Bill Text: NY A00775 | 2013-2014 | General Assembly | Amended
Bill Title: Relates to promoting understanding, awareness and enforcement of animal crime laws.
Spectrum: Moderate Partisan Bill (Democrat 26-7)
Status: (Introduced - Dead) 2014-02-21 - print number 775b [A00775 Detail]
Download: New_York-2013-A00775-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 775--B 2013-2014 Regular Sessions I N A S S E M B L Y (PREFILED) January 9, 2013 ___________ Introduced by M. of A. ROSENTHAL, LAVINE, SWEENEY, RUSSELL, BRINDISI, MONTESANO, MILLMAN, TENNEY, HENNESSEY, ENGLEBRIGHT, FAHY, JAFFEE, COLTON, SKOUFIS, OTIS, THIELE, CURRAN -- Multi-Sponsored by -- M. of A. BROOK-KRASNY, GARBARINO, HEVESI, LUPARDO, McDONALD, SCHIMEL, SKAR- TADOS, SOLAGES, STECK, WALTER -- read once and referred to the Commit- tee on Agriculture -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Agriculture in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 S 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 SPECIFICALLY INCLUDE, BUT NOT BE LIMITED 11 TO, ANY ACT OF OVERDRIVING, OVERLOADING, INJURING, MAIMING, MUTILATING 12 OR KILLING AN ANIMAL. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01445-11-4 A. 775--B 2 1 3. "TORTURE" MEANS CONDUCT THAT IS INTENDED TO CAUSE EXTREME PHYSICAL 2 PAIN. 3 4. "Adoption" means the delivery [to any natural person eighteen years 4 of age or older, for the limited purpose of harboring a pet, of any dog 5 or cat, seized or surrendered] OF ANY ANIMAL FORFEITED, SEIZED OR 6 SURRENDERED, TO ANY NATURAL PERSON EIGHTEEN YEARS OF AGE OR OLDER, FOR 7 THE PURPOSE OF THAT PERSON PERMANENTLY HARBORING SUCH ANIMAL AS A PET. 8 [4]5. "Farm animal", as used in this article, means any ungulate, 9 poultry, species of cattle, sheep, swine, goats, llamas, horses or fur- 10 bearing animals, as defined in section 11-1907 of the environmental 11 conservation law, which are raised for commercial or subsistence 12 purposes. Fur-bearing animal, AS REFERENCED IN THIS ARTICLE, shall not 13 include dogs or cats. 14 [5]6. "Companion animal" or "pet" means any dog or cat, and shall also 15 mean any other domesticated animal normally maintained in or near the 16 household of the owner or person who cares for such other domesticated 17 animal. ["Pet" or "companion] "COMPANION animal" OR "PET" shall not 18 include a "farm animal" as defined in this section. 19 7. "ANIMAL CRUELTY OFFENSE" MEANS ANY VIOLATION OF THIS ARTICLE OR OF 20 ARTICLE TWO HUNDRED EIGHTY OF THE PENAL LAW, OR ANY OTHER UNLAWFUL ACT 21 BY WHICH HARM IS INTENTIONALLY, KNOWINGLY, RECKLESSLY OR NEGLIGENTLY 22 CAUSED OR PERMITTED TO OCCUR TO AN ANIMAL. 23 8. "DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO 24 ANIMALS," AS USED IN THIS ARTICLE, SHALL MEAN A CORPORATION CONSTITUTED 25 PURSUANT TO THE PROVISIONS OF SUBDIVISION (G) OF SECTION FOUR HUNDRED 26 FOUR AND SECTION FOURTEEN HUNDRED THREE OF THE NOT-FOR-PROFIT CORPO- 27 RATION LAW. 28 S 2. Sections 351, 353, 353-a, 353-b, 353-d, 355, 360, 361 and 362 of 29 the agriculture and markets law are REPEALED. 30 S 3. Section 365 of the agriculture and markets law, as amended by 31 chapter 458 of the laws of 1985, is amended to read as follows: 32 S 365. Clipping or cutting the ears of dogs. 1. Whoever clips or cuts 33 off or causes or procures another to clip or cut off the whole or any 34 part of an ear of any dog unless an anaesthetic shall have been given to 35 the dog and the operation performed by a licensed veterinarian, is guil- 36 ty of a misdemeanor, punishable by imprisonment for not more than one 37 year, or a fine of not more than one thousand dollars, or by both. 38 2. [The provisions of this section shall not apply to any dog or 39 person who is the owner or possessor of any dog whose ear or a part 40 thereof has been clipped or cut off prior to September first, nineteen 41 hundred twenty-nine. 42 3.] Each applicant for a dog license must state on such application 43 whether any ear of the dog for which he applies for such license has 44 been cut off wholly or in part. 45 [4.] 3. Nothing herein contained shall be construed as preventing any 46 dog whose ear or ears shall have been clipped or cut off wholly or in 47 part, not in violation of this section, from being imported into the 48 state exclusively for breeding purposes. 49 S 4. Section 369 of the agriculture and markets law, as amended by 50 chapter 458 of the laws of 1985, is amended to read as follows: 51 S 369. Interference with officers. Any person who shall interfere with 52 or obstruct any constable or police officer or any officer or agent of 53 any duly incorporated society for the prevention of cruelty to animals 54 in the discharge of his duty to enforce the laws relating to animals, 55 INCLUDING THOSE PROVISIONS CONTAINED IN ARTICLE TWO HUNDRED EIGHTY OF 56 THE PENAL LAW, shall be guilty of a misdemeanor, punishable by imprison- A. 775--B 3 1 ment for not more than one year, or by a fine of not more than one thou- 2 sand dollars, or by both. 3 S 5. Section 371 of the agriculture and markets law, as amended by 4 chapter 573 of the laws of 1978, is amended to read as follows: 5 S 371. Powers of peace officers. A constable or police officer must, 6 and any agent or officer of any duly incorporated society for the 7 prevention of cruelty to animals may issue an appearance ticket pursuant 8 to section 150.20 of the criminal procedure law, summon or arrest, and 9 bring before a court or magistrate having jurisdiction, any person 10 offending against any of the provisions of article twenty-six of the 11 agriculture and markets law OR ANY PROVISIONS OF ARTICLE TWO HUNDRED 12 EIGHTY OF THE PENAL LAW. Any officer or agent of any of said societies 13 may lawfully interfere to prevent the perpetration of any act of cruelty 14 upon any animal in his OR HER presence. Any of said societies may prefer 15 a complaint before any court, tribunal or magistrate having jurisdic- 16 tion, for the violation of any law relating to or affecting animals and 17 may aid in presenting the law and facts before such court, tribunal or 18 magistrate in any proceeding taken. 