Bill Text: NY S01899 | 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 (Republican 3-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO AGRICULTURE [S01899 Detail]

Download: New_York-2019-S01899-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1899
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 17, 2019
                                       ___________
        Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Agriculture
        AN ACT to amend the agriculture and markets law, 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
    23  animal,  whether  wild  or  tame, and whether belonging to himself or to
    24  another, or deprives any animal of necessary sustenance, food or  drink,
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02744-01-9

        S. 1899                             2
     1  or  neglects or refuses to furnish it such sustenance or drink, or caus-
     2  es, procures  or  permits  any  animal  to  be  overdriven,  overloaded,
     3  tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or
     4  killed,  or  to  be deprived of necessary food or drink, or who wilfully
     5  sets on foot, instigates, engages in, or in any way furthers any act  of
     6  cruelty  to  any  animal, or any act tending to produce such cruelty, is
     7  guilty of a class A misdemeanor and for purposes  of  paragraph  (b)  of
     8  subdivision  one  of section 160.10 of the criminal procedure law, shall
     9  be treated as a misdemeanor defined in the penal law.
    10    2. Nothing herein contained shall be construed to prohibit  or  inter-
    11  fere with any properly conducted scientific tests, experiments or inves-
    12  tigations,  involving  the use of living animals, performed or conducted
    13  in laboratories or institutions, which are approved for  these  purposes
    14  by  the  state  commissioner of health. The state commissioner of health
    15  shall prescribe the rules under which such approvals shall  be  granted,
    16  including therein standards regarding the care and treatment of any such
    17  animals.  Such rules shall be published and copies thereof conspicuously
    18  posted in each such laboratory or institution. The state commissioner of
    19  health or his duly authorized representative shall  have  the  power  to
    20  inspect such laboratories or institutions to insure compliance with such
    21  rules  and  standards. Each such approval may be revoked at any time for
    22  failure to comply with such rules and in any case the approval shall  be
    23  limited to a period not exceeding one year.
    24    3.  No person who is convicted of a violation of this section shall be
    25  allowed to accept or remain in a position  as  a  dog  control  officer,
    26  animal  control  officer,  or  as  a  paid  employee or volunteer at the
    27  following types of establishments: an animal shelter, pound, duly incor-
    28  porated humane society, duly incorporated animal protective association,
    29  or duly incorporated society for the prevention of cruelty  to  animals,
    30  on  and  after the effective date of this subdivision.  For the purposes
    31  of this subdivision, the  term  "volunteer"  shall  not  include  anyone
    32  required  by  court  order to fulfill a community service requirement in
    33  service at any animal shelter, pound, duly incorporated humane  society,
    34  duly  incorporated  animal  protective association, or duly incorporated
    35  society for the prevention of cruelty to animals.  Any dog control offi-
    36  cer, animal control officer or  paid  employee  or  volunteer  found  in
    37  violation of this subdivision shall be guilty of a class A misdemeanor.
    38    §  3.  Section  351  of  the agriculture and markets law is amended by
    39  adding a new subdivision 7 to read as follows:
    40    7. No person who is convicted of a violation of this section shall  be
    41  allowed  to  accept  or  remain  in a position as a dog control officer,
    42  animal control officer, or as  a  paid  employee  or  volunteer  at  the
    43  following types of establishments: an animal shelter, pound, duly incor-
    44  porated humane society, duly incorporated animal protective association,
    45  or  duly  incorporated society for the prevention of cruelty to animals,
    46  on and after the effective date of this subdivision. For the purposes of
    47  this subdivision, the term "volunteer" shall not include anyone required
    48  by court order to fulfill a community service requirement in service  at
    49  any animal shelter, pound, duly incorporated humane society, duly incor-
    50  porated  animal protective association, or duly incorporated society for
    51  the prevention of cruelty to animals.  Any dog control  officer,  animal
    52  control officer or paid employee or volunteer found in violation of this
    53  subdivision shall be guilty of a class A misdemeanor.
    54    §  4.  Section  355  of the agriculture and markets law, as amended by
    55  chapter 458 of the laws of 1985, is amended to read as follows:

        S. 1899                             3
     1    § 355. Abandonment of animals. 1. A person being the owner or  posses-
     2  sor, or having charge or custody of an animal, who abandons such animal,
     3  or  leaves  it  to  die in a street, road or public place, or who allows
     4  such animal, if it become disabled, to lie in a public street,  road  or
     5  public  place  more than three hours after he receives notice that it is
     6  left disabled, is guilty of a misdemeanor,  punishable  by  imprisonment
     7  for  not  more than one year, or by a fine of not more than one thousand
     8  dollars, or by both.
     9    2. No person who is convicted of a violation of this section shall  be
    10  allowed  to  accept  or  remain  in a position as a dog control officer,
    11  animal control officer, or as  a  paid  employee  or  volunteer  at  the
    12  following types of establishments: an animal shelter, pound, duly incor-
    13  porated humane society, duly incorporated animal protective association,
    14  or  duly  incorporated society for the prevention of cruelty to animals,
    15  on and after the effective date of this subdivision. For the purposes of
    16  this subdivision, the term "volunteer" shall not include anyone required
    17  by court order to fulfill a community service requirement in service  at
    18  any animal shelter, pound, duly incorporated humane society, duly incor-
    19  porated  animal protective association, or duly incorporated society for
    20  the prevention of cruelty to animals.  Any dog control  officer,  animal
    21  control officer or paid employee or volunteer found in violation of this
    22  subdivision shall be guilty of a class A misdemeanor.
    23    §  5.  This  act shall take effect on the thirtieth day after it shall
    24  have become a law.
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