senate Bill S6730

Amended

Relates to promoting understanding, awareness and enforcement of animal crimes laws; repealer

download pdf

Sponsor

Co-Sponsors

view all co-sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 14 / Mar / 2012
    • REFERRED TO AGRICULTURE
  • 01 / May / 2012
    • REPORTED AND COMMITTED TO CODES
  • 30 / May / 2012
    • AMEND (T) AND RECOMMIT TO CODES
  • 30 / May / 2012
    • PRINT NUMBER 6730A

Summary

Relates to promoting understanding, awareness and enforcement of animal crime laws.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A9917
Versions:
S6730
S6730A
Legislative Cycle:
2011-2012
Current Committee:
Senate Codes
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §§350, 365, 369, 371 & 373, rpld §§351, 353, 353-a, 353-b, 353-d, 355, 360, 361 & 362, §374 sub 8, add §380, Ag & Mkts L; add Title Q Art 280 §§280.00 - 280.80 & §60.22, amd §§70.02, 195.06, 195.11, 195.12 & 265.01, Pen L

Votes

3
1
3
Aye
1
Nay
5
aye with reservations
0
absent
1
excused
0
abstained
show Agriculture committee vote details
nay (1)
excused (1)

Sponsor Memo

BILL NUMBER:S6730 REVISED 03/14/12

TITLE OF BILL:

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, 361,
362 and subdivision 8 of section 374 of the agriculture and markets law
relating thereto

PURPOSE:

This bill seeks to clarify, modernize, and restructure the animal
crimes laws of New York State. It does so by transplanting certain
sections of the Agriculture and Markets Law into the Penal Law,
re-defining terms, re-titling offenses, altering the classification
of certain animal crimes offenses, delineating specific sentencing
provisions, introducing various new offenses. This bill also serves
to create a hierarchy of offenses for plea bargaining and referencing
purposes. Additionally,
this bill serves to address and rectify the many constitutional
challenges facing the current Agriculture and Markets statutes.
Ultimately, the purpose of this bill is to promote sound enforcement
of animal crimes by members of law enforcement and judiciary.

SUMMARY OF SPECIFIC PROVISIONS:

Amends Article 26 of the Agriculture and Markets Law by removing the
more non-commercial enforcement provisions and making various
structural modifications to enhance the ability to cross-reference.
The intent is to transplant the majority of the non-commercial
provisions to a new Penal Law Title (Z-1.

The existing section 350 of the Agriculture and Markets Law is
modified by adding subdivision 6, which provides the definition of an
"animal cruelty offense" a term used to help define the scope of
various other proposed and existing statutes involving evidence
collection, animal disposition, and sentencing.

The existing sections 351, 353, 353-a, 355, 361, and 362 of the
Agriculture and Markets Law are removed entirely and variations of
these statutes appear in the proposed Penal Law Title Z-1, presented
in section
three of the bill. Sections 353-b and 353-d are removed and inserted
verbatim in the proposed Penal Law Title Z-1.

The existing subdivision 1 of section 359 of the Agriculture and
Markets Law is removed and a variation of this statute appears in the
proposed Penal Law Title Z-1. Section 359 is re-titled to comport
with this adjustment.

The existing sections 369 and 371 of the Agriculture and Markets Law
are given language which helps to incorporate them and otherwise make
them applicable to the provisions of the proposed Penal Law Title Z-1.

The existing section 374 of the Agriculture and Markets Law is
modified by detaching the special sentencing provisions contained,
but hidden, in subdivision 8. These special sentencing provisions are
moved to a new section, 380, which makes cross-referencing to these
provisions much easier. Additionally, the special sentencing
provisions are made to
apply to all "animal cruelty offenses" (as that term is now defined in
the proposed subdivision 6 of section 350), instead of continuing an
itemized listing of applicable statutes. The proposed section 380 of
the Agriculture and Markets Law then reorganizes the special
sentencing provisions into subdivisions for greater clarity.

Amends the Penal Law by adding a new Title Z-1, which is comprised of
animal cruelty offenses and largely based upon the former provisions
of Article 26 of the Agriculture and Markets Law. The Title consists
of a new Article 510, which is captioned "Offenses Against Animals."

