S T A T E O F N E W Y O R K
________________________________________________________________________
7865
2013-2014 Regular Sessions
I N A S S E M B L Y
June 6, 2013
___________
Introduced by M. of A. JORDAN, TEDISCO -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to establishing laws prohib-
iting offenses against animals; and to promote understanding, aware-
ness and enforcement of such animal crimes laws
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The penal law is amended by adding a new title Q to read as
2 follows:
3 TITLE Q
4 OFFENSES AGAINST ANIMALS
5 ARTICLE 280
6 OFFENSES AGAINST COMPANION ANIMALS
7 SECTION 280.00 DEFINITIONS.
8 280.05 PROMOTING ANIMAL FIGHTING IN THE SECOND DEGREE.
9 280.10 PROMOTING ANIMAL FIGHTING IN THE FIRST DEGREE.
10 280.20 ANIMAL CRUELTY IN THE SECOND DEGREE.
11 280.25 ANIMAL CRUELTY IN THE FIRST DEGREE.
12 280.30 UNLAWFUL DEALING WITH ANIMALS USED FOR RACING, BREEDING,
13 OR COMPETITIVE EXHIBITION OF SKILL, BREED OR STAMINA.
14 280.35 ENDANGERING THE WELFARE OF ANIMALS.
15 280.40 ANIMAL ABDUCTION IN THE THIRD DEGREE.
16 280.45 ANIMAL ABDUCTION IN THE SECOND DEGREE.
17 280.50 ANIMAL ABDUCTION IN THE FIRST DEGREE.
18 280.55 UNAUTHORIZED POSSESSION OF ANIMAL PRESUMPTIVE EVIDENCE OF
19 RESTRAINT AND ABDUCTION.
20 280.60 APPROPRIATE SHELTER FOR DOGS LEFT OUTDOORS.
21 280.65 CONFINEMENT OF COMPANION ANIMALS IN VEHICLES; EXTREME
22 TEMPERATURES.
23 280.70 LEAVING NEW YORK STATE TO AVOID PROVISIONS OF THIS ARTI-
24 CLE.
25 280.75 EVIDENTIARY AND IMPOUNDMENT PROCEDURES BY MEMBERS OF LAW
26 ENFORCEMENT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09314-02-3
A. 7865 2
1 280.80 SPECIAL SENTENCING PROVISIONS APPLICABLE.
2 280.85 LIMITATIONS OF APPLICATION.
3 S 280.00 DEFINITIONS.
4 THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS ARTICLE:
5 1. "ANIMAL" MEANS ANY COMPANION ANIMAL OR PET AND SHALL NOT INCLUDE
6 FARM ANIMALS, AS DEFINED IN SUBDIVISION SIX OF THIS SECTION.
7 2. "CRUELTY" INCLUDES EVERY ACT, OMISSION, OR NEGLECT, WHEREBY UNJUS-
8 TIFIABLE PHYSICAL PAIN, SUFFERING OR DEATH IS CAUSED OR PERMITTED AND
9 SHALL INCLUDE BUT NOT BE LIMITED TO, ANY ACT OF OVERDRIVING, OVERLOAD-
10 ING, INJURING, MAIMING, MUTILATING, OR KILLING AN ANIMAL.
11 3. "AGGRAVATED CRUELTY" SHALL MEAN AN ACT OF CRUELTY THAT IS DONE OR
12 CARRIED OUT IN A DEPRAVED OR SADISTIC MANNER.
13 4. "TORTURE" MEANS CONDUCT THAT IS INTENDED TO CAUSE EXTREME PAIN.
