Bill Text: NY A00634 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to promoting understanding, awareness and enforcement of animal crime laws.
Spectrum: Moderate Partisan Bill (Democrat 26-6)
Status: (Introduced - Dead) 2020-01-08 - referred to agriculture [A00634 Detail]
Download: New_York-2019-A00634-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 634 2019-2020 Regular Sessions IN ASSEMBLY (Prefiled) January 9, 2019 ___________ Introduced by M. of A. L. ROSENTHAL, ENGLEBRIGHT, FAHY, JAFFEE, COLTON, OTIS, THIELE, ORTIZ, MONTESANO, STECK, WEPRIN, DAVILA, CUSICK, SANTA- BARBARA, MOSLEY, ZEBROWSKI, PALUMBO, RAIA, BENEDETTO, BARRETT, PAULIN, M. G. MILLER, SEAWRIGHT, DiPIETRO -- Multi-Sponsored by -- M. of A. GALEF, GARBARINO, GLICK, HEVESI, LUPARDO, McDONOUGH, SIMON, SOLAGES -- 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 § 350. Definitions. 1. "Animal[,]", as used in this article, includes 7 every living creature except a human being; 8 2. ["Torture" or "cruelty"] "Cruelty" includes every act, omission, or 9 neglect, whereby unjustifiable physical pain, suffering or death is 10 caused or permitted and shall include but not be limited to, any act of 11 overdriving, overloading, injuring, maiming, mutilating or killing an 12 animal. 13 2-a. "Torture" means conduct that is intended to cause extreme phys- 14 ical pain. 15 3. "Adoption" means the delivery [to any natural person eighteen years16of age or older, for the limited purpose of harboring a pet, of any dog17or cat, seized or surrendered] of any animal forfeited, seized or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00947-01-9A. 634 2 1 surrendered, to any natural person eighteen years of age or older, for 2 the purpose of that person permanently harboring such animal as a pet. 3 4. "Farm animal", as used in this article, means any ungulate, poul- 4 try, species of cattle, sheep, swine, goats, llamas, horses or fur-bear- 5 ing animals, as defined in section 11-1907 of the environmental conser- 6 vation law, which are raised for commercial or subsistence purposes. 7 Fur-bearing animal, as referenced in this article, shall not include 8 dogs or cats. 9 5. "Companion animal" or "pet" means any dog or cat, and shall also 10 mean any other domesticated animal normally maintained in or near the 11 household of the owner or person who cares for such other domesticated 12 animal. ["Pet" or "companion] "Companion animal" or "pet" shall not 13 include a "farm animal" as defined in this section. 14 6. "Animal cruelty offense" means any violation of this article or of 15 article two hundred eighty of the penal law, or any other unlawful act 16 by which harm is intentionally, knowingly, recklessly or negligently 17 caused or permitted to occur to an animal. 18 7. "Duly incorporated society for the prevention of cruelty to 19 animals", as used in this article, shall mean a corporation constituted 20 pursuant to the provisions of subdivision (g) of section four hundred 21 four and section fourteen hundred three of the not-for-profit corpo- 22 ration law. 23 § 2. Sections 351, 353, 353-a, 353-b, 353-d, 355, 360, 361 and 362 of 24 the agriculture and markets law are REPEALED. 25 § 3. Section 365 of the agriculture and markets law, as amended by 26 chapter 458 of the laws of 1985, is amended to read as follows: 27 § 365. Clipping or cutting the ears of dogs. 1. Whoever clips or cuts 28 off or causes or procures another to clip or cut off the whole or any 29 part of an ear of any dog unless an anaesthetic shall have been given to 30 the dog and the operation performed by a licensed veterinarian, is guil- 31 ty of a misdemeanor, punishable by imprisonment for not more than one 32 year, or a fine of not more than one thousand dollars, or by both. 33 2. [The provisions of this section shall not apply to any dog or34person who is the owner or possessor of any dog whose ear or a part35thereof has been clipped or cut off prior to September first, nineteen36hundred twenty-nine.373.] Each applicant for a dog license must state on such application 38 whether any ear of the dog for which he applies for such license has 39 been cut off wholly or in part. 40 [4.] 3. Nothing herein contained shall be construed as preventing any 41 dog whose ear or ears shall have been clipped or cut off wholly or in 42 part, not in violation of this section, from being imported into the 43 state exclusively for breeding purposes. 44 § 4. Section 369 of the agriculture and markets law, as amended by 45 chapter 458 of the laws of 1985, is amended to read as follows: 46 § 369. Interference with officers. Any person who shall interfere with 47 or obstruct any constable or police officer or any officer or agent of 48 any duly incorporated society for the prevention of cruelty to animals 49 in the discharge of his duty to enforce the laws relating to animals, 50 including those provisions contained in article two hundred eighty of 51 the penal law, shall be guilty of a misdemeanor, punishable by imprison- 52 ment for not more than one year, or by a fine of not more than one thou- 53 sand dollars, or by both. 54 § 5. Section 371 of the agriculture and markets law, as amended by 55 chapter 573 of the laws of 1978, is amended to read as follows:A. 634 3 1 § 371. Powers of peace officers. A constable or police officer must, 2 and any agent or officer of any duly incorporated society for the 3 prevention of cruelty to animals may issue an appearance ticket pursuant 4 to section 150.20 of the criminal procedure law, summon or arrest, and 5 bring before a court or magistrate having jurisdiction, any person 6 offending against any of the provisions of this article [twenty-six of7the agriculture and markets law] or any provisions of article two 8 hundred eighty of the penal law. Any officer or agent of any of said 9 societies may lawfully interfere to prevent the perpetration of any act 10 of cruelty upon any animal in his or her presence. Any of said societies 11 may prefer a complaint before any court, tribunal or magistrate having 12 jurisdiction, for the violation of any law relating to or affecting 13 animals and may aid in presenting the law and facts before such court, 14 tribunal or magistrate in any proceeding taken. 