHELTER, POUND, SHERIFF,
38 MUNICIPAL POLICE DEPARTMENT, DISTRICT ATTORNEY, DULY INCORPORATED SOCIE-
39 TY FOR THE PREVENTION OF CRUELTY TO ANIMALS, OR DULY INCORPORATED HUMANE
40 SOCIETY, OR AUTHORIZED AGENTS THEREOF, AND DISPOSED OF PURSUANT TO
41 SUBDIVISION FIVE OF THIS SECTION.
42 3. THE COURT MAY ORDER THAT THE CONVICTED PERSON SHALL NOT OWN,
43 HARBOR, OR HAVE CUSTODY OR CONTROL OF ANY OTHER ANIMALS, OTHER THAN FARM
44 ANIMALS, FOR A PERIOD OF TIME WHICH THE COURT DEEMS REASONABLE. IN
45 MAKING ITS DETERMINATION OF WHAT PERIOD OF TIME IS REASONABLE, THE COURT
46 SHALL TAKE INTO ACCOUNT THE TOTALITY OF THE CIRCUMSTANCES BEFORE IT AND
47 BE BOUND TO NO SINGLE FACTOR. SUCH ORDER MUST BE IN WRITING AND SPECIF-
48 ICALLY STATE THE PERIOD OF TIME IMPOSED.
49 4. NO DOG OR CAT IN THE CUSTODY OF A DULY INCORPORATED SOCIETY FOR THE
50 PREVENTION OF CRUELTY TO ANIMALS, A DULY INCORPORATED HUMANE SOCIETY, OR
51 A POUND OR SHELTER, OR ITS AUTHORIZED AGENTS, SHALL BE USED, SOLD,
52 TRANSFERRED OR OTHERWISE MADE AVAILABLE TO ANY PERSON FOR THE PURPOSE OF
53 RESEARCH, EXPERIMENTATION OR TESTING. NO AUTHORIZED AGENT OF A DULY
54 INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, NOR OF A
55 DULY INCORPORATED HUMANE SOCIETY, SHALL USE ANY ANIMAL PLACED IN ITS
56 CUSTODY BY THE DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY
S. 6643 6
1 TO ANIMALS OR DULY INCORPORATED HUMANE SOCIETY FOR THE PURPOSE OF
2 RESEARCH, EXPERIMENTATION OR TESTING.
3 5. AN ANIMAL SHELTER, POUND, SHERIFF, MUNICIPAL POLICE DEPARTMENT,
4 DISTRICT ATTORNEY, OR DULY INCORPORATED SOCIETY FOR THE PREVENTION OF
5 CRUELTY TO ANIMALS OR A DULY INCORPORATED HUMANE SOCIETY IN CHARGE OF
6 ANIMALS FORFEITED PURSUANT TO SUBDIVISIONS ONE OR TWO IF THIS SECTION
7 MAY, IN ITS DISCRETION, LAWFULLY AND WITHOUT LIABILITY, ADOPT THEM TO
8 INDIVIDUALS OTHER THAN THE CONVICTED PERSON OR PERSON CHARGED WITH AN
9 ANIMAL CRUELTY OFFENSE FOR CONSPIRING, AIDING OR ABETTING IN THE UNLAW-
10 FUL ACT WHICH WAS THE BASIS OF THE CONVICTION, OR OTHERWISE ACTING AS AN
11 ACCOMPLICE, IF SUCH CHARGE HAS NOT YET BEEN ADJUDICATED, OR HUMANELY
12 DISPOSE OF THEM SUBJECT TO SECTION THREE HUNDRED SEVENTY-FOUR OF THIS
13 ARTICLE.
14 6. (A) PRIOR TO AN ORDER OF FORFEITURE OF FARM ANIMALS, A HEARING
15 SHALL BE HELD WITHIN THIRTY DAYS OF CONVICTION, TO DETERMINE THE PECUNI-
16 ARY INTERESTS OF ANY OTHER PERSON IN THE FARM ANIMALS WHICH WERE THE