14 5. "ADOPTION" MEANS THE DELIVERY OF ANY ANIMAL, SEIZED OR SURRENDERED,
15 TO ANY NATURAL PERSON EIGHTEEN YEARS OF AGE OR OLDER, FOR THE LIMITED
16 PURPOSE OF HARBORING SUCH ANIMAL AS A PET.
17 6. "FARM ANIMAL" MEANS ANY UNGULATE, POULTRY, SPECIES OF CATTLE,
18 SHEEP, SWINE, GOATS, LLAMAS, HORSES OR FUR-BEARING ANIMALS, AS DEFINED
19 IN SECTION 11-1907 OF THE ENVIRONMENTAL CONSERVATION LAW, WHICH ARE
20 RAISED FOR COMMERCIAL OR SUBSISTENCE PURPOSES. "FUR-BEARING ANIMAL"
21 SHALL NOT INCLUDE DOGS OR CATS.
22 7. "COMPANION ANIMAL" OR "PET" MEANS ANY DOG OR CAT. "COMPANION
23 ANIMAL" OR "PET" SHALL NOT INCLUDE A "FARM ANIMAL" AS DEFINED IN SUBDI-
24 VISION SIX OF THIS SECTION.
25 8. "ANIMAL FIGHTING" SHALL MEAN ANY FIGHT BETWEEN COMPANION ANIMALS,
26 OR BETWEEN ANY SUCH ANIMAL AND A PERSON OR PERSONS.
27 9. "ABANDONS" MEANS ANY ACTION TAKEN THAT REFLECTS WILLFUL DEPARTURE
28 FROM THE OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR CUSTODY OF AN
29 ANIMAL, WITHOUT MAKING ADEQUATE PROVISIONS FOR THE ANIMAL'S FUTURE CARE.
30 10. "RESTRAIN" MEANS TO RESTRICT AN ANIMAL'S MOVEMENTS INTENTIONALLY
31 AND UNLAWFULLY IN SUCH MANNER AS TO INTERFERE SUBSTANTIALLY WITH ITS
32 LIBERTY BY MOVING IT FROM ONE PLACE TO ANOTHER, OR BY CONFINING IT
33 EITHER IN THE PLACE WHERE THE RESTRICTION COMMENCES OR IN A PLACE TO
34 WHICH IT HAS BEEN MOVED, WITH KNOWLEDGE THAT THE RESTRICTION IS UNLAW-
35 FUL.
36 11. "ABDUCT" MEANS TO RESTRAIN AN ANIMAL WITH INTENT TO PREVENT ITS
37 LIBERATION BY SECRETING OR HOLDING IT IN A PLACE WHERE IT IS NOT LIKELY
38 TO BE FOUND.
39 12. "ANIMAL FIGHTING PARAPHERNALIA" SHALL MEAN EQUIPMENT, PRODUCTS, OR
40 MATERIALS OF ANY KIND THAT ARE USED, INTENDED FOR USE, OR DESIGNED FOR
41 USE IN THE TRAINING, PREPARATION, CONDITIONING OR FURTHERANCE OF ANIMAL
42 FIGHTING. ANIMAL FIGHTING PARAPHERNALIA INCLUDES: (A) A BREAKING STICK,
43 WHICH MEANS A DEVICE DESIGNED FOR INSERTION BEHIND THE MOLARS OF A DOG
44 FOR THE PURPOSE OF BREAKING THE DOG'S GRIP ON ANOTHER ANIMAL OR OBJECT;
45 (B) A CAT MILL, WHICH MEANS A DEVICE THAT ROTATES AROUND A CENTRAL
46 SUPPORT WITH ONE ARM DESIGNED TO SECURE A DOG AND ONE ARM DESIGNED TO
47 SECURE A CAT, RABBIT, OR OTHER SMALL ANIMAL BEYOND THE GRASP OF THE DOG;
48 (C) A TREADMILL, WHICH MEANS AN EXERCISE DEVICE CONSISTING OF AN ENDLESS
49 BELT ON WHICH THE ANIMAL WALKS OR RUNS WITHOUT CHANGING PLACES; (D) A
50 SPRINGPOLE, WHICH MEANS A BITING SURFACE ATTACHED TO A STRETCHABLE
51 DEVICE, SUSPENDED AT A HEIGHT SUFFICIENT TO PREVENT A DOG FROM REACHING
52 THE BITING SURFACE WHILE TOUCHING THE GROUND; (E) A FIGHTING PIT, WHICH
53 MEANS A WALLED AREA, OR OTHERWISE DEFINED AREA, DESIGNED TO CONTAIN AN
54 ANIMAL FIGHT; AND (F) ANY OTHER INSTRUMENT COMMONLY USED IN THE FURTHER-
55 ANCE OF PITTING AN ANIMAL AGAINST ANOTHER ANIMAL.
56 S 280.05 PROMOTING ANIMAL FIGHTING IN THE SECOND DEGREE.
A. 7865 3
1 A PERSON IS GUILTY OF PROMOTING ANIMAL FIGHTING IN THE SECOND DEGREE
2 WHEN SUCH PERSON:
3 1. OWNS, POSSESSES, OR KEEPS ANY ANIMAL UNDER ANY CIRCUMSTANCE EVINC-
4 ING AN INTENT THAT SUCH ANIMAL ENGAGE IN ANIMAL FIGHTING; OR
5 2. PAYS AN ADMISSION FEE, MAKES A WAGER, OR IS OTHERWISE PRESENT AT
6 ANY PLACE WHERE AN EXHIBITION OF ANIMAL FIGHTING IS BEING CONDUCTED, AND
7 SUCH PERSON HAS KNOWLEDGE THAT SUCH AN EXHIBITION IS BEING CONDUCTED; OR
8 3. OWNS, POSSESSES, SELLS, TRANSFERS OR MANUFACTURES ANIMAL FIGHTING
9 PARAPHERNALIA UNDER ANY CIRCUMSTANCE EVINCING AN INTENT THAT SUCH
10 PARAPHERNALIA BE USED TO ENGAGE IN OR OTHERWISE PROMOTE OR FACILITATE
11 ANIMAL FIGHTING.
12 PROMOTING ANIMAL FIGHTING IN THE SECOND DEGREE IS A CLASS A MISDEMEA-
13 NOR.
14 S 280.10 PROMOTING ANIMAL FIGHTING IN THE FIRST DEGREE.
15 A PERSON IS GUILTY OF PROMOTING ANIMAL FIGHTING IN THE FIRST DEGREE
16 WHEN SUCH PERSON:
17 1. INTENTIONALLY CAUSES AN ANIMAL TO ENGAGE IN ANIMAL FIGHTING; OR
18 2. TRAINS AN ANIMAL UNDER CIRCUMSTANCES EVINCING AN INTENT THAT SUCH
19 ANIMAL ENGAGE IN ANIMAL FIGHTING; OR
20 3. BREEDS, TRANSFERS, SELLS OR OFFERS FOR SALE AN ANIMAL UNDER CIRCUM-
21 STANCES EVINCING AN INTENT THAT SUCH ANIMAL ENGAGE IN ANIMAL FIGHTING;
22 OR
23 4. PERMITS ANY ACT DESCRIBED IN SUBDIVISION ONE, TWO OR THREE OF THIS
24 SECTION TO OCCUR ON PREMISES UNDER HIS OR HER CONTROL; OR
25 5. OWNS, POSSESSES OR KEEPS ANY ANIMAL ON PREMISES WHERE AN EXHIBITION
26 OF ANIMAL FIGHTING IS BEING CONDUCTED UNDER CIRCUMSTANCES EVINCING AN
27 INTENT THAT SUCH ANIMAL ENGAGE IN ANIMAL FIGHTING.
28 PROMOTING ANIMAL FIGHTING IN THE FIRST DEGREE IS A CLASS D FELONY.
29 S 280.20 ANIMAL CRUELTY IN THE SECOND DEGREE.
30 A PERSON IS GUILTY OF ANIMAL CRUELTY IN THE SECOND DEGREE WHEN:
31 1. HAVING OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR CUSTODY OF
32 AN ANIMAL, HE OR SHE DEPRIVES SUCH ANIMAL OF, OR NEGLECTS TO FURNISH
33 SUCH ANIMAL WITH, NUTRITION, HYDRATION, VETERINARY CARE, OR SHELTER
34 ADEQUATE TO MAINTAIN THE ANIMAL'S HEALTH AND COMFORT, OR CAUSES,
35 PROCURES, OR PERMITS SUCH ANIMAL TO BE DEPRIVED OF NUTRITION, HYDRATION,
36 VETERINARY CARE, OR SHELTER ADEQUATE TO MAINTAIN THE ANIMAL'S HEALTH AND
37 COMFORT, AND HE OR SHE KNOWS OR REASONABLY SHOULD KNOW THAT SUCH ANIMAL
38 IS NOT RECEIVING ADEQUATE NUTRITION, HYDRATION, VETERINARY CARE OR SHEL-
39 TER; OR
40 2. HAVING OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR CUSTODY OF
41 AN ANIMAL, HE OR SHE ABANDONS SUCH ANIMAL; OR
42 3. HAVING NO JUSTIFIABLE PURPOSE, HE OR SHE KNOWINGLY INSTIGATES,
43 ENGAGES IN, OR IN ANY WAY FURTHERS CRUELTY TO AN ANIMAL, OR ANY ACT
44 TENDING TO PRODUCE SUCH CRUELTY; OR
45 4. HAVING NO JUSTIFIABLE PURPOSE, HE OR SHE ADMINISTERS OR EXPOSES ANY
46 POISONOUS OR NOXIOUS DRUG OR SUBSTANCE TO AN ANIMAL, WITH INTENT THAT
47 THE ANIMAL TAKE THE SAME AND WITH INTENT TO INJURE THE ANIMAL.
48 NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT OR
49 INTERFERE IN ANY WAY WITH ANYONE LAWFULLY ENGAGED IN HUNTING, TRAPPING,
50 OR FISHING, AS PROVIDED IN ARTICLE ELEVEN OF THE ENVIRONMENTAL CONSERVA-