15 § 6. Subdivision 6 of section 373 of the agriculture and markets law, 16 as amended by chapter 256 of the laws of 1997, paragraph a as amended by 17 chapter 289 of the laws of 2018, subparagraph 1 of paragraph b as 18 amended by chapter 531 of the laws of 2013 and subparagraph 2 of para- 19 graph b as amended by section 24 of part T of chapter 59 of the laws of 20 2010, is amended to read as follows: 21 6. a. If any animal is seized [and] or impounded pursuant to the 22 provisions of this section, [section three hundred fifty-three-d of this23article] or section three hundred seventy-five of this article, or 24 pursuant to the provisions of article six hundred ninety of the criminal 25 procedure law, for any violation of this article, any violation of arti- 26 cle two hundred eighty of the penal law or in connection with the arrest 27 for an animal cruelty offense, then, upon arraignment of charges, or 28 within a reasonable time thereafter, [the] a duly incorporated society 29 for the prevention of cruelty to animals, humane society, pound, animal 30 shelter, sheriff, municipal police department, district attorney or any 31 authorized agents thereof, hereinafter referred to for the purposes of 32 this section as the "impounding organization", may file a petition with 33 the court in which criminal charges have been filed requesting that the 34 person from whom an animal is seized or the owner of the animal be 35 ordered to post a security. The district attorney prosecuting the charg- 36 es may file and obtain the requested relief on behalf of the impounding 37 organization if requested to do so by the impounding organization. The 38 security shall be in an amount sufficient to secure payment for all 39 reasonable expenses expected to be incurred by the impounding organiza- 40 tion in caring and providing for the animal pending disposition of the 41 charges. Reasonable expenses shall include, but not be limited to, esti- 42 mated medical care and boarding of the animal for at least thirty days. 43 The amount of the security, if any, shall be determined by the court 44 after taking into consideration all of the facts and circumstances of 45 the case including, but not limited to the recommendation of the 46 impounding organization having custody and care of the seized animal and 47 the cost of caring for the animal. If a security has been posted in 48 accordance with this section, the impounding organization may draw from 49 the security the actual reasonable costs to be incurred by such organ- 50 ization in caring for the seized animal. 51 b. (1) Upon receipt of a petition pursuant to paragraph a of this 52 subdivision the court shall set a hearing on the petition to be 53 conducted within ten business days of the filing of such petition. The 54 petitioner shall serve a true copy of the petition upon the defendant 55 and the district attorney if the district attorney has not filed the 56 petition on behalf of the petitioner. The petitioner shall also serve aA. 634 4 1 true copy of the petition on any interested person. For purposes of this 2 subdivision, interested person shall mean an individual, partnership, 3 firm, joint stock company, corporation, association, trust, estate or 4 other legal entity who the court determines may have a pecuniary inter- 5 est in the animal which is the subject of the petition. The petitioner 6 or the district attorney acting on behalf of the petitioner, shall have 7 the burden of proving by a preponderance of the evidence that the person 8 from whom the animal was seized violated a provision of this article. 9 The court may waive for good cause shown the posting of security. 10 (2) If the court orders the posting of a security, the security shall 11 be posted with the clerk of the court within five business days of the 12 hearing provided for in subparagraph one of this paragraph. The court 13 may order the immediate forfeiture of the seized animal to the impound- 14 ing organization if the person ordered to post the security fails to do 15 so. Any animal forfeited shall be made available for adoption or euthan- 16 ized subject to subdivision seven-a of section one hundred seventeen of 17 this chapter or section three hundred seventy-four of this article. 18 (3) In the case of an animal other than a companion animal or pet, if 19 a person ordered to post security fails to do so, the court may, in 20 addition to the forfeiture to [a duly incorporated society for the21prevention of cruelty to animals, humane society, pound, animal shelter22or any authorized agents thereof] the impounding organization, and 23 subject to the restrictions of sections three hundred fifty-four, three 24 hundred fifty-seven and three hundred seventy-four of this article, 25 order the animal which was the basis of the order to be sold, provided 26 that all interested persons shall first be provided the opportunity to 27 redeem their interest in the animal and to purchase the interest of the 28 person ordered to post security, subject to such conditions as the court 29 deems appropriate to assure proper care and treatment of the animal. The 30 court may reimburse the person ordered to post security and any inter- 31 ested persons any money earned by the sale of the animal less any costs 32 including, but not limited to, veterinary and custodial care. Any animal 33 determined by the court to be maimed, diseased, disabled or infirm so as 34 to be unfit for sale or any useful purpose shall be forfeited to [a duly35incorporated society for the prevention of cruelty to animals or a duly36incorporated humane society] the impounding organization or authorized 37 agents thereof, and be available for adoption or shall be euthanized 38 subject to section three hundred seventy-four of this article. 39 (4) Nothing in this section shall be construed to limit or restrict in 40 any way the rights of a secured party having a security interest in any 41 animal described in this section. This section expressly does not impair 42 or subordinate the rights of such a secured lender having a security 43 interest in the animal or in the proceeds from the sale of such animal. 