17 BASIS OF THE CONVICTION. WRITTEN NOTICE SHALL BE SERVED AT LEAST FIVE
18 DAYS PRIOR TO THE HEARING UPON ALL INTERESTED PERSONS. IN ADDITION,
19 NOTICE SHALL BE MADE BY PUBLICATION IN A LOCAL NEWSPAPER AT LEAST SEVEN
20 DAYS PRIOR TO THE HEARING. FOR THE PURPOSES OF THIS SUBDIVISION, INTER-
21 ESTED PERSONS SHALL MEAN ANY INDIVIDUAL, PARTNERSHIP, FIRM, JOINT STOCK
22 COMPANY, CORPORATION, ASSOCIATION, TRUST, ESTATE, OR OTHER LEGAL ENTITY
23 WHO THE COURT DETERMINES MAY HAVE A PECUNIARY INTEREST IN THE FARM
24 ANIMALS WHICH ARE THE SUBJECT OF THE FORFEITURE ACTION.
25 (B) ALL INTERESTED PERSONS SHALL BE PROVIDED AN OPPORTUNITY AT THE
26 HEARING TO REDEEM THEIR INTEREST AS DETERMINED BY THE COURT IN THE
27 SUBJECT FARM ANIMALS AND TO PURCHASE THE INTEREST OF THE CONVICTED
28 PERSON. THE CONVICTED PERSON SHALL BE ENTITLED TO BE REIMBURSED HIS OR
29 HER INTEREST IN THE FARM ANIMALS, LESS ANY COSTS, FINES OR PENALTIES
30 IMPOSED BY THE COURT, AS SPECIFIED UNDER SUBDIVISION TWO OF THIS
31 SECTION. IN NO CASE SHALL THE COURT AWARD CUSTODY OR CONTROL OF THE
32 ANIMALS TO ANY INTERESTED PERSON WHO CONSPIRED, AIDED OR ABETTED IN THE
33 UNLAWFUL ACT WHICH WAS THE BASIS OF THE CONVICTION, OR WHO KNEW OR
34 SHOULD HAVE KNOWN OF THE UNLAWFUL ACT.
35 7. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT OR RESTRICT IN
36 ANY WAY THE RIGHTS OF A SECURED PARTY HAVING A SECURITY INTEREST IN ANY
37 FARM ANIMAL DESCRIBED IN THIS SECTION. THIS SECTION EXPRESSLY DOES NOT
38 IMPAIR OR SUBORDINATE THE RIGHTS OF SUCH A SECURED LENDER HAVING A SECU-
39 RITY INTEREST IN FARM ANIMALS OR IN THE PROCEEDS FROM THE SALE OF SUCH
40 FARM ANIMALS.
41 S 9. The penal law is amended by adding a new title Q to read as
42 follows:
43 TITLE Q
44 OFFENSES AGAINST ANIMALS
45 ARTICLE 280
46 OFFENSES AGAINST ANIMALS
47 SECTION 280.00 DEFINITIONS.
48 280.05 PROMOTING ANIMAL FIGHTING IN THE SECOND DEGREE.
49 280.10 PROMOTING ANIMAL FIGHTING IN THE FIRST DEGREE.
50 280.20 ANIMAL CRUELTY IN THE SECOND DEGREE.
51 280.25 ANIMAL CRUELTY IN THE FIRST DEGREE.
52 280.30 UNLAWFUL DEALING WITH ANIMALS USED FOR RACING, BREEDING,
53 OR COMPETITIVE EXHIBITION OF SKILL, BREED OR STAMINA.
54 280.35 ENDANGERING THE WELFARE OF ANIMALS.
55 280.40 ANIMAL ABDUCTION IN THE THIRD DEGREE.
56 280.45 ANIMAL ABDUCTION IN THE SECOND DEGREE.
S. 6643 7
1 280.50 ANIMAL ABDUCTION IN THE FIRST DEGREE.