51 TION LAW, THE DISPATCH OF RABID OR DISEASED ANIMALS, AS PROVIDED IN
52 ARTICLE TWENTY-ONE OF THE PUBLIC HEALTH LAW, OR THE DISPATCH OF ANIMALS
53 POSING A THREAT TO HUMAN SAFETY OR OTHER ANIMALS, WHERE SUCH ACTION IS
54 OTHERWISE LEGALLY AUTHORIZED. NOTHING HEREIN CONTAINED SHALL BE
55 CONSTRUED TO PROHIBIT OR INTERFERE WITH ANY PROPERLY CONDUCTED SCIENTIF-
56 IC TESTS, EXPERIMENTS, OR INVESTIGATIONS INVOLVING THE USE OF LIVING
A. 7865 4
1 ANIMALS, PERFORMED OR CONDUCTED IN LABORATORIES OR INSTITUTIONS, WHICH
2 ARE APPROVED FOR THESE PURPOSES BY THE COMMISSIONER OF HEALTH. THE
3 COMMISSIONER OF HEALTH SHALL PRESCRIBE THE RULES UNDER WHICH SUCH
4 APPROVALS SHALL BE GRANTED, INCLUDING THEREIN STANDARDS REGARDING THE
5 CARE AND TREATMENT OF ANY SUCH ANIMALS. SUCH RULES SHALL BE PUBLISHED
6 AND COPIES THEREOF CONSPICUOUSLY POSTED IN EACH SUCH LABORATORY OR
7 INSTITUTION. THE COMMISSIONER OF HEALTH OR HIS OR HER DULY AUTHORIZED
8 REPRESENTATIVE SHALL HAVE THE POWER TO INSPECT SUCH LABORATORIES OR
9 INSTITUTIONS TO INSURE COMPLIANCE WITH SUCH RULES AND STANDARDS. EACH
10 SUCH APPROVAL MAY BE REVOKED AT ANY TIME FOR FAILURE TO COMPLY WITH SUCH
11 RULES AND IN ANY CASE THE APPROVAL SHALL BE LIMITED TO A PERIOD NOT
12 EXCEEDING ONE YEAR.
13 ANIMAL CRUELTY IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR.
14 S 280.25 ANIMAL CRUELTY IN THE FIRST DEGREE.
15 A PERSON IS GUILTY OF ANIMAL CRUELTY IN THE FIRST DEGREE WHEN:
16 1. HAVING NO JUSTIFIABLE PURPOSE AND WITH INTENT TO CAUSE THE DEATH OF
17 A COMPANION ANIMAL, HE OR SHE CAUSES THE DEATH OF SUCH ANIMAL; OR
18 2. HAVING NO JUSTIFIABLE PURPOSE AND WITH INTENT TO CAUSE SERIOUS
19 PHYSICAL INJURY TO A COMPANION ANIMAL, HE OR SHE CAUSES SUCH INJURY TO
20 SUCH ANIMAL; OR
21 3. HAVING NO JUSTIFIABLE PURPOSE, HE OR SHE INTENTIONALLY TORTURES AN
22 ANIMAL OR KNOWINGLY INSTIGATES, ENGAGES IN, OR IN ANY WAY FURTHERS
23 AGGRAVATED CRUELTY TO AN ANIMAL, OR ANY ACT TENDING TO PRODUCE SUCH
24 AGGRAVATED CRUELTY; OR
25 4. COMMITS THE CRIME OF ANIMAL CRUELTY IN THE SECOND DEGREE IN
26 VIOLATION OF SECTION 280.20 OF THIS ARTICLE AND HAS PREVIOUSLY BEEN
27 CONVICTED, WITHIN THE PRECEDING TEN YEARS, OF ANIMAL CRUELTY IN THE
28 SECOND DEGREE.
29 NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT OR
30 INTERFERE IN ANY WAY WITH ANYONE LAWFULLY ENGAGED IN HUNTING, TRAPPING,
31 OR FISHING, AS PROVIDED IN ARTICLE ELEVEN OF THE ENVIRONMENTAL CONSERVA-
32 TION LAW, THE DISPATCH OF RABID OR DISEASED ANIMALS, AS PROVIDED IN
33 ARTICLE TWENTY-ONE OF THE PUBLIC HEALTH LAW, OR THE DISPATCH OF ANIMALS
34 POSING A THREAT TO HUMAN SAFETY OR OTHER ANIMALS, WHERE SUCH ACTION IS
35 OTHERWISE LEGALLY AUTHORIZED, OR ANY PROPERLY CONDUCTED SCIENTIFIC
36 TESTS, EXPERIMENTS, OR INVESTIGATIONS INVOLVING THE USE OF LIVING
37 ANIMALS, PERFORMED OR CONDUCTED IN LABORATORIES OR INSTITUTIONS APPROVED
38 FOR SUCH PURPOSES BY THE COMMISSIONER OF HEALTH PURSUANT TO SECTION
39 280.20 OF THIS ARTICLE.