44 c. In no event shall the security prevent the impounding organization 45 having custody and care of the animal from disposing of the animal 46 pursuant to section three hundred seventy-four of this article prior to 47 the expiration of the thirty day period covered by the security if the 48 court makes a determination of the charges against the person from whom 49 the animal was seized prior thereto. Upon receipt of a petition from the 50 impounding organization, the court may order the person from whom the 51 animal was seized or the owner of the animal to post an additional secu- 52 rity with the clerk of the court to secure payment of reasonable 53 expenses for an additional period of time pending a determination by the 54 court of the charges against the person from whom the animal was seized. 55 The person who posted the security shall be entitled to a refund of the 56 security in whole or part for any expenses not incurred by such impound-A. 634 5 1 ing organization upon adjudication of the charges. The person who posted 2 the security shall be entitled to a full refund of the security, includ- 3 ing reimbursement by the impounding organization of any amount allowed 4 by the court to be expended, and the return of the animal seized and 5 impounded upon acquittal or dismissal of the charges, except where the 6 dismissal is based upon an adjournment in contemplation of dismissal 7 pursuant to section 215.30 of the criminal procedure law. The court 8 order directing such refund and reimbursement shall provide for payment 9 to be made within a reasonable time from the acquittal or dismissal of 10 charges. 11 § 7. Subdivision 8 of section 374 of the agriculture and markets law 12 is REPEALED. 13 § 8. Section 380 of the agriculture and markets law, as added by chap- 14 ter 470 of the laws of 2017, is renumbered section 381 and a new section 15 382 is added to read as follows: 16 § 382. Special sentencing provisions. In addition to any other penal- 17 ty provided by law, a court may impose the following sentences upon a 18 conviction for any animal cruelty offense: 19 1. The convicted person may, after a duly held hearing pursuant to 20 subdivision six of this section, be ordered by the court to forfeit, to 21 an animal shelter, pound, sheriff, municipal police department, district 22 attorney, a duly incorporated society for the prevention of cruelty to 23 animals or a duly incorporated humane society or authorized agents ther- 24 eof, the animal or animals which are the basis of the conviction. Upon 25 such an order of forfeiture, the convicted person shall be deemed to 26 have relinquished all rights to the animals which are the basis of the 27 conviction, except those granted in subdivision two of this section. 28 2. In the case of farm animals, the court may, in addition to the 29 forfeiture to an animal shelter, pound, sheriff, municipal police 30 department, district attorney, a duly incorporated society for the 31 prevention of cruelty to animals or a duly incorporated humane society 32 or authorized agents thereof, and subject to the restrictions of 33 sections three hundred fifty-four and three hundred fifty-seven of this 34 article, order the farm animals which were the basis of the conviction 35 to be sold. In no case shall farm animals which are the basis of the 36 conviction be redeemed by the convicted person who is the subject of the 37 order of forfeiture or by any person charged with an animal cruelty 38 offense for conspiring, aiding or abetting in the unlawful act which was 39 the basis of the conviction, or otherwise acting as an accomplice if 40 such charge has not yet been adjudicated. The court shall reimburse the 41 convicted person and any duly determined interested persons, pursuant to 42 subdivision six of this section, any money earned by the sale of the 43 farm animals less any costs including, but not limited to, veterinary 44 and custodial care, and any fines or penalties imposed by the court. The 45 court may order that the subject animals be provided with appropriate 46 care and treatment pending the hearing and the disposition of the charg- 47 es. Any farm animal ordered forfeited but not sold shall be remanded to 48 the custody and charge of an animal shelter, pound, sheriff, municipal 49 police department, district attorney, a duly incorporated society for 50 the prevention of cruelty to animals or duly incorporated humane society 51 or its authorized agent thereof and disposed of pursuant to subdivision 52 five of this section. 53 3. The court may order that the convicted person shall not own, 54 harbor, or have custody or control of any other animals, other than farm 55 animals, for a period of time which the court deems reasonable. In 56 making its determination of what period of time is reasonable, the courtA. 634 6 1 shall take into account the totality of the circumstances before it and 2 be bound to no single factor. Such order must be in writing and specif- 3 ically state the period of time imposed. 4 4. No dog or cat in the custody of a duly incorporated society for 5 the prevention of cruelty to animals, a duly incorporated humane society 6 or its authorized agents thereof, or a pound or shelter, shall be sold, 7 transferred or otherwise made available to any person for the purpose of 8 research, experimentation or testing. No authorized agent of a duly 9 incorporated society for the prevention of cruelty to animals, nor of a 10 duly incorporated humane society, shall use any animal placed in its 11 custody by the duly incorporated society for the prevention of cruelty 12 to animals or duly incorporated humane society for the purpose of 13 research, experimentation or testing. 14 5. An animal shelter, pound, sheriff, municipal police department, 15 district attorney, a duly incorporated society for the prevention of 16 cruelty to animals or a duly incorporated humane society in charge of 17 animals forfeited pursuant to subdivision one or two of this section 18 may, in its discretion, lawfully and without liability, adopt them to 19 individuals other than the convicted person or person charged with an 20 animal cruelty offense for conspiring, aiding or abetting in the unlaw- 21 ful act which was the basis of the conviction, or otherwise acting as an 22 accomplice if such charge has not yet been adjudicated, or humanely 23 dispose of them subject to section three hundred seventy-four of this 24 article. 