2 280.55 UNAUTHORIZED POSSESSION OF ANIMAL PRESUMPTIVE EVIDENCE OF
3 RESTRAINT AND ABDUCTION.
4 280.60 FAILURE TO PROVIDE APPROPRIATE SHELTER FOR DOGS LEFT
5 OUTDOORS.
6 280.65 CONFINEMENT OF COMPANION ANIMALS IN VEHICLES IN EXTREME
7 TEMPERATURES.
8 280.70 LEAVING NEW YORK STATE TO AVOID PROVISIONS OF THIS ARTI-
9 CLE.
10 280.75 EVIDENTIARY AND IMPOUNDMENT PROCEDURES BY MEMBERS OF LAW
11 ENFORCEMENT.
12 280.80 SPECIAL SENTENCING PROVISIONS APPLICABLE.
13 S 280.00 DEFINITIONS.
14 THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS ARTICLE:
15 1. "ANIMAL," AS USED IN THIS ARTICLE, INCLUDES EVERY LIVING CREATURE
16 EXCEPT A HUMAN BEING.
17 2. "CRUELTY" INCLUDES EVERY ACT, OMISSION, OR NEGLECT, WHEREBY PHYS-
18 ICAL PAIN, SUFFERING OR DEATH IS CAUSED OR PERMITTED, AND SHALL SPECIF-
19 ICALLY INCLUDE ANY ACT OF OVERDRIVING, OVERLOADING, INJURING, MAIMING,
20 MUTILATING, OR KILLING OF AN ANIMAL.
21 3. "AGGRAVATED CRUELTY" SHALL MEAN AN ACT OF CRUELTY THAT IS DONE OR
22 CARRIED OUT IN AN ESPECIALLY DEPRAVED OR SADISTIC MANNER.
23 4. "TORTURE" MEANS CONDUCT THAT IS INTENDED TO CAUSE EXTREME PHYSICAL
24 PAIN.
25 5. "ADOPTION" MEANS THE DELIVERY OF ANY ANIMAL, FORFEITED, SEIZED OR
26 SURRENDERED, TO ANY NATURAL PERSON EIGHTEEN YEARS OF AGE OR OLDER, FOR
27 THE PURPOSE OF THAT PERSON PERMANENTLY HARBORING SUCH ANIMAL AS A PET.
28 6. "FARM ANIMAL," AS USED IN THIS ARTICLE, MEANS ANY UNGULATE, POUL-
29 TRY, SPECIES OF CATTLE, SHEEP, SWINE, GOATS, LLAMAS, HORSES OR FUR-BEAR-
30 ING ANIMALS, AS DEFINED IN SECTION 11-1907 OF THE ENVIRONMENTAL CONSER-
31 VATION LAW, WHICH ARE RAISED FOR COMMERCIAL OR SUBSISTENCE PURPOSES.
32 FUR-BEARING ANIMAL, AS REFERENCED IN THIS SUBDIVISION, SHALL NOT INCLUDE
33 DOGS OR CATS.
34 7. "COMPANION ANIMAL" OR "PET" MEANS ANY DOG OR CAT, AND SHALL ALSO
35 MEAN ANY OTHER DOMESTICATED ANIMAL NORMALLY MAINTAINED IN OR NEAR THE
36 HOUSEHOLD OF THE OWNER OR PERSON WHO CARES FOR SUCH OTHER DOMESTICATED
37 ANIMAL. "COMPANION ANIMAL" OR "PET" SHALL NOT INCLUDE A "FARM ANIMAL" AS
38 DEFINED IN THIS SECTION.
39 8. "ANIMAL FIGHTING" MEANS ANY FIGHT BETWEEN COCKS OR OTHER BIRDS, OR
40 BETWEEN DOGS, BULLS, BEARS OR ANY OTHER ANIMALS, OR BETWEEN ANY SUCH
41 ANIMAL AND A PERSON OR PERSONS, EXCEPT IN EXHIBITIONS OF A KIND COMMONLY
42 FEATURED AT RODEOS, WHICH SERVES NO LEGITIMATE PURPOSE.
43 9. "ABANDONS," AS USED IN THIS ARTICLE, MEANS ANY ACTION TAKEN THAT
44 REFLECTS WILLFUL DEPARTURE FROM THE OWNERSHIP, POSSESSION, CARE,
45 CONTROL, CHARGE OR CUSTODY OF AN ANIMAL, WITHOUT MAKING ADEQUATE
46 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. 6643 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; (VI) ANY OTHER INSTRUMENT COMMONLY USED IN THE
