Bill Text: NY A00658 | 2019-2020 | General Assembly | Introduced
Bill Title: Prohibits persons who have been convicted of animal cruelty from working at an animal shelter; makes such violation a class A misdemeanor.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Introduced - Dead) 2020-01-08 - referred to agriculture [A00658 Detail]
Download: New_York-2019-A00658-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 658 2019-2020 Regular Sessions IN ASSEMBLY (Prefiled) January 9, 2019 ___________ Introduced by M. of A. PAULIN, GUNTHER, GALEF, MOSLEY, ZEBROWSKI, L. ROSENTHAL, OTIS, HEVESI -- Multi-Sponsored by -- M. of A. COLTON, COOK, THIELE -- read once and referred to the Committee on Agriculture AN ACT to amend the agriculture and markets law, in relation to limiting the right of a person who has violated certain animal cruelty statutes from working at an animal shelter The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 353-a of the agriculture and markets law is amended 2 by adding a new subdivision 4 to read as follows: 3 4. No person who is convicted of a violation of this section shall be 4 allowed to accept or remain in a position as a dog control officer, 5 animal control officer, or as a paid employee or volunteer at the 6 following types of establishments: an animal shelter, pound, duly incor- 7 porated humane society, duly incorporated animal protective association, 8 or duly incorporated society for the prevention of cruelty to animals, 9 on and after the effective date of this subdivision. For the purposes 10 of this subdivision, the term "volunteer" shall not include anyone 11 required by court order to fulfill a community service requirement in 12 service at any animal shelter, pound, duly incorporated humane society, 13 duly incorporated animal protective association, or duly incorporated 14 society for the prevention of cruelty to animals. Any dog control offi- 15 cer, animal control officer or paid employee or volunteer found in 16 violation of this subdivision shall be guilty of a class A misdemeanor. 17 § 2. Section 353 of the agriculture and markets law, as amended by 18 chapter 458 of the laws of 1985 and the opening paragraph as amended by 19 chapter 523 of the laws of 2005, is amended to read as follows: 20 § 353. Overdriving, torturing and injuring animals; failure to provide 21 proper sustenance. 1. A person who overdrives, overloads, tortures or 22 cruelly beats or unjustifiably injures, maims, mutilates or kills any EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02744-01-9A. 658 2 1 animal, whether wild or tame, and whether belonging to himself or to 2 another, or deprives any animal of necessary sustenance, food or drink, 3 or neglects or refuses to furnish it such sustenance or drink, or caus- 4 es, procures or permits any animal to be overdriven, overloaded, 5 tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or 6 killed, or to be deprived of necessary food or drink, or who wilfully 7 sets on foot, instigates, engages in, or in any way furthers any act of 8 cruelty to any animal, or any act tending to produce such cruelty, is 9 guilty of a class A misdemeanor and for purposes of paragraph (b) of 10 subdivision one of section 160.10 of the criminal procedure law, shall 11 be treated as a misdemeanor defined in the penal law. 12 2. Nothing herein contained shall be construed to prohibit or inter- 13 fere with any properly conducted scientific tests, experiments or inves- 14 tigations, involving the use of living animals, performed or conducted 15 in laboratories or institutions, which are approved for these purposes 16 by the state commissioner of health. The state commissioner of health 17 shall prescribe the rules under which such approvals shall be granted, 18 including therein standards regarding the care and treatment of any such 19 animals. Such rules shall be published and copies thereof conspicuously 20 posted in each such laboratory or institution. The state commissioner of 21 health or his duly authorized representative shall have the power to 22 inspect such laboratories or institutions to insure compliance with such 23 rules and standards. Each such approval may be revoked at any time for 24 failure to comply with such rules and in any case the approval shall be 25 limited to a period not exceeding one year. 26 3. No person who is convicted of a violation of this section shall be 27 allowed to accept or remain in a position as a dog control officer, 28 animal control officer, or as a paid employee or volunteer at the 29 following types of establishments: an animal shelter, pound, duly incor- 30 porated humane society, duly incorporated animal protective association, 31 or duly incorporated society for the prevention of cruelty to animals, 32 on and after the effective date of this subdivision. For the purposes 33 of this subdivision, the term "volunteer" shall not include anyone 34 required by court order to fulfill a community service requirement in 35 service at any animal shelter, pound, duly incorporated humane society, 36 duly incorporated animal protective association, or duly incorporated 37 society for the prevention of cruelty to animals. Any dog control offi- 38 cer, animal control officer or paid employee or volunteer found in 39 violation of this subdivision shall be guilty of a class A misdemeanor. 40 § 3. Section 351 of the agriculture and markets law is amended by 41 adding a new subdivision 7 to read as follows: 42 7. No person who is convicted of a violation of this section shall be 43 allowed to accept or remain in a position as a dog control officer, 44 animal control officer, or as a paid employee or volunteer at the 45 following types of establishments: an animal shelter, pound, duly incor- 46 porated humane society, duly incorporated animal protective association, 47 or duly incorporated society for the prevention of cruelty to animals, 48 on and after the effective date of this subdivision. For the purposes of 49 this subdivision, the term "volunteer" shall not include anyone required 50 by court order to fulfill a community service requirement in service at 51 any animal shelter, pound, duly incorporated humane society, duly incor- 52 porated animal protective association, or duly incorporated society for 53 the prevention of cruelty to animals. Any dog control officer, animal 54 control officer or paid employee or volunteer found in violation of this 55 subdivision shall be guilty of a class A misdemeanor.A. 658 3 1 § 4. Section 355 of the agriculture and markets law, as amended by 2 chapter 458 of the laws of 1985, is amended to read as follows: 3 § 355. Abandonment of animals. 1. A person being the owner or posses- 4 sor, or having charge or custody of an animal, who abandons such animal, 5 or leaves it to die in a street, road or public place, or who allows 6 such animal, if it become disabled, to lie in a public street, road or 7 public place more than three hours after he receives notice that it is 8 left disabled, is guilty of a misdemeanor, punishable by imprisonment 9 for not more than one year, or by a fine of not more than one thousand 10 dollars, or by both. 11 2. No person who is convicted of a violation of this section shall be 12 allowed to accept or remain in a position as a dog control officer, 13 animal control officer, or as a paid employee or volunteer at the 14 following types of establishments: an animal shelter, pound, duly incor- 15 porated humane society, duly incorporated animal protective association, 16 or duly incorporated society for the prevention of cruelty to animals, 17 on and after the effective date of this subdivision. For the purposes of 18 this subdivision, the term "volunteer" shall not include anyone required 19 by court order to fulfill a community service requirement in service at 20 any animal shelter, pound, duly incorporated humane society, duly incor- 21 porated animal protective association, or duly incorporated society for 22 the prevention of cruelty to animals. Any dog control officer, animal 23 control officer or paid employee or volunteer found in violation of this 24 subdivision shall be guilty of a class A misdemeanor. 25 § 5. This act shall take effect on the thirtieth day after it shall 26 have become a law.