25 6. (a) Prior to an order of forfeiture of farm animals, a hearing 26 shall be held within thirty days of conviction to determine the pecuni- 27 ary interests of any other person in the farm animals which were the 28 basis of the conviction. Written notice shall be served at least five 29 days prior to the hearing upon all interested persons. In addition, 30 notice shall be made by publication in a local newspaper at least seven 31 days prior to the hearing. For the purposes of this subdivision, inter- 32 ested persons shall mean any individual, partnership, firm, joint stock 33 company, corporation, association, trust, estate, or other legal entity 34 who the court determines may have a pecuniary interest in the farm 35 animals which are the subject of the forfeiture action. 36 (b) All interested persons shall be provided an opportunity at the 37 hearing to redeem their interest as determined by the court in the 38 subject farm animals and to purchase the interest of the convicted 39 person. The convicted person shall be entitled to be reimbursed his or 40 her interest in the farm animals, less any costs, fines or penalties 41 imposed by the court, as specified under subdivision two of this 42 section. In no case shall the court award custody or control of the 43 animals to any interested person who conspired, aided or abetted in the 44 unlawful act which was the basis of the conviction, or who knew or 45 should have known of the unlawful act. 46 7. Nothing in this section shall be construed to limit or restrict in 47 any way the rights of a secured party having a security interest in any 48 farm animal described in this section. This section expressly does not 49 impair or subordinate the rights of such a secured lender having a secu- 50 rity interest in farm animals or in the proceeds from the sale of such 51 farm animals. 52 § 9. Part 3 of the penal law is amended by adding a new title Q to 53 read as follows: 54 TITLE Q 55 OFFENSES AGAINST ANIMALSA. 634 7 1 ARTICLE 280 2 OFFENSES AGAINST ANIMALS 3 Section 280.00 Definitions. 4 280.05 Promoting animal fighting in the second degree. 5 280.10 Promoting animal fighting in the first degree. 6 280.20 Animal cruelty in the second degree. 7 280.25 Animal cruelty in the first degree. 8 280.30 Unlawful dealing with animals used for racing, breeding, 9 or competitive exhibition of skill, breed or stamina. 10 280.35 Endangering the welfare of animals. 11 280.40 Animal abduction in the third degree. 12 280.45 Animal abduction in the second degree. 13 280.50 Animal abduction in the first degree. 14 280.55 Unauthorized possession of animal presumptive evidence of 15 restraint and abduction. 16 280.60 Appropriate shelter for dogs left outdoors. 17 280.65 Confinement of companion animals in vehicles; extreme 18 temperatures. 19 280.70 Leaving New York state to avoid provisions of this arti- 20 cle. 21 280.75 Evidentiary and impoundment procedures by members of law 22 enforcement. 23 280.80 Special sentencing provisions applicable. 24 § 280.00 Definitions. 25 The following definitions are applicable to this article: 26 1. "Animal" includes every living creature except a human being. 27 2. "Cruelty" includes every act, omission, or neglect, whereby unjus- 28 tifiable physical pain, suffering or death is caused or permitted and 29 shall include but not be limited to, any act of overdriving, overload- 30 ing, injuring, maiming, mutilating, or killing an animal. 31 3. "Aggravated cruelty" shall mean an act of cruelty that is done or 32 carried out in a depraved or sadistic manner. 33 4. "Torture" means conduct that is intended to cause extreme pain. 34 5. "Adoption" means the delivery of any animal, seized or surrendered, 35 to any natural person eighteen years of age or older, for the limited 36 purpose of harboring such animal as a pet. 37 6. "Farm animal" means any ungulate, poultry, species of cattle, 38 sheep, swine, goats, llamas, horses or fur-bearing animals, as defined 39 in section 11-1907 of the environmental conservation law, which are 40 raised for commercial or subsistence purposes. "Fur-bearing animal" 41 shall not include dogs or cats. 42 7. "Companion animal" or "pet" means any dog or cat, and shall also 43 mean any other domesticated animal normally maintained in or near the 44 household of the owner or person who cares for such other domesticated 45 animal. "Companion animal" or "pet" shall not include a "farm animal" as 46 defined in this section. 47 8. "Animal fighting" shall mean any fight between cocks or other 48 birds, or between dogs, bulls, bears or any other animals, or between 49 any such animal and a person or persons, except in exhibitions of a kind 50 commonly featured at rodeos. 51 9. "Abandons" means any action taken that reflects willful departure 52 from the ownership, possession, care, control, charge or custody of an 53 animal, without making adequate provisions for the animal's future care. 54 10. "Restrain" means to restrict an animal's movements intentionally 55 and unlawfully in such manner as to interfere substantially with its 56 liberty by moving it from one place to another, or by confining itA. 634 8 1 either in the place where the restriction commences or in a place to 2 which it has been moved, with knowledge that the restriction is unlaw- 3 ful. 4 11. "Abduct" means to restrain an animal with intent to prevent its 5 liberation by secreting or holding it in a place where it is not likely 6 to be found. 