19 S 6. Subdivision 6 of section 373 of the agriculture and markets law, 20 as amended by chapter 256 of the laws of 1997, paragraph a and subpara- 21 graph 1 of paragraph b as amended by chapter 531 of the laws of 2013, 22 subparagraph 2 of paragraph b as amended by section 24 of part T of 23 chapter 59 of the laws of 2010, is amended to read as follows: 24 6. a. If any animal is seized [and] OR impounded pursuant to the 25 provisions of this section[, section three hundred fifty-three-d of this 26 article] or section three hundred seventy-five of this article, OR 27 PURSUANT TO THE PROVISIONS OF ARTICLE SIX HUNDRED NINETY OF THE CRIMINAL 28 PROCEDURE LAW, for any violation of this article, ANY VIOLATION OF ARTI- 29 CLE TWO HUNDRED EIGHTY OF THE PENAL LAW, OR IN CONNECTION WITH THE 30 ARREST ON AN ANIMAL CRUELTY OFFENSE, THEN, upon arraignment of charges, 31 or within a reasonable time thereafter, [the] A duly incorporated socie- 32 ty for the prevention of cruelty to animals, humane society, pound, 33 animal shelter, SHERIFF, MUNICIPAL POLICE DEPARTMENT, OR DISTRICT ATTOR- 34 NEY, or any authorized agents thereof, hereinafter referred to for the 35 purposes of this section as the "impounding organization", may file a 36 petition with the court requesting that the person from whom an animal 37 is seized or the owner of the animal be ordered to post a security. The 38 district attorney prosecuting the charges may file and obtain the 39 requested relief on behalf of the impounding organization if requested 40 to do so by the impounding organization. The security shall be in an 41 amount sufficient to secure payment for all reasonable expenses expected 42 to be incurred by the impounding organization in caring and providing 43 for the animal pending disposition of the charges. Reasonable expenses 44 shall include, but not be limited to, estimated medical care and board- 45 ing of the animal for at least thirty days. The amount of the security, 46 if any, shall be determined by the court after taking into consideration 47 all of the facts and circumstances of the case including, but not limit- 48 ed to the recommendation of the impounding organization having custody 49 and care of the seized animal and the cost of caring for the animal. If 50 a security has been posted in accordance with this section, the impound- 51 ing organization may draw from the security the actual reasonable costs 52 to be incurred by such organization in caring for the seized animal. 53 b. (1) Upon receipt of a petition pursuant to paragraph a of this 54 subdivision the court shall set a hearing on the petition to be 55 conducted within ten business days of the filing of such petition. The 56 petitioner shall serve a true copy of the petition upon the defendant A. 775--B 4 1 and the district attorney if the district attorney has not filed the 2 petition on behalf of the petitioner. The petitioner shall also serve a 3 true copy of the petition on any interested person. For purposes of this 4 subdivision, interested person shall mean an individual, partnership, 5 firm, joint stock company, corporation, association, trust, estate or 6 other legal entity who the court determines may have a pecuniary inter- 7 est in the animal which is the subject of the petition. The petitioner 8 or the district attorney acting on behalf of the petitioner, shall have 9 the burden of proving by a preponderance of the evidence that the person 10 from whom the animal was seized violated a provision of this article. 11 The court may waive for good cause shown the posting of security. 12 (2) If the court orders the posting of a security, the security shall 13 be posted with the clerk of the court within five business days of the 14 hearing provided for in subparagraph one of this paragraph. The court 15 may order the immediate forfeiture of the seized animal to the impound- 16 ing organization if the person ordered to post the security fails to do 17 so. Any animal forfeited shall be made available for adoption or euthan- 18 ized subject to subdivision seven-a of section one hundred seventeen of 19 this chapter or section three hundred seventy-four of this article. 20 (3) In the case of an animal other than a companion animal or pet, if 21 a person ordered to post security fails to do so, the court may, in 22 addition to the forfeiture to [a duly incorporated society for the 23 prevention of cruelty to animals, humane society, pound, animal shelter 24 or any authorized agents thereof] THE IMPOUNDING ORGANIZATION, and 25 subject to the restrictions of sections three hundred fifty-four, three 26 hundred fifty-seven and three hundred seventy-four of this article, 27 order the animal which was the basis of the order to be sold, provided 28 that all interested persons shall first be provided the opportunity to 29 redeem their interest in the animal and to purchase the interest of the 30 person ordered to post security, subject to such conditions as the court 31 deems appropriate to assure proper care and treatment of the animal. The 32 court may reimburse the person ordered to post security and any inter- 33 ested persons any money earned by the sale of the animal less any costs 34 including, but not limited to, veterinary and custodial care. Any animal 35 determined by the court to be maimed, diseased, disabled or infirm so as 36 to be unfit for sale or any useful purpose shall be forfeited to [a duly 37 incorporated society for the prevention of cruelty to animals or a duly 38 incorporated humane society] THE IMPOUNDING ORGANIZATION or authorized 39 agents thereof, and be available for adoption or shall be euthanized 40 subject to section three hundred seventy-four of this article. 41 (4) Nothing in this section shall be construed to limit or restrict in 42 any way the rights of a secured party having a security interest in any 43 animal described in this section. This section expressly does not impair 44 or subordinate the rights of such a secured lender having a security 45 interest in the animal or in the proceeds from the sale of such animal. 