40 ANIMAL CRUELTY IN THE FIRST DEGREE IS A CLASS D FELONY.
41 S 280.30 UNLAWFUL DEALING WITH ANIMALS USED FOR RACING, BREEDING, OR
42 COMPETITIVE EXHIBITION OF SKILL, BREED OR STAMINA.
43 A PERSON IS GUILTY OF UNLAWFUL DEALING WITH ANIMALS USED FOR RACING,
44 BREEDING, OR COMPETITIVE EXHIBITION OF SKILL, BREED, OR STAMINA WHEN
45 SUCH PERSON:
46 1. COMMITS THE CRIME OF ANIMAL CRUELTY IN THE SECOND DEGREE IN
47 VIOLATION OF SECTION 280.20 OF THIS ARTICLE, AND SUCH ANIMAL IS AN
48 ANIMAL USED FOR THE PURPOSES OF RACING, BREEDING OR COMPETITIVE EXHIBI-
49 TION OF SKILL, BREED, OR STAMINA; OR
50 2. HAVING NO JUSTIFIABLE PURPOSE, HE OR SHE TAMPERS WITH AN ANIMAL
51 USED FOR THE PURPOSES OF RACING, BREEDING, OR COMPETITIVE EXHIBITION OF
52 SKILL, BREED, OR STAMINA, OR OTHERWISE INTERFERES WITH SUCH AN ANIMAL
53 DURING A RACE OR COMPETITIVE EXHIBITION OF SKILL, BREED, OR STAMINA.
54 UNLAWFUL DEALING WITH ANIMALS USED FOR RACING, BREEDING, OR COMPET-
55 ITIVE EXHIBITION OF SKILL, BREED OR STAMINA IS A CLASS E FELONY.
56 S 280.35 ENDANGERING THE WELFARE OF ANIMALS.
A. 7865 5
1 A PERSON IS GUILTY OF ENDANGERING THE WELFARE OF ANIMALS WHEN, WITH
2 THE INTENT TO CAUSE INJURY TO AN ANIMAL, OR RECKLESSLY CREATING A RISK
3 THEREOF, SUCH PERSON:
4 1. CREATES A HAZARDOUS OR PHYSICALLY OFFENSIVE CONDITION FOR ANY
5 ANIMAL BY ANY ACT THAT SERVES NO LEGITIMATE PURPOSE; OR
6 2. THROWS, DROPS OR PLACES, OR CAUSES TO BE THROWN, DROPPED OR PLACED
7 IN A PUBLIC PLACE, A SUBSTANCE THAT MIGHT WOUND, DISABLE, OR INJURE ANY
8 ANIMAL.
9 ENDANGERING THE WELFARE OF ANIMALS IS A VIOLATION.
10 S 280.40 ANIMAL ABDUCTION IN THE THIRD DEGREE.
11 A PERSON IS GUILTY OF ANIMAL ABDUCTION IN THE THIRD DEGREE WHEN SUCH
12 PERSON RESTRAINS A COMPANION ANIMAL WITHOUT THE CONSENT OF THE INDIVID-
13 UAL HAVING OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR CUSTODY OVER
14 SAID COMPANION ANIMAL.
15 ANIMAL ABDUCTION IN THE THIRD DEGREE IS A CLASS B MISDEMEANOR.
16 S 280.45 ANIMAL ABDUCTION IN THE SECOND DEGREE.
17 A PERSON IS GUILTY OF ANIMAL ABDUCTION IN THE SECOND DEGREE WHEN SUCH
18 PERSON ABDUCTS A COMPANION ANIMAL WITHOUT THE CONSENT OF THE INDIVIDUAL
19 HAVING OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR CUSTODY OVER SAID
20 COMPANION ANIMAL.
21 ANIMAL ABDUCTION IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR.
22 S 280.50 ANIMAL ABDUCTION IN THE FIRST DEGREE.
23 A PERSON IS GUILTY OF ANIMAL ABDUCTION IN THE FIRST DEGREE WHEN SUCH
24 PERSON ABDUCTS OR RESTRAINS A COMPANION ANIMAL WITHOUT THE CONSENT OF
25 THE INDIVIDUAL HAVING OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR
26 CUSTODY OVER SAID COMPANION ANIMAL, AND WHEN:
27 1. SUCH PERSON'S INTENT IS TO COMPEL THE PAYMENT OR DELIVERANCE OF
28 MONEY OR PROPERTY AS RANSOM, OR TO ENGAGE IN OTHER PARTICULAR CONDUCT,
29 OR TO REFRAIN FROM ENGAGING IN PARTICULAR CONDUCT; OR
30 2. SUCH PERSON CAUSES PHYSICAL INJURY TO THE COMPANION ANIMAL; OR
31 3. THE COMPANION ANIMAL DIES DURING THE ABDUCTION OR BEFORE IT IS ABLE
32 TO RETURN OR BE RETURNED TO SAFETY. SUCH DEATH SHALL BE PRESUMED FROM
33 EVIDENCE THAT THE INDIVIDUAL HAVING OWNERSHIP, POSSESSION, CARE,
34 CONTROL, CHARGE OR CUSTODY OVER SAID COMPANION ANIMAL DID NOT SEE THE
35 ANIMAL FOLLOWING THE TERMINATION OF THE ABDUCTION AND PRIOR TO TRIAL AND
36 RECEIVED NO RELIABLE INFORMATION DURING SUCH PERIOD PERSUASIVELY INDI-
37 CATING THAT SUCH ANIMAL WAS ALIVE.
38 ANIMAL ABDUCTION IN THE FIRST DEGREE IS A CLASS D FELONY.
39 S 280.55 UNAUTHORIZED POSSESSION OF ANIMAL PRESUMPTIVE EVIDENCE OF
40 RESTRAINT AND ABDUCTION.
41 THE UNAUTHORIZED POSSESSION OF A COMPANION ANIMAL BY ANY PERSON WITH-
42 OUT THE CONSENT OF THE INDIVIDUAL HAVING OWNERSHIP, POSSESSION, CARE,
43 CONTROL, CHARGE OR CUSTODY OVER SAID COMPANION ANIMAL, FOR A PERIOD
44 EXCEEDING TEN DAYS, WITHOUT NOTIFYING EITHER SAID INDIVIDUAL, THE LOCAL
45 POLICE AUTHORITIES, THE LOCAL MUNICIPAL SHELTER OR POUND OR THE OFFICE
46 OF THE SUPERINTENDENT OF THE STATE POLICE LOCATED IN ALBANY, NEW YORK,
47 OF SUCH POSSESSION, SHALL BE PRESUMPTIVE EVIDENCE OF RESTRAINT AND
48 ABDUCTION.
49 S 280.60 APPROPRIATE SHELTER FOR DOGS LEFT OUTDOORS.
50 1. FOR PURPOSES OF THIS SECTION:
51 (A) "PHYSICAL CONDITION" SHALL INCLUDE ANY SPECIAL MEDICAL NEEDS OF A
52 DOG DUE TO DISEASE, ILLNESS, INJURY, AGE OR BREED ABOUT WHICH THE OWNER
53 OR PERSON WITH CUSTODY OR CONTROL OF THE DOG SHOULD REASONABLY BE AWARE.
54 (B) "INCLEMENT WEATHER" SHALL MEAN WEATHER CONDITIONS THAT ARE LIKELY
55 TO ADVERSELY AFFECT THE HEALTH OR SAFETY OF THE DOG, INCLUDING BUT NOT
56 LIMITED TO RAIN, SLEET, ICE, SNOW, WIND, OR EXTREME HEAT AND COLD.
A. 7865 6
1 (C) "DOGS THAT ARE LEFT OUTDOORS" SHALL MEAN DOGS THAT ARE OUTDOORS IN
2 INCLEMENT WEATHER WITHOUT READY ACCESS TO, OR THE ABILITY TO ENTER, A
3 HOUSE, APARTMENT BUILDING, OFFICE BUILDING, OR ANY OTHER PERMANENT
4 STRUCTURE THAT COMPLIES WITH THE STANDARDS ENUMERATED IN PARAGRAPH (B)
5 OF SUBDIVISION THREE OF THIS SECTION.
6 2. (A) ANY PERSON WHO OWNS OR HAS CUSTODY OR CONTROL OF A DOG THAT IS
7 LEFT OUTDOORS SHALL PROVIDE IT WITH SHELTER APPROPRIATE TO ITS BREED,
8 PHYSICAL CONDITION AND CLIMATE. ANY PERSON WHO KNOWINGLY VIOLATES THE
9 PROVISIONS OF THIS SECTION SHALL BE GUILTY OF A VIOLATION, PUNISHABLE BY
10 A FINE OF NOT LESS THAN FIFTY DOLLARS NOR MORE THAN ONE HUNDRED DOLLARS
11 FOR A FIRST OFFENSE, AND A FINE OF NOT LESS THAN ONE HUNDRED DOLLARS NOR
12 MORE THAN TWO HUNDRED FIFTY DOLLARS FOR A SECOND AND SUBSEQUENT OFFENSE.
13 BEGINNING SEVENTY-TWO HOURS AFTER A CHARGE OF VIOLATING THIS SECTION,
14 EACH DAY THAT A DEFENDANT FAILS TO CORRECT THE DEFICIENCIES IN THE DOG
15 SHELTER FOR A DOG THAT HE OR SHE OWNS OR THAT IS IN HIS OR HER CUSTODY
16 OR CONTROL AND THAT IS LEFT OUTDOORS, SO AS TO BRING IT INTO COMPLIANCE
17 WITH THE PROVISIONS OF THIS SECTION SHALL CONSTITUTE A SEPARATE OFFENSE.
18 (B) THE COURT MAY, IN ITS DISCRETION, REDUCE THE AMOUNT OF ANY FINE
19 IMPOSED FOR A VIOLATION OF THIS SECTION BY THE AMOUNT WHICH THE DEFEND-
20 ANT PROVES HE OR SHE HAS SPENT PROVIDING A DOG SHELTER OR REPAIRING AN
21 EXISTING DOG SHELTER SO THAT IT COMPLIES WITH THE REQUIREMENTS OF THIS
22 SECTION. NOTHING IN THIS PARAGRAPH SHALL PREVENT THE SEIZURE OF A DOG
23 FOR A VIOLATION OF THIS SECTION PURSUANT TO THE AUTHORITY GRANTED IN
24 THIS ARTICLE.
25 3. MINIMUM STANDARDS FOR DETERMINING WHETHER SHELTER IS APPROPRIATE TO
26 A DOG'S BREED, PHYSICAL CONDITION AND THE CLIMATE SHALL INCLUDE:
27 (A) FOR DOGS THAT ARE RESTRAINED IN ANY MANNER OUTDOORS, SHADE BY
28 NATURAL OR ARTIFICIAL MEANS TO PROTECT THE DOG FROM DIRECT SUNLIGHT AT
29 ALL TIMES WHEN EXPOSURE TO SUNLIGHT IS LIKELY TO THREATEN THE HEALTH OF
30 THE DOG.
31 (B) FOR ALL DOGS THAT ARE LEFT OUTDOORS IN INCLEMENT WEATHER, A HOUS-
32 ING FACILITY, WHICH MUST: (1) HAVE A WATERPROOF ROOF; (2) BE STRUC-
33 TURALLY SOUND WITH INSULATION APPROPRIATE TO LOCAL CLIMATIC CONDITIONS
34 AND SUFFICIENT TO PROTECT THE DOG FROM INCLEMENT WEATHER; (3) BE
35 CONSTRUCTED TO ALLOW EACH DOG ADEQUATE FREEDOM OF MOVEMENT TO MAKE
36 NORMAL POSTURAL ADJUSTMENTS, INCLUDING THE ABILITY TO STAND UP, TURN
37 AROUND AND LIE DOWN WITH ITS LIMBS OUTSTRETCHED; AND (4) ALLOW FOR
38 EFFECTIVE REMOVAL OF EXCRETIONS, OTHER WASTE MATERIAL, DIRT AND TRASH.
39 THE HOUSING FACILITY AND THE AREA IMMEDIATELY SURROUNDING IT SHALL BE
40 REGULARLY CLEANED TO MAINTAIN A HEALTHY AND SANITARY ENVIRONMENTAL AND
41 TO MINIMIZE HEALTH HAZARDS.
42 4. INADEQUATE SHELTER MAY BE INDICATED BY THE APPEARANCE OF THE HOUS-
43 ING FACILITY ITSELF, INCLUDING BUT NOT LIMITED TO, SIZE, STRUCTURAL
44 SOUNDNESS, EVIDENCE OF CROWDING WITHIN THE HOUSING FACILITY, HEALTHFUL
45 ENVIRONMENT IN THE AREA IMMEDIATELY SURROUNDING SUCH FACILITY, OR BY THE
46 APPEARANCE OR PHYSICAL CONDITION OF THE DOG.
47 5. UPON A FINDING OF ANY VIOLATION OF THIS SECTION, ANY DOG OR DOGS
48 SEIZED PURSUANT TO THE PROVISIONS OF THIS ARTICLE THAT HAVE NOT BEEN
49 VOLUNTARILY SURRENDERED BY THE OWNER OR CUSTODIAN OR FORFEITED PURSUANT
50 TO COURT ORDER SHALL BE RETURNED TO THE OWNER OR CUSTODIAN ONLY UPON
51 PROOF THAT APPROPRIATE SHELTER AS REQUIRED BY THIS SECTION IS BEING
52 PROVIDED.
53 6. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO AFFECT ANY
54 PROTECTIONS AFFORDED TO DOGS OR OTHER ANIMALS UNDER ANY OTHER PROVISIONS
55 OF THIS ARTICLE.
A. 7865 7
1 FAILURE TO PROVIDE APPROPRIATE SHELTER FOR DOGS LEFT OUTDOORS IS A
2 VIOLATION.