7 12. "Animal fighting paraphernalia" shall mean equipment, products, or 8 materials of any kind that are used, intended for use, or designed for 9 use in the training, preparation, conditioning or furtherance of animal 10 fighting. Animal fighting paraphernalia includes: (i) a breaking stick, 11 which means a device designed for insertion behind the molars of a dog 12 for the purpose of breaking the dog's grip on another animal or object; 13 (ii) a cat mill, which means a device that rotates around a central 14 support with one arm designed to secure a dog and one arm designed to 15 secure a cat, rabbit, or other small animal beyond the grasp of the dog; 16 (iii) a treadmill, which means an exercise device consisting of an 17 endless belt on which the animal walks or runs without changing places; 18 (iv) a springpole, which means a biting surface attached to a stretcha- 19 ble device, suspended at a height sufficient to prevent a dog from 20 reaching the biting surface while touching the ground; (v) a fighting 21 pit, which means a walled area, or otherwise defined area, designed to 22 contain an animal fight; and (vi) any other instrument commonly used in 23 the furtherance of pitting an animal against another animal. 24 § 280.05 Promoting animal fighting in the second degree. 25 A person is guilty of promoting animal fighting in the second degree 26 when such person: 27 1. Owns, possesses, or keeps any animal under any circumstance evincing 28 an intent that such animal engage in animal fighting; or 29 2. Pays an admission fee, makes a wager, or is otherwise present at 30 any place where an exhibition of animal fighting is being conducted, and 31 such person has knowledge that such an exhibition is being conducted. 32 3. Owns, possesses, sells, transfers or manufactures animal fighting 33 paraphernalia under any circumstance evincing an intent that such 34 paraphernalia be used to engage in or otherwise promote or facilitate 35 animal fighting. 36 Promoting animal fighting in the second degree is a class A misdemea- 37 nor. 38 § 280.10 Promoting animal fighting in the first degree. 39 A person is guilty of promoting animal fighting in the first degree 40 when such person: 41 1. Intentionally causes an animal to engage in animal fighting; or 42 2. Trains an animal under circumstances evincing an intent that such 43 animal engage in animal fighting; or 44 3. Breeds, transfers, sells or offers for sale an animal under circum- 45 stances evincing an intent that such animal engage in animal fighting; 46 or 47 4. Permits any act described in subdivision one, two or three of this 48 section to occur on premises under his or her control; or 49 5. Owns, possesses or keeps any animal on premises where an exhibition 50 of animal fighting is being conducted under circumstances evincing an 51 intent that such animal engage in animal fighting. 52 Promoting animal fighting in the first degree is a class D felony. 53 § 280.20 Animal cruelty in the second degree. 54 A person is guilty of animal cruelty in the second degree when: 55 1. Having ownership, possession, care, control, charge or custody of 56 an animal, he or she deprives such animal of, or neglects to furnishA. 634 9 1 such animal with, nutrition, hydration, veterinary care, or shelter 2 adequate to maintain the animal's health and comfort, or causes, 3 procures, or permits such animal to be deprived of nutrition, hydration, 4 veterinary care, or shelter adequate to maintain the animal's health and 5 comfort, and he or she knows or reasonably should know that such animal 6 is not receiving adequate nutrition, hydration, veterinary care or shel- 7 ter; or 8 2. Having ownership, possession, care, control, charge or custody of 9 an animal, he or she abandons such animal; or 10 3. Having no justifiable purpose, he or she knowingly instigates, 11 engages in, or in any way furthers cruelty to an animal, or any act 12 tending to produce such cruelty; or 13 4. Having no justifiable purpose, he or she administers or exposes any 14 poisonous or noxious drug or substance to an animal, with intent that 15 the animal take the same and with intent to injure the animal. 16 Nothing contained in this section shall be construed to prohibit or 17 interfere in any way with anyone lawfully engaged in hunting, trapping, 18 or fishing, as provided in article eleven of the environmental conserva- 19 tion law, the dispatch of rabid or diseased animals, as provided in 20 article twenty-one of the public health law, or the dispatch of animals 21 posing a threat to human safety or other animals, where such action is 22 otherwise legally authorized. Nothing herein contained shall be 23 construed to prohibit or interfere with any properly conducted scientif- 24 ic tests, experiments, or investigations involving the use of living 25 animals, performed or conducted in laboratories or institutions, which 26 are approved for these purposes by the commissioner of health. The 27 commissioner of health shall prescribe the rules under which such 28 approvals shall be granted, including therein standards regarding the 29 care and treatment of any such animals. Such rules shall be published 30 and copies thereof conspicuously posted in each such laboratory or 31 institution. The state commissioner of health or his or her duly author- 32 ized representative shall have the power to inspect such laboratories or 33 institutions to insure compliance with such rules and standards. Each 34 such approval may be revoked at any time for failure to comply with such 35 rules and in any case the approval shall be limited to a period not 36 exceeding one year. 37 Animal cruelty in the second degree is a class A misdemeanor. 38 § 280.25 Animal cruelty in the first degree. 39 A person is guilty of animal cruelty in the first degree when: 40 1. Having no justifiable purpose and with intent to cause the death of 41 a companion animal, he or she causes the death of such animal; or 42 2. Having no justifiable purpose and with intent to cause serious 43 physical injury to a companion animal, he or she causes such injury to 44 such animal; or 45 3. Having no justifiable purpose, he or she intentionally tortures an 46 animal or knowingly instigates, engages in, or in any way furthers 47 aggravated cruelty to an animal, or any act tending to produce such 48 aggravated cruelty; or 49 4. Commits the crime of animal cruelty in the second degree in 50 violation of subdivision four of section 280.20 of this article and such 51 animal is a horse, mule, or domestic cattle; or 52 5. Commits the crime of animal cruelty in the second degree in 53 violation of section 280.20 of this article and has previously been 54 convicted, within the preceding ten years, of animal cruelty in the 55 second degree.A. 634 10 1 Nothing contained in this section shall be construed to prohibit or 2 interfere in any way with anyone lawfully engaged in hunting, trapping, 3 or fishing, as provided in article eleven of the environmental conserva- 4 tion law, the dispatch of rabid or diseased animals, as provided in 5 article twenty-one of the public health law, or the dispatch of animals 6 posing a threat to human safety or other animals, where such action is 7 otherwise legally authorized, or any properly conducted scientific 8 tests, experiments, or investigations involving the use of living 9 animals, performed or conducted in laboratories or institutions approved 10 for such purposes by the commissioner of health pursuant to section 11 280.20 of this article. 