17 FURTHERANCE OF PITTING AN ANIMAL AGAINST ANOTHER ANIMAL.
18 S 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 EVINC-
22 ING 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 S 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
39 CIRCUMSTANCES EVINCING AN INTENT THAT SUCH ANIMAL ENGAGE IN ANIMAL
40 FIGHTING; OR
41 4. PERMITS ANY ACT DESCRIBED IN SUBDIVISIONS ONE, TWO OR THREE OF THIS
42 SECTION TO OCCUR ON PREMISES UNDER HIS OR HER CONTROL; OR
43 5. OWNS, POSSESSES, HARBORS, OR KEEPS ANY ANIMAL ON PREMISES WHERE AN
44 EXHIBITION OF ANIMAL FIGHTING IS BEING CONDUCTED UNDER CIRCUMSTANCES
45 EVINCING AN INTENT THAT SUCH ANIMAL ENGAGE IN ANIMAL FIGHTING.
46 PROMOTING ANIMAL FIGHTING IN THE FIRST DEGREE IS A CLASS D FELONY.
47 S 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 THAT SUCH
S. 6643 9
1 ANIMAL IS NOT RECEIVING ADEQUATE NUTRITION, HYDRATION, VETERINARY CARE,
2 OR SHELTER; 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 STATE COMMISSIONER OF HEALTH. THE
22 STATE 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 ON YEAR.
32 ANIMAL CRUELTY IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR.
33 S 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 WAYS 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, THE DISPATCH OF ANIMALS
56 POSING A THREAT TO HUMAN SAFETY OR OTHER ANIMALS, WHERE SUCH ACTION IS
S. 6643 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 S 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 S 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 S 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 S 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 S 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. 6643 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 S 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 SUPER-
12 INTENDENT OF THE STATE POLICE AT ALBANY, NEW YORK, OF SUCH POSSESSION,
13 SHALL BE PRESUMPTIVE EVIDENCE OF RESTRAINT AND ABDUCTION.
14 S 280.60 FAILURE TO PROVIDE APPROPRIATE SHELTER FOR DOGS LEFT OUTDOORS.
15 1. FOR PURPOSES OF THIS SECTION:
16 (A) "PHYSICAL CONDITION" SHALL INCLUDE ANY SPECIAL MEDICAL NEEDS OF A
17 DOG DUE TO DISEASE, ILLNESS, INJURY, AGE OR BREED ABOUT WHICH THE OWNER
18 OR PERSON WITH CUSTODY OR CONTROL OF THE DOG SHOULD REASONABLY BE AWARE.
19 (B) "INCLEMENT WEATHER" SHALL MEAN WEATHER CONDITIONS THAT ARE LIKELY
20 TO ADVERSELY AFFECT THE HEALTH OR SAFETY OF THE DOG, INCLUDING BUT NOT
21 LIMITED TO RAIN, SLEET, ICE, SNOW, WIND, OR EXTREME HEAT AND COLD.
22 (C) "DOGS THAT ARE LEFT OUTDOORS" SHALL MEAN DOGS THAT ARE OUTDOORS IN
23 INCLEMENT WEATHER WITHOUT READY ACCESS TO, OR THE ABILITY TO ENTER, A
24 HOUSE, APARTMENT BUILDING, OFFICE BUILDING, OR ANY OTHER PERMANENT
25 STRUCTURE THAT COMPLIES WITH THE STANDARDS ENUMERATED IN PARAGRAPH (B)
26 OF SUBDIVISION THREE OF THIS SECTION.
27 2. (A) ANY PERSON WHO OWNS OR HAS CUSTODY OR CONTROL OF A DOG THAT IS
28 LEFT OUTDOORS SHALL PROVIDE IT WITH SHELTER APPROPRIATE TO ITS BREED,
29 PHYSICAL CONDITION AND THE CLIMATE.
30 (B) BEGINNING SEVENTY-TWO HOURS AFTER A CHARGE OF VIOLATING THIS
31 SECTION, EACH DAY THAT A DEFENDANT FAILS TO CORRECT THE DEFICIENCIES IN
32 THE DOG SHELTER FOR A DOG THAT HE OR SHE OWNS OR THAT IS IN HIS OR HER
33 CUSTODY OR CONTROL AND THAT IS LEFT OUTDOORS, SO AS TO BRING IT INTO
34 COMPLIANCE WITH THE PROVISIONS OF THIS SECTION SHALL CONSTITUTE A SEPA-
35 RATE OFFENSE.
36 3. MINIMUM STANDARDS FOR DETERMINING WHETHER SHELTER IS APPROPRIATE TO
37 A DOG'S BREED, PHYSICAL CONDITION AND THE CLIMATE SHALL INCLUDE:
38 (A) FOR DOGS THAT ARE RESTRAINED IN ANY MANNER OUTDOORS, SHADE BY
39 NATURAL OR ARTIFICIAL MEANS TO PROTECT THE DOG FROM DIRECT SUNLIGHT AT
40 ALL TIMES WHEN EXPOSURE TO SUNLIGHT IS LIKELY TO THREATEN THE HEALTH OF
41 THE DOG.
42 (B) FOR ALL DOGS THAT ARE LEFT OUTDOORS IN INCLEMENT WEATHER, A HOUS-
43 ING FACILITY, WHICH MUST: (1) HAVE A WATERPROOF ROOF; (2) BE STRUC-
44 TURALLY SOUND WITH INSULATION APPROPRIATE TO LOCAL CLIMATIC CONDITIONS
45 AND SUFFICIENT TO PROTECT THE DOG FROM INCLEMENT WEATHER; (3) BE
46 CONSTRUCTED TO ALLOW EACH DOG ADEQUATE FREEDOM OF MOVEMENT TO MAKE
47 NORMAL POSTURAL ADJUSTMENTS, INCLUDING THE ABILITY TO STAND UP, TURN
48 AROUND AND LIE DOWN WITH ITS LIMBS OUTSTRETCHED; AND (4) ALLOW FOR
49 EFFECTIVE REMOVAL OF EXCRETIONS, OTHER WASTE MATERIAL; DIRT AND TRASH.
50 THE HOUSING FACILITY AND THE AREA IMMEDIATELY SURROUNDING IT SHALL BE
51 REGULARLY CLEANED TO MAINTAIN A HEALTHY AND SANITARY ENVIRONMENT AND TO
52 MINIMIZE HEALTH HAZARDS.
53 4. INADEQUATE SHELTER MAY BE INDICATED BY THE APPEARANCE OF THE HOUS-
54 ING FACILITY ITSELF, INCLUDING BUT NOT LIMITED TO, SIZE, STRUCTURAL
55 SOUNDNESS, EVIDENCE OF CROWDING WITHIN THE HOUSING FACILITY, HEALTHFUL
S. 6643 12
1 ENVIRONMENT IN THE AREA IMMEDIATELY SURROUNDING SUCH FACILITY, OR BY THE
2 APPEARANCE OR PHYSICAL CONDITION OF THE DOG.
3 5. UPON A FINDING OF ANY VIOLATION OF THIS SECTION, ANY DOG OR DOGS
4 SEIZED PURSUANT TO THE PROVISIONS OF THIS ARTICLE THAT HAVE NOT BEEN
5 VOLUNTARILY SURRENDERED BY THE OWNER OR CUSTODIAN OR FORFEITED PURSUANT
6 TO COURT ORDER SHALL BE RETURNED TO THE OWNER OR CUSTODIAN ONLY UPON
7 PROOF THAT APPROPRIATE SHELTER AS REQUIRED BY THIS SECTION IS BEING
8 PROVIDED.
9 6. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO AFFECT ANY