Section 510.00 is introduced to the Penal Law and contains the bulk of
the definitions for the proposed Article 510. Subdivision 1 is a
verbatim reproduction of subdivision 1 of section 350 of the
Agriculture and Markets Law. Subdivision 2 is a verbatim reproduction
of subdivision 2 of section 350 of the Agriculture and Markets Law.
Subdivision 3 is a near-verbatim reproduction of language found in
subdivision 1 of section 353-a of the Agriculture and Markets Law,
the only difference being the omission of subsection markings.
Subdivision 4 is based upon subdivision 3 of section 350 of the
Agriculture and Markets Law, but makes
various grammatical changes and broadens the scope of adoption.
Subdivision 5 is near-verbatim reproduction of subdivision 4 of
section 350 of the Agriculture and Markets Law. Subdivision 6 is a
verbatim reproduction of subdivision 5 of section 350 of the
Agriculture and Markets Law. Subdivision 7 is a verbatim reproduction
of language which appears in subdivision 1 of section 351 of the
Agriculture and Markets Law. Subdivision 8 was composed to provide a
concrete definition of "abandons" as that term is used in
subparagraph (b) of subdivision 1 of the
proposed section 510.20 of the Penal Law. Subdivision 9 provides a
definition of "restrain" and was substantially based on subdivision 1
of section 135.00 of the Penal Law. Subdivision 10 provides a
definition of "abduct" and was substantially based on subdivision 2
of the section 135.00 of the Penal Law.

Section 510.05 is introduced as one of two statutes taken from section
351 of the Agriculture and Markets Law. The current section 351 of
the Agriculture and Markets Law covers multiple crimes, both
misdemeanors
and felonies. This bill splits the conglomerate into two separate
statutes, Section 510.05 and Section 510.10, for clarity and

comprehensibility. Subdivision 1 of section 510.05 is based on
subparagraph (e) of
subdivision 2 of section 351 of the Agriculture and Markets Law.
Subdivision 2 of section 510.05 is loosely based on subparagraph (b)
of subdivision 4 of section 351 of the Agriculture and Markets Law,
but modifies the mens rea component for clarity of what is required
for commission of the offense. Section 510.10 is introduced to
replace the felony components of section 351 of the Agriculture and
Markets Law. It is a verbatim reproduction of the statute, with only
structural changes. However, it is notable that, pursuant to section
160.10 of the Criminal Procedure Law, the transplant of the
misdemeanor portion to the Penal
Law causes this offense to now be a printable offense for law
enforcement. As it currently stands, a violation of subparagraph (b)
of subdivision 3 of section 351 (misdemeanor animal fighting) is NOT
a printable offense, which is a major oversight in legislative
drafting.

Section 510.20 is introduced to replace various components of sections
353, 355, 359, and 360 of the Agriculture and Markets Law. It is
delineated by subdivision into two major components. Subdivision 1
outlines
the standard of care to be provided by an owner, possessor, custodian,
or caregiver of an animal. Subdivision 2 outlines the standard of
care to be applied to animals in general, regardless of personal
connection. Subparagraph (a) of subdivision 1 of section 510.20
replaces the constitutionally-troublesome term "sustenance," as it
appeared in section 353 of the Agriculture and Markets Law, with the
un-codified case law definition on that term (i.e., "food, drink,
veterinary care, or shelter
adequate to maintain the animal's health and comfort"), provided in a
litany of cases that include, but is not limited to People v.
Richardson, 15 Misc.3d 4 138A (App. Term 9th & 10th Jud. Dist. 2007)
and People v. Mahoney, 9 Misc.3d 101 (App. Term 9th & 10th Jud. Dist.
2008). Apart from codification, the terms "food" and "drink" are
replaced by the more modern concepts of "nutrition" and "hydration."
Subparagraph (b) of subdivision 1 is a near verbatim reproduction of
section 355 of the Agriculture and Markets Law. Subparagraph (a) of
subdivision 2 is based on section 353 of the Agriculture and Markets
Law, but removes the word "cruelly" from the statutory language.
Subparagraph (b) of subdivision 2 is likewise based on section 353 of
the Agriculture and Markets Law, with minimal grammatical changes.
Subparagraph (c) of subdivision 2 is based on subdivision 1 of
section 359 of the Agriculture and Markets Law, but removes
unnecessarily limiting language regarding vessel or vehicular
transport. Subparagraph (d) of subdivision 2 is based on language
found in section 353 of the Agriculture and Markets Law. Subparagraph
(e) of subdivision 2 is based on section 360 of the Agriculture and
Markets Law, with minimal grammatical changes.