46 c. In no event shall the security prevent the impounding organization 47 having custody and care of the animal from disposing of the animal 48 pursuant to section three hundred seventy-four of this article prior to 49 the expiration of the thirty day period covered by the security if the 50 court makes a determination of the charges against the person from whom 51 the animal was seized prior thereto. Upon receipt of a petition from the 52 impounding organization, the court may order the person from whom the 53 animal was seized or the owner of the animal to post an additional secu- 54 rity with the clerk of the court to secure payment of reasonable 55 expenses for an additional period of time pending a determination by the 56 court of the charges against the person from whom the animal was seized. A. 775--B 5 1 The person who posted the security shall be entitled to a refund of the 2 security in whole or part for any expenses not incurred by such impound- 3 ing organization upon adjudication of the charges. The person who posted 4 the security shall be entitled to a full refund of the security, includ- 5 ing reimbursement by the impounding organization of any amount allowed 6 by the court to be expended, and the return of the animal seized and 7 impounded upon acquittal or dismissal of the charges, except where the 8 dismissal is based upon an adjournment in contemplation of dismissal 9 pursuant to section 215.30 of the criminal procedure law. The court 10 order directing such refund and reimbursement shall provide for payment 11 to be made within a reasonable time from the acquittal or dismissal of 12 charges. 13 S 7. Subdivision 8 of section 374 of the agriculture and markets law 14 is REPEALED. 15 S 8. The agriculture and markets law is amended by adding a new 16 section 380 to read as follows: 17 S 380. SPECIAL SENTENCING PROVISIONS. IN ADDITION TO ANY OTHER PENAL- 18 TY PROVIDED BY LAW, UPON CONVICTION FOR ANY ANIMAL CRUELTY OFFENSE, THE 19 FOLLOWING SENTENCES MAY BE IMPOSED BY THE COURT: 20 1. THE CONVICTED PERSON MAY, AFTER A DULY HELD HEARING PURSUANT TO 21 SUBDIVISION SIX OF THIS SECTION, BE ORDERED BY THE COURT TO FORFEIT TO 22 AN ANIMAL SHELTER, POUND, SHERIFF, MUNICIPAL POLICE DEPARTMENT, DISTRICT 23 ATTORNEY, DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO 24 ANIMALS, OR DULY INCORPORATED HUMANE SOCIETY, OR AUTHORIZED AGENTS THER- 25 EOF, THE ANIMAL OR ANIMALS WHICH ARE THE BASIS OF THE CONVICTION. UPON 26 SUCH AN ORDER OF FORFEITURE, THE CONVICTED PERSON SHALL BE DEEMED TO 27 HAVE RELINQUISHED ALL RIGHTS TO THE ANIMALS WHICH ARE THE BASIS OF THE 28 CONVICTION, EXCEPT THOSE GRANTED IN SUBDIVISION TWO OF THIS SECTION. 29 2. IN THE CASE OF FARM ANIMALS, THE COURT MAY, IN ADDITION TO THE 30 FORFEITURE TO AN ANIMAL SHELTER, POUND, SHERIFF, MUNICIPAL POLICE 31 DEPARTMENT, DISTRICT ATTORNEY, DULY INCORPORATED SOCIETY FOR THE 32 PREVENTION OF CRUELTY TO ANIMALS, OR DULY INCORPORATED HUMANE SOCIETY, 33 OR AUTHORIZED AGENTS THEREOF, AND SUBJECT TO THE RESTRICTIONS OF 34 SECTIONS THREE HUNDRED FIFTY-FOUR AND THREE HUNDRED FIFTY-SEVEN OF THIS 35 ARTICLE, ORDER THE FARM ANIMALS WHICH WERE THE BASIS OF THE CONVICTION 36 TO BE SOLD. IN NO CASE SHALL FARM ANIMALS WHICH ARE THE BASIS OF THE 37 CONVICTION BE REDEEMED BY THE CONVICTED PERSON WHO IS THE SUBJECT OF THE 38 ORDER OF FORFEITURE OR BY ANY PERSON CHARGED WITH AN ANIMAL CRUELTY 39 OFFENSE FOR CONSPIRING, AIDING, OR ABETTING IN THE UNLAWFUL ACT WHICH 40 WAS THE BASIS OF THE CONVICTION, OR OTHERWISE ACTING AS AN ACCOMPLICE, 41 IF SUCH CHARGE HAS NOT YET BEEN ADJUDICATED. THE COURT SHALL REIMBURSE 42 THE CONVICTED PERSON AND ANY DULY DETERMINED INTERESTED PERSONS, PURSU- 43 ANT TO SUBDIVISION SIX OF THIS SECTION, ANY MONEY EARNED BY THE SALE OF 44 THE FARM ANIMALS LESS ANY COSTS INCLUDING, BUT NOT LIMITED TO, VETERI- 45 NARY AND CUSTODIAL CARE, AND ANY FINES OR PENALTIES IMPOSED BY THE 46 COURT. THE COURT MAY ORDER THAT THE SUBJECT ANIMALS BE PROVIDED WITH 47 APPROPRIATE CARE AND TREATMENT PENDING THE HEARING AND THE DISPOSITION 48 OF THE CHARGES. ANY FARM ANIMAL ORDERED FORFEITED BUT NOT SOLD SHALL BE 49 REMANDED TO THE CUSTODY AND CHARGE OF AN ANIMAL SHELTER, POUND, SHERIFF, 50 MUNICIPAL POLICE DEPARTMENT, DISTRICT ATTORNEY, DULY INCORPORATED SOCIE- 51 TY FOR THE PREVENTION OF CRUELTY TO ANIMALS, OR DULY INCORPORATED HUMANE 52 SOCIETY, OR AUTHORIZED AGENTS THEREOF, AND DISPOSED OF PURSUANT TO 53 SUBDIVISION FIVE OF THIS SECTION. 54 3. THE COURT MAY ORDER THAT THE CONVICTED PERSON SHALL NOT OWN, 55 HARBOR, OR HAVE CUSTODY OR CONTROL OF ANY OTHER ANIMALS, OTHER THAN FARM 56 ANIMALS, FOR A PERIOD OF TIME WHICH THE COURT DEEMS REASONABLE. IN A. 775--B 6 1 MAKING ITS DETERMINATION OF WHAT PERIOD OF TIME IS REASONABLE, THE COURT 2 SHALL TAKE INTO ACCOUNT THE TOTALITY OF THE CIRCUMSTANCES BEFORE IT AND 3 BE BOUND TO NO SINGLE FACTOR. SUCH ORDER MUST BE IN WRITING AND SPECIF- 4 ICALLY STATE THE PERIOD OF TIME IMPOSED. 5 4. NO DOG OR CAT IN THE CUSTODY OF A DULY INCORPORATED SOCIETY FOR THE 6 PREVENTION OF CRUELTY TO ANIMALS, A DULY INCORPORATED HUMANE SOCIETY, OR 7 A POUND OR SHELTER, OR ITS AUTHORIZED AGENTS, SHALL BE USED, SOLD, 8 TRANSFERRED OR OTHERWISE MADE AVAILABLE TO ANY PERSON FOR THE PURPOSE OF 9 RESEARCH, EXPERIMENTATION OR TESTING. NO AUTHORIZED AGENT OF A DULY 10 INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, NOR OF A 11 DULY INCORPORATED HUMANE SOCIETY, SHALL USE ANY ANIMAL PLACED IN ITS 12 CUSTODY BY THE DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY 13 TO ANIMALS OR DULY INCORPORATED HUMANE SOCIETY FOR THE PURPOSE OF 14 RESEARCH, EXPERIMENTATION OR TESTING. 15 5. AN ANIMAL SHELTER, POUND, SHERIFF, MUNICIPAL POLICE DEPARTMENT, 16 DISTRICT ATTORNEY, OR DULY INCORPORATED SOCIETY FOR THE PREVENTION OF 17 CRUELTY TO ANIMALS OR A DULY INCORPORATED HUMANE SOCIETY IN CHARGE OF 18 ANIMALS FORFEITED PURSUANT TO SUBDIVISIONS ONE OR TWO IF THIS SECTION 19 MAY, IN ITS DISCRETION, LAWFULLY AND WITHOUT LIABILITY, ADOPT THEM TO 20 INDIVIDUALS OTHER THAN THE CONVICTED PERSON OR PERSON CHARGED WITH AN 21 ANIMAL CRUELTY OFFENSE FOR CONSPIRING, AIDING OR ABETTING IN THE UNLAW- 22 FUL ACT WHICH WAS THE BASIS OF THE CONVICTION, OR OTHERWISE ACTING AS AN 23 ACCOMPLICE, IF SUCH CHARGE HAS NOT YET BEEN ADJUDICATED, OR HUMANELY 24 DISPOSE OF THEM SUBJECT TO SECTION THREE HUNDRED SEVENTY-FOUR OF THIS 25 ARTICLE. 