Bill Text: NY S00946 | 2011-2012 | General Assembly | Introduced

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Bill Title: Includes the theft of a pet within the crime of grand larceny in the fourth degree in certain instances; defines "pet" as a licensed dog or cat harbored by the owner or lawful custodian of such dog or cat in a dwelling or within an enclosure or yard.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2012-04-18 - referred to codes [S00946 Detail]

Download: New_York-2011-S00946-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          946
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
         when printed to be committed to the Committee on Codes
       AN ACT to amend the penal law, in relation to  including  the  theft  of
         dogs  and  cats within the crime of grand larceny in the fourth degree
         in certain cases
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 155.00 of the penal law is amended by adding a new
    2  subdivision 10 to read as follows:
    3    10. "PET" MEANS A DOG OR A CAT WHICH  IS  HARBORED  BY  THE  OWNER  OR
    4  LAWFUL CUSTODIAN OF SUCH DOG OR CAT IN A DWELLING OR WITHIN AN ENCLOSURE
    5  OR  YARD  WHICH  IS  CONTAINED WITHIN THE REAL PROPERTY BOUNDARY LINE OF
    6  SUCH DWELLING.   FOR PURPOSES OF THIS  SUBDIVISION,  "HARBOR"  MEANS  TO
    7  PROVIDE FOOD AND SHELTER TO A DOG OR CAT.
    8    S 2. Section 155.30 of the penal law is amended by adding a new subdi-
    9  vision 8-a to read as follows:
   10    8-A. THE PROPERTY, REGARDLESS OF ITS VALUE, CONSISTS OF A PET WHICH IS
   11  TAKEN  FROM  THE  PERSON OF THE OWNER OR OF THE LAWFUL CUSTODIAN OF SUCH
   12  PET, FROM THE DWELLING OF THE OWNER OR LAWFUL CUSTODIAN OF SUCH PET,  OR
   13  FROM  ANY  ENCLOSURE OR YARD CONTAINED WITHIN THE REAL PROPERTY BOUNDARY
   14  LINE OF SUCH DWELLING.
   15    S 3. This act shall take effect on the first of November next succeed-
   16  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04388-01-1