3 S 280.65 CONFINEMENT OF COMPANION ANIMALS IN VEHICLES; EXTREME TEMPER-
4 ATURES.
5 1. A PERSON SHALL NOT CONFINE A COMPANION ANIMAL IN A MOTOR VEHICLE IN
6 EXTREME HEAT OR COLD WITHOUT PROPER VENTILATION OR OTHER PROTECTION FROM
7 SUCH EXTREME TEMPERATURES WHERE SUCH CONFINEMENT PLACES THE COMPANION
8 ANIMAL IN IMMINENT DANGER OF DEATH OR SERIOUS PHYSICAL INJURY DUE TO
9 EXPOSURE TO SUCH EXTREME HEAT OR COLD.
10 2. WHERE THE OPERATOR OF SUCH A VEHICLE CANNOT BE PROMPTLY LOCATED, A
11 POLICE OFFICER, PEACE OFFICER, OR PEACE OFFICER ACTING AS AN AGENT OF A
12 DULY INCORPORATED HUMANE SOCIETY MAY TAKE NECESSARY STEPS TO REMOVE THE
13 ANIMAL OR ANIMALS FROM THE VEHICLE.
14 3. POLICE OFFICERS, PEACE OFFICERS OR PEACE OFFICERS ACTING AS AGENTS
15 OF A DULY INCORPORATED HUMANE SOCIETY REMOVING AN ANIMAL OR ANIMALS FROM
16 A VEHICLE PURSUANT TO THIS SECTION SHALL PLACE A WRITTEN NOTICE ON OR IN
17 THE VEHICLE, BEARING THE NAME OF THE OFFICER OR AGENT, AND THE DEPART-
18 MENT OR AGENCY AND ADDRESS WHERE THE ANIMAL OR ANIMALS WILL BE TAKEN.
19 4. AN ANIMAL OR ANIMALS REMOVED FROM A VEHICLE PURSUANT TO THIS
20 SECTION SHALL, AFTER RECEIPT OF ANY NECESSARY EMERGENCY VETERINARY
21 TREATMENT, BE DELIVERED TO THE DULY INCORPORATED HUMANE SOCIETY OR SOCI-
22 ETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, OR DESIGNATED AGENT THERE-
23 OF, IN THE JURISDICTION WHERE THE ANIMAL OR ANIMALS WERE SEIZED.
24 5. ANY PERSON WHO KNOWINGLY VIOLATES THE PROVISIONS OF SUBDIVISION ONE
25 OF THIS SECTION SHALL BE GUILTY OF A VIOLATION, PUNISHABLE BY A FINE OF
26 NOT LESS THAN FIFTY DOLLARS NOR MORE THAN ONE HUNDRED DOLLARS FOR A
27 FIRST OFFENSE, AND A FINE OF NOT LESS THAN ONE HUNDRED DOLLARS NOR MORE
28 THAN TWO HUNDRED FIFTY DOLLARS FOR A SECOND AND SUBSEQUENT OFFENSES.
29 6. OFFICERS SHALL NOT BE HELD CRIMINALLY OR CIVILLY LIABLE FOR ACTIONS
30 TAKEN REASONABLY AND IN GOOD FAITH IN CARRYING OUT THE PROVISIONS OF
31 THIS SECTION.
32 7. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO AFFECT ANY
33 OTHER PROTECTIONS AFFORDED TO COMPANION ANIMALS UNDER ANY OTHER
34 PROVISIONS OF THIS ARTICLE.
35 CONFINEMENT OF COMPANION ANIMALS IN VEHICLES; EXTREME TEMPERATURES IS
36 A VIOLATION.
37 S 280.70 LEAVING NEW YORK STATE TO AVOID PROVISIONS OF THIS ARTICLE.
38 A PERSON WHO LEAVES THIS STATE WITH INTENT TO ELUDE ANY OF THE
39 PROVISIONS OF THIS ARTICLE OR TO COMMIT ANY ACT OUT OF THIS STATE WHICH
40 IS PROHIBITED BY THEM OR WHO, BEING A RESIDENT OF THIS STATE, DOES ANY
41 ACT WITHOUT THIS STATE, PURSUANT TO SUCH INTENT, WHICH WOULD BE PUNISHA-
42 BLE UNDER SUCH PROVISIONS, IF COMMITTED WITHIN THIS STATE, IS PUNISHABLE
43 IN THE SAME MANNER AS IF SUCH ACT HAD BEEN COMMITTED WITHIN THIS STATE.
44 S 280.75 EVIDENTIARY AND IMPOUNDMENT PROCEDURES BY MEMBERS OF LAW
45 ENFORCEMENT.
46 MATTERS RELATING TO THE SEIZURE, ADOPTION, CARE, DISPOSITION AND
47 DESTRUCTION OF ANIMALS BY MEMBERS OF LAW ENFORCEMENT AND MEMBERS OF A
48 DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS
49 CHARGED TO ENFORCE THIS ARTICLE, ANCILLARY TO SUCH ENFORCEMENT OF THIS
50 ARTICLE, SHALL BE GOVERNED BY ARTICLE TWENTY-SIX OF THE AGRICULTURE AND
51 MARKETS LAW AND ARTICLE SIX HUNDRED NINETY OF THE CRIMINAL PROCEDURE
52 LAW.
53 S 280.80 SPECIAL SENTENCING PROVISIONS APPLICABLE.
54 IN ADDITION TO ANY OTHER PENALTY PROVIDED BY LAW, THE SENTENCING
55 PROVISIONS CONTAINED IN THE AGRICULTURE AND MARKETS LAW SHALL BE APPLI-
56 CABLE TO VIOLATIONS OF THIS ARTICLE.
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1 S 280.85 LIMITATIONS OF APPLICATION.
2 1. THIS ARTICLE DOES NOT APPLY TO:
3 (A) ANY DOG THE SERVICE OF WHICH IS EMPLOYED AS A LIVESTOCK GUARDIAN
4 DOG OR GUARD DOG TO DEFEND AND/OR PROTECT LIVESTOCK AND/OR CROPS AS
5 DEFINED IN SECTION THREE HUNDRED ONE OF THE AGRICULTURE AND MARKETS LAW;
6 OR
7 (B) ANY DOG IN THE PROCESS OF BEING TRAINED OR HAVING SUCCESSFULLY
8 BEEN TRAINED IN THE MANAGEMENT OF LIVESTOCK BY THE OWNER, HIS OR HER
9 EMPLOYEES OR AGENTS, OR ANY OTHER PERSON HAVING LAWFUL CUSTODY OF LIVE-
10 STOCK.
11 2. THIS ARTICLE SHALL NEITHER ENLARGE NOR DIMINISH THE RIGHTS OF
12 PARTIES IN CIVIL LITIGATION.
13 S 2. The penal law is amended by adding a new section 60.22 to read as
14 follows:
15 S 60.22 AUTHORIZED DISPOSITIONS; PROMOTING ANIMAL FIGHTING.
16 WHEN A PERSON IS CONVICTED OF AN OFFENSE DEFINED IN SECTION 280.05 OF
17 THIS CHAPTER, IN ADDITION TO THE OTHER PENALTIES AS PROVIDED IN THIS
18 CHAPTER, THE COURT MAY IMPOSE A FINE WHICH SHALL NOT EXCEED FIFTEEN
19 THOUSAND DOLLARS. WHEN A PERSON IS CONVICTED OF AN OFFENSE DEFINED IN
20 SECTION 280.10 OF THIS CHAPTER, THE COURT MAY IMPOSE A FINE WHICH SHALL
21 NOT EXCEED TWENTY-FIVE THOUSAND DOLLARS.
22 S 3. Paragraph (c) of subdivision 1 of section 70.02 of the penal law,
23 as amended by chapter 1 of the laws of 2013, is amended to read as
24 follows:
25 (c) Class D violent felony offenses: an attempt to commit any of the
26 class C felonies set forth in paragraph (b); reckless assault of a child
27 as defined in section 120.02, assault in the second degree as defined in
28 section 120.05, menacing a police officer or peace officer as defined in
29 section 120.18, stalking in the first degree, as defined in subdivision
30 one of section 120.60, strangulation in the second degree as defined in
31 section 121.12, rape in the second degree as defined in section 130.30,
32 criminal sexual act in the second degree as defined in section 130.45,
33 sexual abuse in the first degree as defined in section 130.65, course of
34 sexual conduct against a child in the second degree as defined in
35 section 130.80, aggravated sexual abuse in the third degree as defined
36 in section 130.66, facilitating a sex offense with a controlled
37 substance as defined in section 130.90, criminal possession of a weapon
38 in the third degree as defined in subdivision five, six, seven, eight,
39 nine or ten of section 265.02, criminal sale of a firearm in the third
40 degree as defined in section 265.11, intimidating a victim or witness in
41 the second degree as defined in section 215.16, soliciting or providing
42 support for an act of terrorism in the second degree as defined in
43 section 490.10, and making a terroristic threat as defined in section
44 490.20, falsely reporting an incident in the first degree as defined in
45 section 240.60, placing a false bomb or hazardous substance in the first
46 degree as defined in section 240.62, placing a false bomb or hazardous
47 substance in a sports stadium or arena, mass transportation facility or
48 enclosed shopping mall as defined in section 240.63, [and] aggravated
49 unpermitted use of indoor pyrotechnics in the first degree as defined in
50 section 405.18, AND ANIMAL CRUELTY IN THE FIRST DEGREE AS DEFINED IN
51 SUBDIVISION ONE, TWO OR THREE OF SECTION 280.25.
52 S 4. Section 195.06 of the penal law, as added by chapter 42 of the
53 laws of 1986, is amended to read as follows:
54 S 195.06 Killing or injuring a police animal.
55 A person is guilty of killing or injuring a police animal when such
56 person intentionally kills or injures any animal while such animal is in
A. 7865 9
1 the performance of its duties and under the supervision of a police or
2 peace officer.
3 Killing or injuring a police animal is a class [A misdemeanor] D FELO-
4 NY.
5 S 5. Section 195.11 of the penal law, as added by chapter 344 of the
6 laws of 1989, is amended to read as follows:
7 S 195.11 Harming an animal trained to aid a person with a disability in
8 the second degree.
9 A person is guilty of harming an animal trained to aid a person with a
10 disability in the second degree when such person intentionally causes
11 physical injury to such animal while it is in the performance of aiding
12 a person with a disability, and thereby renders such animal incapable of
13 providing such aid to such person, or to another person with a disabili-
14 ty.
15 For purposes of this section and section 195.12 of this article, the
16 term "disability" means "disability" as defined in subdivision twenty-
17 one of section two hundred ninety-two of the executive law.
18 Harming an animal trained to aid a person with a disability in the
19 second degree is a class [B] A misdemeanor.
20 S 6. Section 195.12 of the penal law, as added by chapter 344 of the
21 laws of 1989, is amended to read as follows:
22 S 195.12 Harming an animal trained to aid a person with a disability in
23 the first degree.
24 A person is guilty of harming an animal trained to aid a person with a
25 disability in the first degree when such person:
26 1. intentionally causes physical injury to such animal while it is in
27 the performance of aiding a person with a disability, and thereby
28 renders such animal permanently incapable of providing such aid to such
29 person, or to another person with a disability; or
30 2. intentionally kills such animal while it is in the performance of
31 aiding a person with a disability.
32 Harming an animal trained to aid a person with a disability in the
33 first degree is a class [A misdemeanor] D FELONY.
34 S 7. Subdivision 2 of section 265.01 of the penal law, as amended by
35 chapter 1 of the laws of 2013, is amended to read as follows:
36 (2) He OR SHE possesses any dagger, dangerous knife, dirk, razor,
37 stiletto, imitation pistol, or any other dangerous or deadly instrument
38 or weapon with intent to use the same unlawfully against another PERSON
39 OR ANIMAL; or
40 S 8. Severability clause. If any clause, sentence, paragraph, subdivi-
41 sion, section or part of this act shall be adjudged by any court of
42 competent jurisdiction to be invalid, such judgement shall not affect,
43 impair, or invalidate the remainder thereof, but shall be confined in
44 its operation to the clause, sentence, paragraph, subdivision, section
45 or part thereof directly involved in the controversy in which such
46 judgement shall have been rendered. It is hereby declared to be the
47 intent of the legislature that this act would have been enacted even if
48 such invalid provisions had not been included herein.
49 S 9. This act shall take effect on the first of November next succeed-
50 ing the date on which it shall have become a law.