26 6. (A) PRIOR TO AN ORDER OF FORFEITURE OF FARM ANIMALS, A HEARING 27 SHALL BE HELD WITHIN THIRTY DAYS OF CONVICTION, TO DETERMINE THE PECUNI- 28 ARY INTERESTS OF ANY OTHER PERSON IN THE FARM ANIMALS WHICH WERE THE 29 BASIS OF THE CONVICTION. WRITTEN NOTICE SHALL BE SERVED AT LEAST FIVE 30 DAYS PRIOR TO THE HEARING UPON ALL INTERESTED PERSONS. IN ADDITION, 31 NOTICE SHALL BE MADE BY PUBLICATION IN A LOCAL NEWSPAPER AT LEAST SEVEN 32 DAYS PRIOR TO THE HEARING. FOR THE PURPOSES OF THIS SUBDIVISION, INTER- 33 ESTED PERSONS SHALL MEAN ANY INDIVIDUAL, PARTNERSHIP, FIRM, JOINT STOCK 34 COMPANY, CORPORATION, ASSOCIATION, TRUST, ESTATE, OR OTHER LEGAL ENTITY 35 WHO THE COURT DETERMINES MAY HAVE A PECUNIARY INTEREST IN THE FARM 36 ANIMALS WHICH ARE THE SUBJECT OF THE FORFEITURE ACTION. 37 (B) ALL INTERESTED PERSONS SHALL BE PROVIDED AN OPPORTUNITY AT THE 38 HEARING TO REDEEM THEIR INTEREST AS DETERMINED BY THE COURT IN THE 39 SUBJECT FARM ANIMALS AND TO PURCHASE THE INTEREST OF THE CONVICTED 40 PERSON. THE CONVICTED PERSON SHALL BE ENTITLED TO BE REIMBURSED HIS OR 41 HER INTEREST IN THE FARM ANIMALS, LESS ANY COSTS, FINES OR PENALTIES 42 IMPOSED BY THE COURT, AS SPECIFIED UNDER SUBDIVISION TWO OF THIS 43 SECTION. IN NO CASE SHALL THE COURT AWARD CUSTODY OR CONTROL OF THE 44 ANIMALS TO ANY INTERESTED PERSON WHO CONSPIRED, AIDED OR ABETTED IN THE 45 UNLAWFUL ACT WHICH WAS THE BASIS OF THE CONVICTION, OR WHO KNEW OR 46 SHOULD HAVE KNOWN OF THE UNLAWFUL ACT. 47 7. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT OR RESTRICT IN 48 ANY WAY THE RIGHTS OF A SECURED PARTY HAVING A SECURITY INTEREST IN ANY 49 FARM ANIMAL DESCRIBED IN THIS SECTION. THIS SECTION EXPRESSLY DOES NOT 50 IMPAIR OR SUBORDINATE THE RIGHTS OF SUCH A SECURED LENDER HAVING A SECU- 51 RITY INTEREST IN FARM ANIMALS OR IN THE PROCEEDS FROM THE SALE OF SUCH 52 FARM ANIMALS. 53 S 9. The penal law is amended by adding a new title Q to read as 54 follows: 55 TITLE Q 56 OFFENSES AGAINST ANIMALS A. 775--B 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 FAILURE TO PROVIDE APPROPRIATE SHELTER FOR DOGS LEFT 17 OUTDOORS. 18 280.65 CONFINEMENT OF COMPANION ANIMALS IN VEHICLES IN EXTREME 19 TEMPERATURES. 20 280.70 LEAVING NEW YORK STATE TO AVOID PROVISIONS OF THIS ARTI- 21 CLE. 22 280.75 EVIDENTIARY AND IMPOUNDMENT PROCEDURES BY MEMBERS OF LAW 23 ENFORCEMENT. 24 280.80 SPECIAL SENTENCING PROVISIONS APPLICABLE. 25 S 280.00 DEFINITIONS. 26 THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS ARTICLE: 27 1. "ANIMAL," AS USED IN THIS ARTICLE, INCLUDES EVERY LIVING CREATURE 28 EXCEPT A HUMAN BEING. 29 2. "CRUELTY" INCLUDES EVERY ACT, OMISSION, OR NEGLECT, WHEREBY PHYS- 30 ICAL PAIN, SUFFERING OR DEATH IS CAUSED OR PERMITTED, AND SHALL SPECIF- 31 ICALLY INCLUDE ANY ACT OF OVERDRIVING, OVERLOADING, INJURING, MAIMING, 32 MUTILATING, OR KILLING OF AN ANIMAL. 33 3. "AGGRAVATED CRUELTY" SHALL MEAN AN ACT OF CRUELTY THAT IS DONE OR 34 CARRIED OUT IN AN ESPECIALLY DEPRAVED OR SADISTIC MANNER. 35 4. "TORTURE" MEANS CONDUCT THAT IS INTENDED TO CAUSE EXTREME PHYSICAL 36 PAIN. 37 5. "ADOPTION" MEANS THE DELIVERY OF ANY ANIMAL, FORFEITED, SEIZED OR 38 SURRENDERED, TO ANY NATURAL PERSON EIGHTEEN YEARS OF AGE OR OLDER, FOR 39 THE PURPOSE OF THAT PERSON PERMANENTLY HARBORING SUCH ANIMAL AS A PET. 40 6. "FARM ANIMAL," AS USED IN THIS ARTICLE, MEANS ANY UNGULATE, POUL- 41 TRY, SPECIES OF CATTLE, SHEEP, SWINE, GOATS, LLAMAS, HORSES OR FUR-BEAR- 42 ING ANIMALS, AS DEFINED IN SECTION 11-1907 OF THE ENVIRONMENTAL CONSER- 43 VATION LAW, WHICH ARE RAISED FOR COMMERCIAL OR SUBSISTENCE PURPOSES. 44 FUR-BEARING ANIMAL, AS REFERENCED IN THIS SUBDIVISION, SHALL NOT INCLUDE 45 DOGS OR CATS. 46 7. "COMPANION ANIMAL" OR "PET" MEANS ANY DOG OR CAT, AND SHALL ALSO 47 MEAN ANY OTHER DOMESTICATED ANIMAL NORMALLY MAINTAINED IN OR NEAR THE 48 HOUSEHOLD OF THE OWNER OR PERSON WHO CARES FOR SUCH OTHER DOMESTICATED 49 ANIMAL. "COMPANION ANIMAL" OR "PET" SHALL NOT INCLUDE A "FARM ANIMAL" AS 50 DEFINED IN THIS SECTION. 51 8. "ANIMAL FIGHTING" MEANS ANY FIGHT BETWEEN COCKS OR OTHER BIRDS, OR 52 BETWEEN DOGS, BULLS, BEARS OR ANY OTHER ANIMALS, OR BETWEEN ANY SUCH 53 ANIMAL AND A PERSON OR PERSONS, EXCEPT IN EXHIBITIONS OF A KIND COMMONLY 54 FEATURED AT RODEOS, WHICH SERVES NO LEGITIMATE PURPOSE. 55 9. "ABANDONS," AS USED IN THIS ARTICLE, MEANS ANY ACTION TAKEN THAT 56 REFLECTS WILLFUL DEPARTURE FROM THE OWNERSHIP, POSSESSION, CARE, A. 775--B 8 1 CONTROL, CHARGE OR CUSTODY OF AN ANIMAL, WITHOUT MAKING ADEQUATE 2 PROVISIONS FOR THE ANIMAL'S FUTURE CARE. 3 10. "RESTRAIN" MEANS TO RESTRICT AN ANIMAL'S MOVEMENTS INTENTIONALLY 4 AND UNLAWFULLY IN SUCH MANNER AS TO INTERFERE SUBSTANTIALLY WITH ITS 5 LIBERTY BY MOVING IT FROM ONE PLACE TO ANOTHER, OR BY CONFINING IT 6 EITHER IN THE PLACE WHERE THE RESTRICTION COMMENCES OR IN A PLACE TO 7 WHICH IT HAS BEEN MOVED, WITH KNOWLEDGE THAT THE RESTRICTION IS UNLAW- 8 FUL. 9 11. "ABDUCT" MEANS TO RESTRAIN AN ANIMAL WITH INTENT TO PREVENT ITS 10 LIBERATION BY SECRETING OR HOLDING IT IN A PLACE WHERE IT IS NOT LIKELY 11 TO BE FOUND. 12 12. "ANIMAL FIGHTING PARAPHERNALIA" SHALL MEAN EQUIPMENT, PRODUCTS, OR 13 MATERIALS OF ANY KIND THAT ARE USED, INTENDED FOR USE, OR DESIGNED FOR 14 USE IN THE TRAINING, PREPARATION, CONDITIONING OR FURTHERANCE OF ANIMAL 15 FIGHTING. ANIMAL FIGHTING PARAPHERNALIA INCLUDES (I) A BREAKING STICK, 16 WHICH MEANS A DEVICE DESIGNED FOR INSERTION BEHIND THE MOLARS OF A DOG 17 FOR THE PURPOSE OF BREAKING THE DOG'S GRIP ON ANOTHER ANIMAL OR OBJECT; 18 (II) A CAT MILL, WHICH MEANS A DEVICE THAT ROTATES AROUND A CENTRAL 19 SUPPORT WITH ONE ARM DESIGNED TO SECURE A DOG AND ONE ARM DESIGNED TO 20 SECURE A CAT, RABBIT, OR OTHER SMALL ANIMAL BEYOND THE GRASP OF THE DOG; 21 (III) A TREADMILL, WHICH MEANS AN EXERCISE DEVICE CONSISTING OF AN 22 ENDLESS BELT ON WHICH THE ANIMAL WALKS OR RUNS WITHOUT CHANGING PLACES; 23 (IV) A SPRINGPOLE, WHICH MEANS A BITING SURFACE ATTACHED TO A STRETCHA- 24 BLE DEVICE, SUSPENDED AT A HEIGHT SUFFICIENT TO PREVENT A DOG FROM 25 REACHING THE BITING SURFACE WHILE TOUCHING THE GROUND; (V) A FIGHTING 26 PIT, WHICH MEANS A WALLED AREA, OR OTHERWISE DEFINED AREA, DESIGNED TO 27 CONTAIN AN ANIMAL FIGHT; (VI) ANY OTHER INSTRUMENT COMMONLY USED IN THE 28 FURTHERANCE OF PITTING AN ANIMAL AGAINST ANOTHER ANIMAL. 29 S 280.05 PROMOTING ANIMAL FIGHTING IN THE SECOND DEGREE. 