Section 510.25 is introduced to replace section 353-a of the
Agriculture and Markets Law. It differs from section 353-a of the

Agriculture and Markets Law in that it enhances the classification
and punishment on the proscribed conduct - a violation of section
510.25 is a class D felony, whereas a violation of section 353-a of
the Agriculture and Markets Law is an unclassified felony with a
limited sentencing range. The section is re-titled to match its
counterpart, section 510.20. The definition of the term "aggravated
cruelty," as it appears in section 510.25, appears in section 510.00.
Subdivision 1 is based upon language in subdivision 1 of section
353-a of the Agriculture and Markets Law. Subdivision 2 of section
510.25 proposes a sanction for acts of "aggravated cruelty."
Subdivision 3 is based upon provisions found in the existing section
360 of the Agriculture and Markets Law. Subdivision 4 is an
additional sanction for repeat offenders of section 510.20, modeled
after statutory language which appears elsewhere in the Penal Law.

Section 510.26 is introduced to provide an affirmative defense in the
situation of a violation of subparagraph (b) of subdivision 1 of
section 510.20. The language is partially modeled after section
260.03 of the Penal Law, which allows for a similar defense in
relation to abandonment of a child.

Section 510.30 is based loosely on the existing section 361 of the
Agriculture and Markets Law. The new statute is re-titled for clarity
and serves to enhance the penalty for interference with competitive
or exhibited animals.

Section 510.35 is introduced to subsume and rectify the constitutional
problems with the existing section 362 of the Agriculture and Markets
Law. The existing section 362 of the Agriculture and Markets Law, as
written, effectively makes littering a misdemeanor, has an incorrectly-
positioned mens rea, and is not often used. Section 510.35
incorporates certain language from subdivision 7 of section 240.20 of
the Penal Law to adjust for the mens rea of the statute. It also more
appropriately categorizes the offense as a violation, which is
intended to play a crucial role in any plea bargaining of animal
offenses and serve as a lesser included offense of the various
provisions of Article 510. Subdivision 1 acts as a "catch-all"
provision that bridges the gap between non-culpability and conduct
which violates section 510.20. Subdivision 2 incorporates language
from section 362 of the Agriculture and Markets Law, but clarifies
the mens rea, obviating constitutional concerns. As a violation-level
offense, a perpetrator could be subjected to fifteen days
incarceration, in addition to other sentencing possibilities, the
most notable of which are the special sentencing provisions in the
proposed section 380 of the Agriculture and Markets Law.

Sections 510.40, 510.45, and 510.50 are introduced to allow
prosecution in the event of unlawful taking of an animal. Currently,
the only other statutes designed to cover this type of conduct are
the larceny provisions contained in Article 155 of the Penal Law. As
society is moving away from treating pets as chattel or property,
statutes need to adjust for the humanistic approach to prosecution.

These sections must be read in conjunction with the definitions of
"restrains" and "abducts," which are listed in the proposed section
510.00. Section 510.40 is based upon language found in section 135.05
of the Penal Law. Section 510.45 is based upon language found in
section 135.05 of the Penal Law. Section 510.45 is based upon
language found in section 135.20 of the Penal Law. Section 510.45 is
based upon language found in section 135.20 of the Penal Law. Section
510.50 is based upon language found in 135.25 of the Penal Law. The
classification of these crimes, as
proposed, would greatly enhance the penalty for such conduct. For
example, currently, an individual who steals another person's adopted
non-purebred dog, drives it to a far away location, and leaves it
there to die, could only be charged with petit larceny, in violation
of section 155.25 of the Penal Law, and Abandonment of Animals, in
violation of section 355 of the Agriculture and Markets Law. Both of
those crimes are class A misdemeanors. The proposed section 510.50
would potentially make the same conduct punishable as a class D felony.

Section 510.55 contains a presumption applicable to prosecutions of
sections 510.40, 510.45, and 510.50. Sections 510.60 and 510.65 are
verbatim reproductions of the current sections 353-b and 353-d of the
Agriculture and Markets Law, respectively.

Section 510.70 is a verbatim reproduction of the current section 367
of the Agriculture and Markets Law. Section 510.75 is a
cross-referencing tool to the evidentiary, disposition, and care
provisions which appear in various sections of the Agriculture and
Markets Law.