12 Animal cruelty in the first degree is a class D felony. 13 § 280.30 Unlawful dealing with animals used for racing, breeding, or 14 competitive exhibition of skill, breed or stamina. 15 A person is guilty of unlawful dealing with animals used for racing, 16 breeding, or competitive exhibition of skill, breed, or stamina when 17 such person: 18 1. Commits the crime of animal cruelty in the second degree in 19 violation of section 280.20 of this article, and such animal is an 20 animal used for the purposes of racing, breeding or competitive exhibi- 21 tion of skill, breed, or stamina; or 22 2. Having no justifiable purpose, he or she tampers with an animal 23 used for the purposes of racing, breeding, or competitive exhibition of 24 skill, breed, or stamina, or otherwise interferes with such an animal 25 during a race or competitive exhibition of skill, breed, or stamina. 26 Unlawful dealing with animals used for racing, breeding or competitive 27 exhibition of skill, breed or stamina is a class E felony. 28 § 280.35 Endangering the welfare of animals. 29 A person is guilty of endangering the welfare of animals when, with 30 the intent to cause injury to an animal, or recklessly creating a risk 31 thereof, such person: 32 1. Creates a hazardous or physically offensive condition for any 33 animal by any act that serves no legitimate purpose; or 34 2. Throws, drops or places, or causes to be thrown, dropped or placed 35 in a public place, a substance that might wound, disable, or injure any 36 animal. 37 Endangering the welfare of animals is a violation. 38 § 280.40 Animal abduction in the third degree. 39 A person is guilty of animal abduction in the third degree when such 40 person restrains a companion animal without the consent of the individ- 41 ual having ownership, possession, care, control, charge or custody over 42 said companion animal. 43 Animal abduction in the third degree is a class B misdemeanor. 44 § 280.45 Animal abduction in the second degree. 45 A person is guilty of animal abduction in the second degree when such 46 person abducts a companion animal without the consent of the individual 47 having ownership, possession, care, control, charge or custody over said 48 companion animal. 49 Animal abduction in the second degree is a class A misdemeanor. 50 § 280.50 Animal abduction in the first degree. 51 A person is guilty of animal abduction in the first degree when such 52 person abducts or restrains a companion animal without the consent of 53 the individual having ownership, possession, care, control, charge or 54 custody over said companion animal, and when:A. 634 11 1 1. Such person's intent is to compel the payment or deliverance of 2 money or property as ransom, or to engage in other particular conduct, 3 or to refrain from engaging in particular conduct; or 4 2. Such person causes physical injury to the companion animal; or 5 3. The companion animal dies during the abduction or before it is able 6 to return or be returned to safety. Such death shall be presumed from 7 evidence that the individual having ownership, possession, care, 8 control, charge or custody over said companion animal did not see the 9 animal following the termination of the abduction and prior to trial and 10 received no reliable information during such period persuasively indi- 11 cating that such animal was alive. 12 Animal abduction in the first degree is a class D felony. 13 § 280.55 Unauthorized possession of animal presumptive evidence of 14 restraint and abduction. 15 The unauthorized possession of a companion animal by any person with- 16 out the consent of the individual having ownership, possession, care, 17 control, charge or custody over said companion animal, for a period 18 exceeding ten days, without notifying either said individual, the local 19 police authorities, the local municipal shelter or pound or the office 20 of the superintendent of the state police located in Albany, New York, 21 of such possession, shall be presumptive evidence of restraint and 22 abduction. 23 § 280.60 Appropriate shelter for dogs left outdoors. 24 1. For purposes of this section: 25 (a) "Physical condition" shall include any special medical needs of a 26 dog due to disease, illness, injury, age or breed about which the owner 27 or person with custody or control of the dog should reasonably be aware. 28 (b) "Inclement weather" shall mean weather conditions that are likely 29 to adversely affect the health or safety of the dog, including but not 30 limited to rain, sleet, ice, snow, wind, or extreme heat and cold. 31 (c) "Dogs that are left outdoors" shall mean dogs that are outdoors in 32 inclement weather without ready access to, or the ability to enter, a 33 house, apartment building, office building, or any other permanent 34 structure that complies with the standards enumerated in paragraph (b) 35 of subdivision three of this section. 36 2. (a) Any person who owns or has custody or control of a dog that is 37 left outdoors shall provide it with shelter appropriate to its breed, 38 physical condition and climate. Any person who knowingly violates the 39 provisions of this section shall be guilty of a violation, punishable by 40 a fine of not less than fifty dollars nor more than one hundred dollars 41 for a first offense, and a fine of not less than one hundred dollars nor 42 more than two hundred fifty dollars for a second and subsequent offense. 