10 PROTECTIONS AFFORDED TO DOGS OR OTHER ANIMALS UNDER ANY OTHER PROVISIONS
11 OF THIS ARTICLE.
12 FAILURE TO PROVIDE APPROPRIATE SHELTER FOR DOGS LEFT OUTDOORS IS A
13 VIOLATION.
14 S 280.65 CONFINEMENT OF COMPANION ANIMALS IN VEHICLES IN EXTREME TEMPER-
15 ATURES.
16 1. A PERSON SHALL NOT CONFINE A COMPANION ANIMAL IN A MOTOR VEHICLE IN
17 EXTREME HEAT OR COLD WITHOUT PROPER VENTILATION OR OTHER PROTECTION FROM
18 SUCH EXTREME TEMPERATURES WHERE SUCH CONFINEMENT PLACES THE COMPANION
19 ANIMAL IN IMMINENT DANGER OF DEATH OR SERIOUS PHYSICAL INJURY DUE TO
20 EXPOSURE TO SUCH EXTREME HEAT OR COLD.
21 2. WHERE THE OPERATOR OF SUCH A VEHICLE CANNOT BE PROMPTLY LOCATED, A
22 POLICE OFFICER, PEACE OFFICER, OR PEACE OFFICER ACTING AS AN AGENT OF A
23 DULY INCORPORATED HUMANE SOCIETY MAY TAKE NECESSARY STEPS TO REMOVE THE
24 ANIMAL OR ANIMALS FROM THE VEHICLE.
25 3. POLICE OFFICERS, PEACE OFFICERS OR PEACE OFFICERS ACTING AS AGENTS
26 OF A DULY INCORPORATED HUMANE SOCIETY REMOVING AN ANIMAL OR ANIMALS FROM
27 A VEHICLE PURSUANT TO THIS SECTION SHALL PLACE A WRITTEN NOTICE ON OR IN
28 THE VEHICLE, BEARING THE NAME OF THE OFFICER OR AGENT, AND THE DEPART-
29 MENT OR AGENCY AND ADDRESS WHERE THE ANIMAL OR ANIMALS WILL BE TAKEN.
30 4. AN ANIMAL OR ANIMALS REMOVED FROM A VEHICLE PURSUANT TO THIS
31 SECTION SHALL, AFTER RECEIPT OF ANY NECESSARY EMERGENCY VETERINARY
32 TREATMENT, BE DELIVERED TO THE DULY INCORPORATED HUMANE SOCIETY OR SOCI-
33 ETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, OR DESIGNATED AGENT THERE-
34 OF, IN THE JURISDICTION WHERE THE ANIMAL OR ANIMALS WERE SEIZED.
35 5. OFFICERS SHALL NOT BE HELD CRIMINALLY OR CIVILLY LIABLE FOR ACTIONS
36 TAKEN REASONABLY AND IN GOOD FAITH IN CARRYING OUT THE PROVISIONS OF
37 THIS SECTION.
38 6. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO AFFECT ANY
39 OTHER PROTECTIONS AFFORDED TO COMPANION ANIMALS UNDER ANY OTHER
40 PROVISIONS OF THIS ARTICLE.
41 CONFINEMENT OF COMPANION ANIMALS IN VEHICLES IN EXTREME TEMPERATURES
42 IS A VIOLATION.
43 S 280.70 LEAVING NEW YORK STATE TO AVOID PROVISIONS OF THIS ARTICLE.
44 A PERSON WHO LEAVES THIS STATE WITH INTENT TO ELUDE ANY OF THE
45 PROVISIONS OF THIS ARTICLE OR TO COMMIT ANY ACT OUT OF THIS STATE WHICH
46 IS PROHIBITED BY THEM OR WHO, BEING A RESIDENT OF THIS STATE, DOES ANY
47 ACT WITHOUT THIS STATE, PURSUANT TO SUCH INTENT, WHICH WOULD BE PUNISHA-
48 BLE UNDER SUCH PROVISIONS, IF COMMITTED WITHIN THIS STATE, IS PUNISHABLE
49 IN THE SAME MANNER AS IF SUCH ACT HAD BEEN COMMITTED WITHIN THIS STATE.
50 S 280.75 EVIDENTIARY AND IMPOUNDMENT PROCEDURES BY MEMBERS OF LAW
51 ENFORCEMENT.
52 MATTERS RELATING TO THE SEIZURE, ADOPTION, CARE, DISPOSITION, AND
53 DESTRUCTION OF ANIMALS BY MEMBERS OF LAW ENFORCEMENT AND MEMBERS OF A
54 DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS
55 CHARGED TO ENFORCE THIS ARTICLE, ANCILLARY TO SUCH ENFORCEMENT OF THIS
56 ARTICLE, SHALL BE GOVERNED BY ARTICLE TWENTY-SIX OF THE AGRICULTURE AND
S. 6643 13
1 MARKETS LAW AND ARTICLE SIX HUNDRED NINETY OF THE CRIMINAL PROCEDURE
2 LAW.
3 S 280.80 SPECIAL SENTENCING PROVISIONS APPLICABLE.
4 IN ADDITION TO ANY OTHER PENALTY PROVIDED BY LAW, THE SENTENCING
