Bill Text: NY S05423 | 2025-2026 | General Assembly | Introduced

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Bill Title: Relates to the judicial process relating to a dog that causes the death of a companion animal, farm animal or domestic animal while trespassing on property.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-02-21 - REFERRED TO AGRICULTURE [S05423 Detail]

Download: New_York-2025-S05423-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5423

                               2025-2026 Regular Sessions

                    IN SENATE

                                    February 21, 2025
                                       ___________

        Introduced  by  Sen. SKOUFIS -- 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  the
          judicial  process  relating  to a dog that caused death to a companion
          animal, farm animal or domestic animal while trespassing on property

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 3 of section 123 of the agriculture and markets
     2  law,  as  added  by  chapter 392 of the laws of 2004 and such section as
     3  renumbered by section 18 of part T of chapter 59 of the laws of 2010, is
     4  amended to read as follows:
     5    3. Upon a finding that a dog is dangerous, the judge  or  justice  may
     6  order  humane  euthanasia  or permanent confinement of the dog if one of
     7  the following aggravating circumstances is established at  the  judicial
     8  hearing held pursuant to subdivision two of this section:
     9    (a)  the dog, without justification, attacked a person causing serious
    10  physical injury or death; or
    11    (b) the dog has a known vicious propensity as evidenced by a  previous
    12  unjustified  attack on a person, which caused serious physical injury or
    13  death; or
    14    (c) the dog, without justification and while  trespassing  on  another
    15  person's  property,  caused  death to a companion animal, farm animal or
    16  domestic animal; or
    17    (d) the dog, without justification, caused serious physical injury  or
    18  death to a companion animal, farm animal or domestic animal, and has, in
    19  the  past  two  years,  caused unjustified physical injury or death to a
    20  companion or farm animal as  evidenced  by  a  "dangerous  dog"  finding
    21  pursuant to the provisions of this section.
    22  An  order of humane euthanasia shall not be carried out until expiration
    23  of the thirty day period  provided  for  in  subdivision  five  of  this
    24  section  for  filing a notice of appeal, unless the owner of the dog has

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09069-01-5
        S. 5423                             2

     1  indicated to the judge in writing, [his or her] such  owner's  intention
     2  to  waive  [his  or  her] such owner's right to appeal. Upon filing of a
     3  notice of appeal, the order shall be automatically  stayed  pending  the
     4  outcome of the appeal.
     5    §  2.  This  act shall take effect on the ninetieth day after it shall
     6  have become a law. Effective immediately the addition, amendment  and/or
     7  repeal  of  any  rule  or regulation necessary for the implementation of
     8  this act on its effective date are authorized to be made  and  completed
     9  on or before such date.