30 A PERSON IS GUILTY OF PROMOTING ANIMAL FIGHTING IN THE SECOND DEGREE 31 WHEN SUCH PERSON: 32 1. OWNS, POSSESSES, OR KEEPS ANY ANIMAL UNDER ANY CIRCUMSTANCE EVINC- 33 ING AN INTENT THAT SUCH ANIMAL ENGAGE IN ANIMAL FIGHTING; OR 34 2. PAYS AN ADMISSION FEE, MAKES A WAGER, OR IS OTHERWISE PRESENT AT 35 ANY PLACE WHERE AN EXHIBITION OF ANIMAL FIGHTING IS BEING CONDUCTED, AND 36 SUCH PERSON HAS KNOWLEDGE THAT SUCH AN EXHIBITION IS BEING CONDUCTED. 37 3. OWNS, POSSESSES, SELLS, TRANSFERS OR MANUFACTURES ANIMAL FIGHTING 38 PARAPHERNALIA UNDER ANY CIRCUMSTANCE EVINCING AN INTENT THAT SUCH 39 PARAPHERNALIA BE USED TO ENGAGE IN OR OTHERWISE PROMOTE OR FACILITATE 40 ANIMAL FIGHTING. 41 PROMOTING ANIMAL FIGHTING IN THE SECOND DEGREE IS A CLASS A MISDEMEA- 42 NOR. 43 S 280.10 PROMOTING ANIMAL FIGHTING IN THE FIRST DEGREE. 44 A PERSON IS GUILTY OF PROMOTING ANIMAL FIGHTING IN THE FIRST DEGREE 45 WHEN SUCH PERSON: 46 1. INTENTIONALLY CAUSES AN ANIMAL TO ENGAGE IN ANIMAL FIGHTING; OR 47 2. TRAINS AN ANIMAL UNDER CIRCUMSTANCES EVINCING AN INTENT THAT SUCH 48 ANIMAL ENGAGE IN ANIMAL FIGHTING; OR 49 3. BREEDS, TRANSFERS, SELLS, OR OFFERS FOR SALE AN ANIMAL UNDER 50 CIRCUMSTANCES EVINCING AN INTENT THAT SUCH ANIMAL ENGAGE IN ANIMAL 51 FIGHTING; OR 52 4. PERMITS ANY ACT DESCRIBED IN SUBDIVISIONS ONE, TWO OR THREE OF THIS 53 SECTION TO OCCUR ON PREMISES UNDER HIS OR HER CONTROL; OR 54 5. OWNS, POSSESSES, HARBORS, OR KEEPS ANY ANIMAL ON PREMISES WHERE AN 55 EXHIBITION OF ANIMAL FIGHTING IS BEING CONDUCTED UNDER CIRCUMSTANCES 56 EVINCING AN INTENT THAT SUCH ANIMAL ENGAGE IN ANIMAL FIGHTING. A. 775--B 9 1 PROMOTING ANIMAL FIGHTING IN THE FIRST DEGREE IS A CLASS D FELONY. 2 S 280.20 ANIMAL CRUELTY IN THE SECOND DEGREE. 3 A PERSON IS GUILTY OF ANIMAL CRUELTY IN THE SECOND DEGREE WHEN: 4 1. HAVING OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR CUSTODY OF 5 AN ANIMAL, HE OR SHE DEPRIVES SUCH ANIMAL OF, OR NEGLECTS TO FURNISH 6 SUCH ANIMAL WITH, NUTRITION, HYDRATION, VETERINARY CARE, OR SHELTER 7 ADEQUATE TO MAINTAIN THE ANIMAL'S HEALTH AND COMFORT, OR CAUSES, 8 PROCURES, OR PERMITS SUCH ANIMAL TO BE DEPRIVED OF NUTRITION, HYDRATION, 9 VETERINARY CARE, OR SHELTER ADEQUATE TO MAINTAIN THE ANIMAL'S HEALTH AND 10 COMFORT, AND HE OR SHE KNOWS OR REASONABLY SHOULD KNOW THAT THAT SUCH 11 ANIMAL IS NOT RECEIVING ADEQUATE NUTRITION, HYDRATION, VETERINARY CARE, 12 OR SHELTER; OR 13 2. HAVING OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR CUSTODY OF 14 AN ANIMAL, HE OR SHE ABANDONS SUCH ANIMAL; OR 15 3. HAVING NO JUSTIFIABLE PURPOSE, HE OR SHE KNOWINGLY INSTIGATES, 16 ENGAGES IN, OR IN ANY WAY FURTHERS CRUELTY TO AN ANIMAL, OR ANY ACT 17 TENDING TO PRODUCE SUCH CRUELTY; OR 18 4. HAVING NO JUSTIFIABLE PURPOSE, HE OR SHE ADMINISTERS OR EXPOSES ANY 19 POISONOUS OR NOXIOUS DRUG OR SUBSTANCE TO AN ANIMAL, WITH INTENT THAT 20 THE ANIMAL TAKE THE SAME AND WITH INTENT TO INJURE THE ANIMAL. 21 NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT OR 22 INTERFERE IN ANY WAY WITH ANYONE LAWFULLY ENGAGED IN HUNTING, TRAPPING, 23 OR FISHING, AS PROVIDED IN ARTICLE ELEVEN OF THE ENVIRONMENTAL CONSERVA- 24 TION LAW, THE DISPATCH OF RABID OR DISEASED ANIMALS, AS PROVIDED IN 25 ARTICLE TWENTY-ONE OF THE PUBLIC HEALTH LAW, OR THE DISPATCH OF ANIMALS 26 POSING A THREAT TO HUMAN SAFETY OR OTHER ANIMALS, WHERE SUCH ACTION IS 27 OTHERWISE LEGALLY AUTHORIZED. NOTHING HEREIN CONTAINED SHALL BE 28 CONSTRUED TO PROHIBIT OR INTERFERE WITH ANY PROPERLY CONDUCTED SCIENTIF- 29 IC TESTS, EXPERIMENTS, OR INVESTIGATIONS INVOLVING THE USE OF LIVING 30 ANIMALS, PERFORMED OR CONDUCTED IN LABORATORIES OR INSTITUTIONS, WHICH 31 ARE APPROVED FOR THESE PURPOSES BY THE STATE COMMISSIONER OF HEALTH. THE 32 STATE COMMISSIONER OF HEALTH SHALL PRESCRIBE THE RULES UNDER WHICH SUCH 33 APPROVALS SHALL BE GRANTED, INCLUDING THEREIN STANDARDS REGARDING THE 34 CARE AND TREATMENT OF ANY SUCH ANIMALS. SUCH RULES SHALL BE PUBLISHED 35 AND COPIES THEREOF CONSPICUOUSLY POSTED IN EACH SUCH LABORATORY OR 36 INSTITUTION. THE STATE COMMISSIONER OF HEALTH OR HIS OR HER DULY AUTHOR- 37 IZED REPRESENTATIVE SHALL HAVE THE POWER TO INSPECT SUCH LABORATORIES OR 38 INSTITUTIONS TO INSURE COMPLIANCE WITH SUCH RULES AND STANDARDS. EACH 39 SUCH APPROVAL MAY BE REVOKED AT ANY TIME FOR FAILURE TO COMPLY WITH SUCH 40 RULES AND IN ANY CASE THE APPROVAL SHALL BE LIMITED TO A PERIOD NOT 41 EXCEEDING ON YEAR. 42 ANIMAL CRUELTY IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR. 43 S 280.25 ANIMAL CRUELTY IN THE FIRST DEGREE. 44 A PERSON IS GUILTY OF ANIMAL CRUELTY IN THE FIRST DEGREE WHEN: 45 1. HAVING NO JUSTIFIABLE PURPOSE AND WITH INTENT TO CAUSE THE DEATH OF 46 A COMPANION ANIMAL, HE OR SHE CAUSES THE DEATH OF SUCH ANIMAL; OR 47 2. HAVING NO JUSTIFIABLE PURPOSE AND WITH INTENT TO CAUSE SERIOUS 48 PHYSICAL INJURY TO A COMPANION ANIMAL, HE OR SHE CAUSES SUCH INJURY TO 49 SUCH ANIMAL; OR 50 3. HAVING NO JUSTIFIABLE PURPOSE, HE OR SHE INTENTIONALLY TORTURES AN 51 ANIMAL OR KNOWINGLY INSTIGATES, ENGAGES IN, OR IN ANY WAYS FURTHERS 52 AGGRAVATED CRUELTY TO AN ANIMAL, OR ANY ACT TENDING TO PRODUCE SUCH 53 AGGRAVATED CRUELTY; OR 54 4. COMMITS THE CRIME OF ANIMAL CRUELTY IN THE SECOND DEGREE IN 55 VIOLATION OF SUBDIVISION FOUR OF SECTION 280.20 OF THIS ARTICLE AND SUCH 56 ANIMAL IS A HORSE, MULE, OR DOMESTIC CATTLE; OR A. 775--B 10 1 5. COMMITS THE CRIME OF ANIMAL CRUELTY IN THE SECOND DEGREE IN 2 VIOLATION OF SECTION 280.20 OF THIS ARTICLE AND HAS PREVIOUSLY BEEN 3 CONVICTED, WITHIN THE PRECEDING TEN YEARS, OF ANIMAL CRUELTY IN THE 4 SECOND DEGREE. 5 NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT OR 6 INTERFERE IN ANY WAY WITH ANYONE LAWFULLY ENGAGED IN HUNTING, TRAPPING, 7 OR FISHING, AS PROVIDED IN ARTICLE ELEVEN OF THE ENVIRONMENTAL CONSERVA- 8 TION LAW, THE DISPATCH OF RABID OR DISEASED ANIMALS, AS PROVIDED IN 9 ARTICLE TWENTY-ONE OF THE PUBLIC HEALTH LAW, THE DISPATCH OF ANIMALS 10 POSING A THREAT TO HUMAN SAFETY OR OTHER ANIMALS, WHERE SUCH ACTION IS 11 OTHERWISE LEGALLY AUTHORIZED, OR ANY PROPERLY CONDUCTED SCIENTIFIC 12 TESTS, EXPERIMENTS, OR INVESTIGATIONS INVOLVING THE USE OF LIVING 13 ANIMALS, PERFORMED OR CONDUCTED IN LABORATORIES OR INSTITUTIONS APPROVED 14 FOR SUCH PURPOSES BY THE COMMISSIONER OF HEALTH PURSUANT TO SECTION 15 280.20 OF THIS ARTICLE. 