5 PROVISIONS CONTAINED IN SECTION THREE HUNDRED EIGHTY OF THE AGRICULTURE
6 AND MARKETS LAW SHALL BE APPLICABLE TO VIOLATIONS OF THIS ARTICLE.
7 S 10. The penal law is amended by adding a new section 60.22 to read
8 as follows:
9 S 60.22 AUTHORIZED DISPOSITIONS; PROMOTING ANIMAL FIGHTING.
10 WHEN A PERSON IS CONVICTED OF AN OFFENSE DEFINED IN SECTION 280.05 OF
11 THIS CHAPTER, IN ADDITION TO THE OTHER PENALTIES AS PROVIDED IN THIS
12 CHAPTER, THE COURT MAY IMPOSE A FINE WHICH SHALL NOT EXCEED FIFTEEN
13 THOUSAND DOLLARS. WHEN A PERSON IS CONVICTED OF AN OFFENSE DEFINED IN
14 SECTION 280.10 OF THIS CHAPTER, THE COURT MAY IMPOSE A FINE WHICH SHALL
15 NOT EXCEED TWENTY-FIVE THOUSAND DOLLARS.
16 S 11. Paragraph (c) of subdivision 1 of section 70.02 of the penal
17 law, as amended by chapter 1 of the laws of 2013, is amended to read as
18 follows:
19 (c) Class D violent felony offenses: an attempt to commit any of the
20 class C felonies set forth in paragraph (b); reckless assault of a child
21 as defined in section 120.02, assault in the second degree as defined in
22 section 120.05, menacing a police officer or peace officer as defined in
23 section 120.18, stalking in the first degree, as defined in subdivision
24 one of section 120.60, strangulation in the second degree as defined in
25 section 121.12, rape in the second degree as defined in section 130.30,
26 criminal sexual act in the second degree as defined in section 130.45,
27 sexual abuse in the first degree as defined in section 130.65, course of
28 sexual conduct against a child in the second degree as defined in
29 section 130.80, aggravated sexual abuse in the third degree as defined
30 in section 130.66, facilitating a sex offense with a controlled
31 substance as defined in section 130.90, criminal possession of a weapon
32 in the third degree as defined in subdivision five, six, seven, eight,
33 nine or ten of section 265.02, criminal sale of a firearm in the third
34 degree as defined in section 265.11, intimidating a victim or witness in
35 the second degree as defined in section 215.16, soliciting or providing
36 support for an act of terrorism in the second degree as defined in
37 section 490.10, and making a terroristic threat as defined in section
38 490.20, falsely reporting an incident in the first degree as defined in
39 section 240.60, placing a false bomb or hazardous substance in the first
40 degree as defined in section 240.62, placing a false bomb or hazardous
41 substance in a sports stadium or arena, mass transportation facility or
42 enclosed shopping mall as defined in section 240.63, [and] aggravated
43 unpermitted use of indoor pyrotechnics in the first degree as defined in
44 section 405.18, AND ANIMAL CRUELTY IN THE FIRST DEGREE AS DEFINED IN
45 SUBDIVISION ONE, TWO OR THREE OF SECTION 280.25.
46 S 12. Section 195.06 of the penal law, as added by chapter 42 of the
47 laws of 1986, is amended to read as follows:
48 S 195.06 Killing or injuring a police animal.
49 A person is guilty of killing or injuring a police animal when such
50 person intentionally kills or injures any animal while such animal is in
51 the performance of its duties and under the supervision of a police or
52 peace officer.