43 Beginning seventy-two hours after a charge of violating this section, 44 each day that a defendant fails to correct the deficiencies in the dog 45 shelter for a dog that he or she owns or that is in his or her custody 46 or control and that is left outdoors, so as to bring it into compliance 47 with the provisions of this section shall constitute a separate offense. 48 (b) The court may, in its discretion, reduce the amount of any fine 49 imposed for a violation of this section by the amount which the defend- 50 ant proves he or she has spent providing a dog shelter or repairing an 51 existing dog shelter so that it complies with the requirements of this 52 section. Nothing in this paragraph shall prevent the seizure of a dog 53 for a violation of this section pursuant to the authority granted in 54 this article. 55 3. Minimum standards for determining whether shelter is appropriate to 56 a dog's breed, physical condition and the climate shall include:A. 634 12 1 (a) For dogs that are restrained in any manner outdoors, shade by 2 natural or artificial means to protect the dog from direct sunlight at 3 all times when exposure to sunlight is likely to threaten the health of 4 the dog. 5 (b) For all dogs that are left outdoors in inclement weather, a hous- 6 ing facility, which must: (1) have a waterproof roof; (2) be struc- 7 turally sound with insulation appropriate to local climatic conditions 8 and sufficient to protect the dog from inclement weather; (3) be 9 constructed to allow each dog adequate freedom of movement to make 10 normal postural adjustments, including the ability to stand up, turn 11 around and lie down with its limbs outstretched; and (4) allow for 12 effective removal of excretions, other waste material, dirt and trash. 13 The housing facility and the area immediately surrounding it shall be 14 regularly cleaned to maintain a healthy and sanitary environment and to 15 minimize health hazards. 16 4. Inadequate shelter may be indicated by the appearance of the hous- 17 ing facility itself, including but not limited to, size, structural 18 soundness, evidence of crowding within the housing facility, healthful 19 environment in the area immediately surrounding such facility, or by the 20 appearance or physical condition of the dog. 21 5. Upon a finding of any violation of this section, any dog or dogs 22 seized pursuant to the provisions of this article that have not been 23 voluntarily surrendered by the owner or custodian or forfeited pursuant 24 to court order shall be returned to the owner or custodian only upon 25 proof that appropriate shelter as required by this section is being 26 provided. 27 6. Nothing in this section shall be construed to affect any 28 protections afforded to dogs or other animals under any other provisions 29 of this article. 30 Failure to provide appropriate shelter for dogs left outdoors is a 31 violation. 32 § 280.65 Confinement of companion animals in vehicles; extreme temper- 33 atures. 34 1. A person shall not confine a companion animal in a motor vehicle in 35 extreme heat or cold without proper ventilation or other protection from 36 such extreme temperatures where such confinement places the companion 37 animal in imminent danger of death or serious physical injury due to 38 exposure to such extreme heat or cold. 39 2. Where the operator of such a vehicle cannot be promptly located, a 40 police officer, peace officer, or peace officer acting as an agent of a 41 duly incorporated humane society may take necessary steps to remove the 42 animal or animals from the vehicle. 43 3. Police officers, peace officers or peace officers acting as agents 44 of a duly incorporated humane society removing an animal or animals from 45 a vehicle pursuant to this section shall place a written notice on or in 46 the vehicle, bearing the name of the officer or agent, and the depart- 47 ment or agency and address where the animal or animals will be taken. 48 4. An animal or animals removed from a vehicle pursuant to this 49 section shall, after receipt of any necessary emergency veterinary 50 treatment, be delivered to the duly incorporated humane society or soci- 51 ety for the prevention of cruelty to animals, or designated agent there- 52 of, in the jurisdiction where the animal or animals were seized. 53 5. Any person who knowingly violates the provisions of subdivision one 54 of this section shall be guilty of a violation, punishable by a fine of 55 not less than fifty dollars nor more than one hundred dollars for aA. 634 13 1 first offense, and a fine of not less than one hundred dollars nor more 2 than two hundred fifty dollars for a second and subsequent offenses. 3 6. Officers shall not be held criminally or civilly liable for actions 4 taken reasonably and in good faith in carrying out the provisions of 5 this section. 6 7. Nothing contained in this section shall be construed to affect any 7 other protections afforded to companion animals under any other 8 provisions of this article. 9 Confinement of companion animals in vehicles; extreme temperatures is 10 a violation. 11 § 280.70 Leaving New York state to avoid provisions of this article. 12 A person who leaves this state with intent to elude any of the 13 provisions of this article or to commit any act out of this state which 14 is prohibited by them or who, being a resident of this state, does any 15 act without this state, pursuant to such intent, which would be punisha- 16 ble under such provisions, if committed within this state, is punishable 17 in the same manner as if such act had been committed within this state. 18 § 280.75 Evidentiary and impoundment procedures by members of law 19 enforcement. 20 Matters relating to the seizure, adoption, care, disposition and 21 destruction of animals by members of law enforcement and members of a 22 duly incorporated society for the prevention of cruelty to animals 23 charged to enforce this article, ancillary to such enforcement of this 24 article, shall be governed by article twenty-six of the agriculture and 25 markets law and article six hundred ninety of the criminal procedure 26 law. 27 § 280.80 Special sentencing provisions applicable. 28 In addition to any other penalty provided by law, the sentencing 29 provisions contained in section three hundred eighty-two of the agricul- 30 ture and markets law shall be applicable to violations of this article. 