16 ANIMAL CRUELTY IN THE FIRST DEGREE IS A CLASS D FELONY. 17 S 280.30 UNLAWFUL DEALING WITH ANIMALS USED FOR RACING, BREEDING, OR 18 COMPETITIVE EXHIBITION OF SKILL, BREED OR STAMINA. 19 A PERSON IS GUILTY OF UNLAWFUL DEALING WITH ANIMALS USED FOR RACING, 20 BREEDING, OR COMPETITIVE EXHIBITION OF SKILL, BREED, OR STAMINA WHEN 21 SUCH PERSON: 22 1. COMMITS THE CRIME OF ANIMAL CRUELTY IN THE SECOND DEGREE IN 23 VIOLATION OF SECTION 280.20 OF THIS ARTICLE, AND SUCH ANIMAL IS AN 24 ANIMAL USED FOR THE PURPOSES OF RACING, BREEDING OR COMPETITIVE EXHIBI- 25 TION OF SKILL, BREED, OR STAMINA; OR 26 2. HAVING NO JUSTIFIABLE PURPOSE, HE OR SHE TAMPERS WITH AN ANIMAL 27 USED FOR THE PURPOSES OF RACING, BREEDING, OR COMPETITIVE EXHIBITION OF 28 SKILL, BREED, OR STAMINA, OR OTHERWISE INTERFERES WITH SUCH AN ANIMAL 29 DURING A RACE OR COMPETITIVE EXHIBITION OF SKILL, BREED, OR STAMINA. 30 UNLAWFUL DEALING WITH ANIMALS USED FOR RACING, BREEDING OR COMPETITIVE 31 EXHIBITION OF SKILL, BREED OR STAMINA IS A CLASS E FELONY. 32 S 280.35 ENDANGERING THE WELFARE OF ANIMALS. 33 A PERSON IS GUILTY OF ENDANGERING THE WELFARE OF ANIMALS WHEN, WITH 34 THE INTENT TO CAUSE INJURY TO AN ANIMAL, OR RECKLESSLY CREATING A RISK 35 THEREOF, SUCH PERSON: 36 1. CREATES A HAZARDOUS OR PHYSICALLY OFFENSIVE CONDITION FOR ANY 37 ANIMAL BY ANY ACT THAT SERVES NO LEGITIMATE PURPOSE; OR 38 2. THROWS, DROPS OR PLACES, OR CAUSES TO BE THROWN, DROPPED OR PLACED 39 IN A PUBLIC PLACE, A SUBSTANCE THAT MIGHT WOUND, DISABLE, OR INJURE ANY 40 ANIMAL. 41 ENDANGERING THE WELFARE OF ANIMALS IS A VIOLATION. 42 S 280.40 ANIMAL ABDUCTION IN THE THIRD DEGREE. 43 A PERSON IS GUILTY OF ANIMAL ABDUCTION IN THE THIRD DEGREE WHEN SUCH 44 PERSON RESTRAINS A COMPANION ANIMAL WITHOUT THE CONSENT OF THE INDIVID- 45 UAL HAVING OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR CUSTODY OVER 46 SAID COMPANION ANIMAL. 47 ANIMAL ABDUCTION IN THE THIRD DEGREE IS A CLASS B MISDEMEANOR. 48 S 280.45 ANIMAL ABDUCTION IN THE SECOND DEGREE. 49 A PERSON IS GUILTY OF ANIMAL ABDUCTION IN THE SECOND DEGREE WHEN SUCH 50 PERSON ABDUCTS A COMPANION ANIMAL WITHOUT THE CONSENT OF THE INDIVIDUAL 51 HAVING OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR CUSTODY OVER SAID 52 COMPANION ANIMAL. 53 ANIMAL ABDUCTION IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR. 54 S 280.50 ANIMAL ABDUCTION IN THE FIRST DEGREE. 55 A PERSON IS GUILTY OF ANIMAL ABDUCTION IN THE FIRST DEGREE WHEN SUCH 56 PERSON ABDUCTS OR RESTRAINS A COMPANION ANIMAL WITHOUT THE CONSENT OF A. 775--B 11 1 THE INDIVIDUAL HAVING OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR 2 CUSTODY OVER SAID COMPANION ANIMAL, AND WHEN: 3 1. SUCH PERSON'S INTENT IS TO COMPEL THE PAYMENT OR DELIVERANCE OF 4 MONEY OR PROPERTY AS RANSOM, OR TO ENGAGE IN OTHER PARTICULAR CONDUCT, 5 OR TO REFRAIN FROM ENGAGING IN PARTICULAR CONDUCT; OR 6 2. SUCH PERSON CAUSES PHYSICAL INJURY TO THE COMPANION ANIMAL; OR 7 3. THE COMPANION ANIMAL DIES DURING THE ABDUCTION OR BEFORE IT IS ABLE 8 TO RETURN OR BE RETURNED TO SAFETY. SUCH DEATH SHALL BE PRESUMED FROM 9 EVIDENCE THAT THE INDIVIDUAL HAVING OWNERSHIP, POSSESSION, CARE, 10 CONTROL, CHARGE OR CUSTODY OVER SAID COMPANION ANIMAL DID NOT SEE THE 11 ANIMAL FOLLOWING THE TERMINATION OF THE ABDUCTION AND PRIOR TO TRIAL AND 12 RECEIVED NO RELIABLE INFORMATION DURING SUCH PERIOD PERSUASIVELY INDI- 13 CATING THAT SUCH ANIMAL WAS ALIVE. 14 ANIMAL ABDUCTION IN THE FIRST DEGREE IS A CLASS D FELONY. 15 S 280.55 UNAUTHORIZED POSSESSION OF ANIMAL PRESUMPTIVE EVIDENCE OF 16 RESTRAINT AND ABDUCTION. 17 THE UNAUTHORIZED POSSESSION OF A COMPANION ANIMAL BY ANY PERSON WITH- 18 OUT THE CONSENT OF THE INDIVIDUAL HAVING OWNERSHIP, POSSESSION, CARE, 19 CONTROL, CHARGE OR CUSTODY OVER SAID COMPANION ANIMAL, FOR A PERIOD 20 EXCEEDING TEN DAYS, WITHOUT NOTIFYING EITHER SAID INDIVIDUAL, THE LOCAL 21 POLICE AUTHORITIES, THE LOCAL MUNICIPAL SHELTER OR POUND, OR THE SUPER- 22 INTENDENT OF THE STATE POLICE AT ALBANY, NEW YORK, OF SUCH POSSESSION, 23 SHALL BE PRESUMPTIVE EVIDENCE OF RESTRAINT AND ABDUCTION. 24 S 280.60 FAILURE TO PROVIDE APPROPRIATE SHELTER FOR DOGS LEFT OUTDOORS. 25 1. FOR PURPOSES OF THIS SECTION: 26 (A) "PHYSICAL CONDITION" SHALL INCLUDE ANY SPECIAL MEDICAL NEEDS OF A 27 DOG DUE TO DISEASE, ILLNESS, INJURY, AGE OR BREED ABOUT WHICH THE OWNER 28 OR PERSON WITH CUSTODY OR CONTROL OF THE DOG SHOULD REASONABLY BE AWARE. 29 (B) "INCLEMENT WEATHER" SHALL MEAN WEATHER CONDITIONS THAT ARE LIKELY 30 TO ADVERSELY AFFECT THE HEALTH OR SAFETY OF THE DOG, INCLUDING BUT NOT 31 LIMITED TO RAIN, SLEET, ICE, SNOW, WIND, OR EXTREME HEAT AND COLD. 32 (C) "DOGS THAT ARE LEFT OUTDOORS" SHALL MEAN DOGS THAT ARE OUTDOORS IN 33 INCLEMENT WEATHER WITHOUT READY ACCESS TO, OR THE ABILITY TO ENTER, A 34 HOUSE, APARTMENT BUILDING, OFFICE BUILDING, OR ANY OTHER PERMANENT 35 STRUCTURE THAT COMPLIES WITH THE STANDARDS ENUMERATED IN PARAGRAPH (B) 36 OF SUBDIVISION THREE OF THIS SECTION. 37 2. (A) ANY PERSON WHO OWNS OR HAS CUSTODY OR CONTROL OF A DOG THAT IS 38 LEFT OUTDOORS SHALL PROVIDE IT WITH SHELTER APPROPRIATE TO ITS BREED, 39 PHYSICAL CONDITION AND THE CLIMATE. 40 (B) BEGINNING SEVENTY-TWO HOURS AFTER A CHARGE OF VIOLATING THIS 41 SECTION, EACH DAY THAT A DEFENDANT FAILS TO CORRECT THE DEFICIENCIES IN 42 THE DOG SHELTER FOR A DOG THAT HE OR SHE OWNS OR THAT IS IN HIS OR HER 43 CUSTODY OR CONTROL AND THAT IS LEFT OUTDOORS, SO AS TO BRING IT INTO 44 COMPLIANCE WITH THE PROVISIONS OF THIS SECTION SHALL CONSTITUTE A SEPA- 45 RATE OFFENSE. 46 3. MINIMUM STANDARDS FOR DETERMINING WHETHER SHELTER IS APPROPRIATE TO 47 A DOG'S BREED, PHYSICAL CONDITION AND THE CLIMATE SHALL INCLUDE: 48 (A) FOR DOGS THAT ARE RESTRAINED IN ANY MANNER OUTDOORS, SHADE BY 49 NATURAL OR ARTIFICIAL MEANS TO PROTECT THE DOG FROM DIRECT SUNLIGHT AT 50 ALL TIMES WHEN EXPOSURE TO SUNLIGHT IS LIKELY TO THREATEN THE HEALTH OF 51 THE DOG. 52 (B) FOR ALL DOGS THAT ARE LEFT OUTDOORS IN INCLEMENT WEATHER, A HOUS- 53 ING FACILITY, WHICH MUST: (1) HAVE A WATERPROOF ROOF; (2) BE STRUC- 54 TURALLY SOUND WITH INSULATION APPROPRIATE TO LOCAL CLIMATIC CONDITIONS 55 AND SUFFICIENT TO PROTECT THE DOG FROM INCLEMENT WEATHER; (3) BE 56 CONSTRUCTED TO ALLOW EACH DOG ADEQUATE FREEDOM OF MOVEMENT TO MAKE A. 775--B 12 1 NORMAL POSTURAL ADJUSTMENTS, INCLUDING THE ABILITY TO STAND UP, TURN 2 AROUND AND LIE DOWN WITH ITS LIMBS OUTSTRETCHED; AND (4) ALLOW FOR 3 EFFECTIVE REMOVAL OF EXCRETIONS, OTHER WASTE MATERIAL; DIRT AND TRASH. 