53 Killing or injuring a police animal is a class [A misdemeanor] D FELO-
54 NY.
55 S 13. Section 195.11 of the penal law, as added by chapter 344 of the
56 laws of 1989, is amended to read as follows:
S. 6643 14
1 S 195.11 Harming an animal trained to aid a person with a disability in
2 the second degree.
3 A person is guilty of harming an animal trained to aid a person with a
4 disability in the second degree when such person intentionally causes
5 physical injury to such animal while it is in the performance of aiding
6 a person with a disability, and thereby renders such animal incapable of
7 providing such aid to such person, or to another person with a disabili-
8 ty.
9 For purposes of this section and section 195.12 of this article, the
10 term "disability" means "disability" as defined in subdivision twenty-
11 one of section two hundred ninety-two of the executive law.
12 Harming an animal trained to aid a person with a disability in the
13 second degree is a class [B] A misdemeanor.
14 S 14. Section 195.12 of the penal law, as added by chapter 344 of the
15 laws of 1989, is amended to read as follows:
16 S 195.12 Harming an animal trained to aid a person with a disability in
17 the first degree.
18 A person is guilty of harming an animal trained to aid a person with a
19 disability in the first degree when such person:
20 1. intentionally causes physical injury to such animal while it is in
21 the performance of aiding a person with a disability, and thereby
22 renders such animal permanently incapable of providing such aid to such
23 person, or to another person with a disability; or
24 2. intentionally kills such animal while it is in the performance of
25 aiding a person with a disability.
26 Harming an animal trained to aid a person with a disability in the
27 first degree is a class [A misdemeanor] D FELONY.
28 S 15. Section 265.01 of the penal law, as amended by chapter 1 of the
29 laws of 2013, is amended to read as follows:
30 S 265.01 Criminal possession of a weapon in the fourth degree.
31 A person is guilty of criminal possession of a weapon in the fourth
32 degree when:
33 (1) He or she possesses any firearm, electronic dart gun, electronic
34 stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal
35 knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles,
36 metal knuckles, chuka stick, sand bag, sandclub, wrist-brace type sling-
37 shot or slungshot, shirken or "Kung Fu star"; or
38 (2) He OR SHE possesses any dagger, dangerous knife, dirk, razor,
39 stiletto, imitation pistol, or any other dangerous or deadly instrument
40 or weapon with intent to use the same unlawfully against another PERSON
41 OR ANIMAL; or
42 [(3); or]
43 (4) He OR SHE possesses a rifle, shotgun, antique firearm, black
44 powder rifle, black powder shotgun, or any muzzle-loading firearm, and
45 has been convicted of a felony or serious offense; or
46 (5) He OR SHE possesses any dangerous or deadly weapon and is not a
47 citizen of the United States; or
48 (6) He OR SHE is a person who has been certified not suitable to
49 possess a rifle or shotgun, as defined in subdivision sixteen of section
50 265.00, and refuses to yield possession of such rifle or shotgun upon
51 the demand of a police officer. Whenever a person is certified not suit-
52 able to possess a rifle or shotgun, a member of the police department to
53 which such certification is made, or of the state police, shall forth-
54 with seize any rifle or shotgun possessed by such person. A rifle or
55 shotgun seized as herein provided shall not be destroyed, but shall be
56 delivered to the headquarters of such police department, or state
S. 6643 15
1 police, and there retained until the aforesaid certificate has been
2 rescinded by the director or physician in charge, or other disposition
3 of such rifle or shotgun has been ordered or authorized by a court of
4 competent jurisdiction.
5 (7) He OR SHE knowingly possesses a bullet containing an explosive
6 substance designed to detonate upon impact.
7 (8) He OR SHE possesses any armor piercing ammunition with intent to
8 use same unlawfully against another.
9 Criminal possession of a weapon in the fourth degree is a class A
10 misdemeanor.
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 one hundred eightieth day
21 after it shall have become a law.