31 § 10. The penal law is amended by adding a new section 60.22 to read 32 as follows: 33 § 60.22 Authorized dispositions; promoting animal fighting. 34 When a person is convicted of an offense defined in section 280.05 of 35 this chapter, in addition to the other penalties as provided in this 36 chapter, the court may impose a fine which shall not exceed fifteen 37 thousand dollars. When a person is convicted of an offense defined in 38 section 280.10 of this chapter, the court may impose a fine which shall 39 not exceed twenty-five thousand dollars. 40 § 11. Paragraph (c) of subdivision 1 of section 70.02 of the penal 41 law, as amended by chapter 368 of the laws of 2015, is amended to read 42 as follows: 43 (c) Class D violent felony offenses: an attempt to commit any of the 44 class C felonies set forth in paragraph (b); reckless assault of a child 45 as defined in section 120.02, assault in the second degree as defined in 46 section 120.05, menacing a police officer or peace officer as defined in 47 section 120.18, stalking in the first degree, as defined in subdivision 48 one of section 120.60, strangulation in the second degree as defined in 49 section 121.12, rape in the second degree as defined in section 130.30, 50 criminal sexual act in the second degree as defined in section 130.45, 51 sexual abuse in the first degree as defined in section 130.65, course of 52 sexual conduct against a child in the second degree as defined in 53 section 130.80, aggravated sexual abuse in the third degree as defined 54 in section 130.66, facilitating a sex offense with a controlled 55 substance as defined in section 130.90, labor trafficking as defined in 56 paragraphs (a) and (b) of subdivision three of section 135.35, criminalA. 634 14 1 possession of a weapon in the third degree as defined in subdivision 2 five, six, seven, eight, nine or ten of section 265.02, criminal sale of 3 a firearm in the third degree as defined in section 265.11, intimidating 4 a victim or witness in the second degree as defined in section 215.16, 5 soliciting or providing support for an act of terrorism in the second 6 degree as defined in section 490.10, and making a terroristic threat as 7 defined in section 490.20, falsely reporting an incident in the first 8 degree as defined in section 240.60, placing a false bomb or hazardous 9 substance in the first degree as defined in section 240.62, placing a 10 false bomb or hazardous substance in a sports stadium or arena, mass 11 transportation facility or enclosed shopping mall as defined in section 12 240.63, [and] aggravated unpermitted use of indoor pyrotechnics in the 13 first degree as defined in section 405.18, and animal cruelty in the 14 first degree as defined in subdivision one, two or three of section 15 280.25. 16 § 12. Section 195.06 of the penal law, as added by chapter 42 of the 17 laws of 1986, is amended to read as follows: 18 § 195.06 Killing or injuring a police animal. 19 A person is guilty of killing or injuring a police animal when such 20 person intentionally kills or injures any animal while such animal is in 21 the performance of its duties and under the supervision of a police or 22 peace officer. 23 Killing or injuring a police animal is a class [A misdemeanor] D felo- 24 ny. 25 § 13. Section 195.11 of the penal law, as added by chapter 344 of the 26 laws of 1989, is amended to read as follows: 27 § 195.11 Harming an animal trained to aid a person with a disability in 28 the second degree. 29 A person is guilty of harming an animal trained to aid a person with a 30 disability in the second degree when such person intentionally causes 31 physical injury to such animal while it is in the performance of aiding 32 a person with a disability, and thereby renders such animal incapable of 33 providing such aid to such person, or to another person with a disabili- 34 ty. 35 For purposes of this section and section 195.12 of this article, the 36 term "disability" means "disability" as defined in subdivision twenty- 37 one of section two hundred ninety-two of the executive law. 38 Harming an animal trained to aid a person with a disability in the 39 second degree is a class [B] A misdemeanor. 40 § 14. Section 195.12 of the penal law, as added by chapter 344 of the 41 laws of 1989, is amended to read as follows: 42 § 195.12 Harming an animal trained to aid a person with a disability in 43 the first degree. 44 A person is guilty of harming an animal trained to aid a person with a 45 disability in the first degree when such person: 46 1. intentionally causes physical injury to such animal while it is in 47 the performance of aiding a person with a disability, and thereby 48 renders such animal permanently incapable of providing such aid to such 49 person, or to another person with a disability; or 50 2. intentionally kills such animal while it is in the performance of 51 aiding a person with a disability. 52 Harming an animal trained to aid a person with a disability in the 53 first degree is a class [A misdemeanor] D felony. 54 § 15. Subdivision 2 of section 265.01 of the penal law, as amended by 55 chapter 269 of the laws of 2016, is amended to read as follows:A. 634 15 1 (2) He or she possesses any dagger, dangerous knife, dirk, machete, 2 razor, stiletto, imitation pistol, or any other dangerous or deadly 3 instrument or weapon with intent to use the same unlawfully against 4 another person or an animal; or 5 § 16. Severability clause. If any clause, sentence, paragraph, subdi- 6 vision, section or part of this act shall be adjudged by any court of 7 competent jurisdiction to be invalid, such judgment shall not affect, 8 impair, or invalidate the remainder thereof, but shall be confined in 9 its operation to the clause, sentence, paragraph, subdivision, section 10 or part thereof directly involved in the controversy in which such judg- 11 ment shall have been rendered. It is hereby declared to be the intent of 12 the legislature that this act would have been enacted even if such 13 invalid provisions had not been included herein. 14 § 17. This act shall take effect on the first of November next 15 succeeding the date on which it shall have become a law.