4 THE HOUSING FACILITY AND THE AREA IMMEDIATELY SURROUNDING IT SHALL BE 5 REGULARLY CLEANED TO MAINTAIN A HEALTHY AND SANITARY ENVIRONMENT AND TO 6 MINIMIZE HEALTH HAZARDS. 7 4. INADEQUATE SHELTER MAY BE INDICATED BY THE APPEARANCE OF THE HOUS- 8 ING FACILITY ITSELF, INCLUDING BUT NOT LIMITED TO, SIZE, STRUCTURAL 9 SOUNDNESS, EVIDENCE OF CROWDING WITHIN THE HOUSING FACILITY, HEALTHFUL 10 ENVIRONMENT IN THE AREA IMMEDIATELY SURROUNDING SUCH FACILITY, OR BY THE 11 APPEARANCE OR PHYSICAL CONDITION OF THE DOG. 12 5. UPON A FINDING OF ANY VIOLATION OF THIS SECTION, ANY DOG OR DOGS 13 SEIZED PURSUANT TO THE PROVISIONS OF THIS ARTICLE THAT HAVE NOT BEEN 14 VOLUNTARILY SURRENDERED BY THE OWNER OR CUSTODIAN OR FORFEITED PURSUANT 15 TO COURT ORDER SHALL BE RETURNED TO THE OWNER OR CUSTODIAN ONLY UPON 16 PROOF THAT APPROPRIATE SHELTER AS REQUIRED BY THIS SECTION IS BEING 17 PROVIDED. 18 6. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO AFFECT ANY 19 PROTECTIONS AFFORDED TO DOGS OR OTHER ANIMALS UNDER ANY OTHER PROVISIONS 20 OF THIS ARTICLE. 21 FAILURE TO PROVIDE APPROPRIATE SHELTER FOR DOGS LEFT OUTDOORS IS A 22 VIOLATION. 23 S 280.65 CONFINEMENT OF COMPANION ANIMALS IN VEHICLES IN EXTREME TEMPER- 24 ATURES. 25 1. A PERSON SHALL NOT CONFINE A COMPANION ANIMAL IN A MOTOR VEHICLE IN 26 EXTREME HEAT OR COLD WITHOUT PROPER VENTILATION OR OTHER PROTECTION FROM 27 SUCH EXTREME TEMPERATURES WHERE SUCH CONFINEMENT PLACES THE COMPANION 28 ANIMAL IN IMMINENT DANGER OF DEATH OR SERIOUS PHYSICAL INJURY DUE TO 29 EXPOSURE TO SUCH EXTREME HEAT OR COLD. 30 2. WHERE THE OPERATOR OF SUCH A VEHICLE CANNOT BE PROMPTLY LOCATED, A 31 POLICE OFFICER, PEACE OFFICER, OR PEACE OFFICER ACTING AS AN AGENT OF A 32 DULY INCORPORATED HUMANE SOCIETY MAY TAKE NECESSARY STEPS TO REMOVE THE 33 ANIMAL OR ANIMALS FROM THE VEHICLE. 34 3. POLICE OFFICERS, PEACE OFFICERS OR PEACE OFFICERS ACTING AS AGENTS 35 OF A DULY INCORPORATED HUMANE SOCIETY REMOVING AN ANIMAL OR ANIMALS FROM 36 A VEHICLE PURSUANT TO THIS SECTION SHALL PLACE A WRITTEN NOTICE ON OR IN 37 THE VEHICLE, BEARING THE NAME OF THE OFFICER OR AGENT, AND THE DEPART- 38 MENT OR AGENCY AND ADDRESS WHERE THE ANIMAL OR ANIMALS WILL BE TAKEN. 39 4. AN ANIMAL OR ANIMALS REMOVED FROM A VEHICLE PURSUANT TO THIS 40 SECTION SHALL, AFTER RECEIPT OF ANY NECESSARY EMERGENCY VETERINARY 41 TREATMENT, BE DELIVERED TO THE DULY INCORPORATED HUMANE SOCIETY OR SOCI- 42 ETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, OR DESIGNATED AGENT THERE- 43 OF, IN THE JURISDICTION WHERE THE ANIMAL OR ANIMALS WERE SEIZED. 44 5. OFFICERS SHALL NOT BE HELD CRIMINALLY OR CIVILLY LIABLE FOR ACTIONS 45 TAKEN REASONABLY AND IN GOOD FAITH IN CARRYING OUT THE PROVISIONS OF 46 THIS SECTION. 47 6. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO AFFECT ANY 48 OTHER PROTECTIONS AFFORDED TO COMPANION ANIMALS UNDER ANY OTHER 49 PROVISIONS OF THIS ARTICLE. 50 CONFINEMENT OF COMPANION ANIMALS IN VEHICLES IN EXTREME TEMPERATURES 51 IS A VIOLATION. 52 S 280.70 LEAVING NEW YORK STATE TO AVOID PROVISIONS OF THIS ARTICLE. 53 A PERSON WHO LEAVES THIS STATE WITH INTENT TO ELUDE ANY OF THE 54 PROVISIONS OF THIS ARTICLE OR TO COMMIT ANY ACT OUT OF THIS STATE WHICH 55 IS PROHIBITED BY THEM OR WHO, BEING A RESIDENT OF THIS STATE, DOES ANY 56 ACT WITHOUT THIS STATE, PURSUANT TO SUCH INTENT, WHICH WOULD BE PUNISHA- A. 775--B 13 1 BLE UNDER SUCH PROVISIONS, IF COMMITTED WITHIN THIS STATE, IS PUNISHABLE 2 IN THE SAME MANNER AS IF SUCH ACT HAD BEEN COMMITTED WITHIN THIS STATE. 3 S 280.75 EVIDENTIARY AND IMPOUNDMENT PROCEDURES BY MEMBERS OF LAW 4 ENFORCEMENT. 5 MATTERS RELATING TO THE SEIZURE, ADOPTION, CARE, DISPOSITION, AND 6 DESTRUCTION OF ANIMALS BY MEMBERS OF LAW ENFORCEMENT AND MEMBERS OF A 7 DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS 8 CHARGED TO ENFORCE THIS ARTICLE, ANCILLARY TO SUCH ENFORCEMENT OF THIS 9 ARTICLE, SHALL BE GOVERNED BY ARTICLE TWENTY-SIX OF THE AGRICULTURE AND 10 MARKETS LAW AND ARTICLE SIX HUNDRED NINETY OF THE CRIMINAL PROCEDURE 11 LAW. 12 S 280.80 SPECIAL SENTENCING PROVISIONS APPLICABLE. 13 IN ADDITION TO ANY OTHER PENALTY PROVIDED BY LAW, THE SENTENCING 14 PROVISIONS CONTAINED IN SECTION THREE HUNDRED EIGHTY OF THE AGRICULTURE 15 AND MARKETS LAW SHALL BE APPLICABLE TO VIOLATIONS OF THIS ARTICLE. 16 S 10. The penal law is amended by adding a new section 60.22 to read 17 as follows: 18 S 60.22 AUTHORIZED DISPOSITIONS; PROMOTING ANIMAL FIGHTING. 19 WHEN A PERSON IS CONVICTED OF AN OFFENSE DEFINED IN SECTION 280.05 OF 20 THIS CHAPTER, IN ADDITION TO THE OTHER PENALTIES AS PROVIDED IN THIS 21 CHAPTER, THE COURT MAY IMPOSE A FINE WHICH SHALL NOT EXCEED FIFTEEN 22 THOUSAND DOLLARS. WHEN A PERSON IS CONVICTED OF AN OFFENSE DEFINED IN 23 SECTION 280.10 OF THIS CHAPTER, THE COURT MAY IMPOSE A FINE WHICH SHALL 24 NOT EXCEED TWENTY-FIVE THOUSAND DOLLARS. 25 S 11. Paragraph (c) of subdivision 1 of section 70.02 of the penal 26 law, as amended by chapter 1 of the laws of 2013, is amended to read as 27 follows: 28 (c) Class D violent felony offenses: an attempt to commit any of the 29 class C felonies set forth in paragraph (b); reckless assault of a child 30 as defined in section 120.02, assault in the second degree as defined in 31 section 120.05, menacing a police officer or peace officer as defined in 32 section 120.18, stalking in the first degree, as defined in subdivision 33 one of section 120.60, strangulation in the second degree as defined in 34 section 121.12, rape in the second degree as defined in section 130.30, 35 criminal sexual act in the second degree as defined in section 130.45, 36 sexual abuse in the first degree as defined in section 130.65, course of 37 sexual conduct against a child in the second degree as defined in 38 section 130.80, aggravated sexual abuse in the third degree as defined 39 in section 130.66, facilitating a sex offense with a controlled 40 substance as defined in section 130.90, criminal possession of a weapon 41 in the third degree as defined in subdivision five, six, seven, eight, 42 nine or ten of section 265.02, criminal sale of a firearm in the third 43 degree as defined in section 265.11, intimidating a victim or witness in 44 the second degree as defined in section 215.16, soliciting or providing 45 support for an act of terrorism in the second degree as defined in 46 section 490.10, and making a terroristic threat as defined in section 47 490.20, falsely reporting an incident in the first degree as defined in 48 section 240.60, placing a false bomb or hazardous substance in the first 49 degree as defined in section 240.62, placing a false bomb or hazardous 50 substance in a sports stadium or arena, mass transportation facility or 51 enclosed shopping mall as defined in section 240.63, [and] aggravated 52 unpermitted use of indoor pyrotechnics in the first degree as defined in 53 section 405.18, AND ANIMAL CRUELTY IN THE FIRST DEGREE AS DEFINED IN 54 SUBDIVISION ONE, TWO OR THREE OF SECTION 280.25. 55 S 12. Section 195.06 of the penal law, as added by chapter 42 of the 56 laws of 1986, is amended to read as follows: A. 775--B 14 1 S 195.06 Killing or injuring a police animal. 2 A person is guilty of killing or injuring a police animal when such 3 person intentionally kills or injures any animal while such animal is in 4 the performance of its duties and under the supervision of a police or 5 peace officer. 6 Killing or injuring a police animal is a class [A misdemeanor] D FELO- 7 NY. 8 S 13. Section 195.11 of the penal law, as added by chapter 344 of the 9 laws of 1989, is amended to read as follows: 10 S 195.11 Harming an animal trained to aid a person with a disability in 11 the second degree. 12 A person is guilty of harming an animal trained to aid a person with a 13 disability in the second degree when such person intentionally causes 14 physical injury to such animal while it is in the performance of aiding 15 a person with a disability, and thereby renders such animal incapable of 16 providing such aid to such person, or to another person with a disabili- 17 ty. 18 For purposes of this section and section 195.12 of this article, the 19 term "disability" means "disability" as defined in subdivision twenty- 20 one of section two hundred ninety-two of the executive law. 21 Harming an animal trained to aid a person with a disability in the 22 second degree is a class [B] A misdemeanor. 23 S 14. Section 195.12 of the penal law, as added by chapter 344 of the 24 laws of 1989, is amended to read as follows: 25 S 195.12 Harming an animal trained to aid a person with a disability in 26 the first degree. 27 A person is guilty of harming an animal trained to aid a person with a 28 disability in the first degree when such person: 29 1. intentionally causes physical injury to such animal while it is in 30 the performance of aiding a person with a disability, and thereby 31 renders such animal permanently incapable of providing such aid to such 32 person, or to another person with a disability; or 33 2. intentionally kills such animal while it is in the performance of 34 aiding a person with a disability. 35 Harming an animal trained to aid a person with a disability in the 36 first degree is a class [A misdemeanor] D FELONY. 37 S 15. Section 265.01 of the penal law, as amended by chapter 1 of the 38 laws of 2013, is amended to read as follows: 39 S 265.01 Criminal possession of a weapon in the fourth degree. 40 A person is guilty of criminal possession of a weapon in the fourth 41 degree when: 42 (1) He or she possesses any firearm, electronic dart gun, electronic 43 stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal 44 knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles, 45 metal knuckles, chuka stick, sand bag, sandclub, wrist-brace type sling- 46 shot or slungshot, shirken or "Kung Fu star"; or 47 (2) He OR SHE possesses any dagger, dangerous knife, dirk, razor, 48 stiletto, imitation pistol, or any other dangerous or deadly instrument 49 or weapon with intent to use the same unlawfully against another PERSON 50 OR ANIMAL; or 51 [(3); or] 52 (4) He OR SHE possesses a rifle, shotgun, antique firearm, black 53 powder rifle, black powder shotgun, or any muzzle-loading firearm, and 54 has been convicted of a felony or serious offense; or 55 (5) He OR SHE possesses any dangerous or deadly weapon and is not a 56 citizen of the United States; or A. 775--B 15 1 (6) He OR SHE is a person who has been certified not suitable to 2 possess a rifle or shotgun, as defined in subdivision sixteen of section 3 265.00, and refuses to yield possession of such rifle or shotgun upon 4 the demand of a police officer. Whenever a person is certified not suit- 5 able to possess a rifle or shotgun, a member of the police department to 6 which such certification is made, or of the state police, shall forth- 7 with seize any rifle or shotgun possessed by such person. A rifle or 8 shotgun seized as herein provided shall not be destroyed, but shall be 9 delivered to the headquarters of such police department, or state 10 police, and there retained until the aforesaid certificate has been 11 rescinded by the director or physician in charge, or other disposition 12 of such rifle or shotgun has been ordered or authorized by a court of 13 competent jurisdiction. 14 (7) He OR SHE knowingly possesses a bullet containing an explosive 15 substance designed to detonate upon impact. 16 (8) He OR SHE possesses any armor piercing ammunition with intent to 17 use same unlawfully against another. 18 Criminal possession of a weapon in the fourth degree is a class A 19 misdemeanor. 20 S 16. Severability clause. If any clause, sentence, paragraph, subdi- 21 vision, section or part of this act shall be adjudged by any court of 22 competent jurisdiction to be invalid, such judgment shall not affect, 23 impair, or invalidate the remainder thereof, but shall be confined in 24 its operation to the clause, sentence, paragraph, subdivision, section 25 or part thereof directly involved in the controversy in which such judg- 26 ment shall have been rendered. It is hereby declared to be the intent of 27 the legislature that this act would have been enacted even if such 28 invalid provisions had not been included herein. 29 S 17. This act shall take effect on the one hundred eightieth day 30 after it shall have become a law.