Section 510.80 is an important cross-referencing tool to ensure that
the courts are empowered to sentence in accordance with the special
needs of an animal cruelty prosecution. The bill modifies paragraph
(c) of subdivision 1 of section 70.02 of the Penal Law to incorporate
the proposed "animal cruelty in the first degree," in violation of
proposed section 510.25, into the list of violent felony offenses. The
bill modifies section 195.06 of the Penal Law to
enhance the offense classification and penalty for killing or injuring a
police animal. A violation of this section would now be a class D
felony, which comports this statute to the level of offense of Animal
Cruelty in the First Degree, under the proposed section 510.25 of the
Penal Law. Modifies section 195.11 of the Penal Law to enhance the
offense classification and penalty for harming an animal
trained to aid a person with a disability in the second degree. A
violation of this section would now be a class A misdemeanor, which
comports this statute to the level of offense of Animal Cruelty in
the Second Degree, under the proposed section 510.20 of the Penal Law
(or the existing offense of overdriving, torturing and injuring
animals; failure to provide proper sustenance, under section 353 of
the Agriculture and Markets Law) . The bill modifies section 195.12
of the Penal Law to enhance the offense classification and penalty
for harming and animals trained to aid a person with a disability in

the first degree. A violation of this section would now be a class E
felony.

JUSTIFICATION:

Article 26 of the Agriculture and Markets Law, as currently written,
is fraught with loopholes and constitutionality issues. Furthermore,
it is antiquated and, in many places, incomprehensible. For these
reasons, members of law enforcement, including police officers, peace
officers, prosecutors, defense attorneys and judges are not able to
maximize the promise and potential that Article 26 is supposed to
bring to animal cruelty offenses. A noticeable trend has formed,
whereby members of law enforcement focus specifically on section 353
of the Agriculture and Markets Law. The great paradox lies in the
notion that section 353 is both the hallmark enforcement mechanism
and a colossal constitutional problem.

Courts throughout the state have repeatedly tackled the issue of
whether the wording in section 353 is unconstitutionally vague in
violation of the State and Federal Constitution. While the case law
is split, the trend is to read modern standards into the generic
wording of the section. The Court of Appeals has not addressed this
issue, therefore, no standard has been set statewide.

Yet, law enforcement continually focuses on section 353, with all its
endless verbs and complexities, primarily because of the built--up
tradition, but also because the other sections of Article 26 are
awkwardly worded and completely archaic. Some of these "lost"
sections have great value, but are buried so deep within discrete
parts of the article that many members of law enforcement are unaware
of their existence. In an effort to streamline enforcement, this bill
leaves commercial issues to the Agriculture and Markets Law, while
highlighting the criminal offenses as a new and separate article of
the Penal Law.

Current law is also lacking strength and congruence in the
punishments for offenses against animals. As such, this new bill
classifies the various levels of criminality, including new specific
D felonies and E felonies. In an effort to harmonize the punishments
which exist across the various statutes, Article 195 of the Penal Law
is modified to enhance the penalties for offenses against service
animals.

In keeping with the widely-known concept that individuals who commit
acts of cruelty against animals progress to commit violent crimes
against people, certain acts under this bill are made to constitute
"violent felony offenses" as that term is defined in section 70.02 of
the Penal Law.

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:

This act will take effect immediately; provided, however sections nine
through fourteen shall take effect on the first of November
succeeding the date on which it shall have become law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6730

                            I N  S E N A T E

                             March 14, 2012
                               ___________

Introduced by Sen. FUSCHILLO -- 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 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, 361, 362 and subdivision 8 of section 374 of the  agricul-
  ture and markets law relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Section 350 of the agriculture and markets law is  amended
by adding a new subdivision 6 to read as follows:
  6.  "ANIMAL CRUELTY OFFENSE" MEANS ANY VIOLATION OF THIS ARTICLE OR OF
ARTICLE TWO HUNDRED EIGHTY OF THE PENAL LAW, OR ANY OTHER  UNLAWFUL  ACT
BY  WHICH  HARM  IS  INTENTIONALLY, KNOWINGLY, RECKLESSLY OR NEGLIGENTLY
CAUSED OR PERMITTED TO OCCUR TO AN ANIMAL.
  S 2. Sections 351, 353, 353-a, 353-b, 353-d, 355, 361 and 362  of  the
agriculture and markets law are REPEALED.
  S 3. Section 359 of the agriculture and markets law, as added by chap-
ter 1047 of the laws of 1965, subdivision 1 as amended by chapter 458 of
the  laws of 1985 and subdivision 2 as amended by chapter 84 of the laws
of 2001, is amended to read as follows:
  S 359. [Carrying animal in a cruel manner] UNLAWFUL TRANSPORTATION  OF
ANIMALS.    [1.  A person who carries or causes to be carried in or upon
any vessel or vehicle or otherwise, any animal in  a  cruel  or  inhuman
manner, or so as to produce torture, is guilty of a misdemeanor, punish-
able  by  imprisonment  for  not more than one year, or by a fine of not
more than one thousand dollars, or by both.
  2.] A railway corporation, or an owner, agent, consignee, or person in
charge of any horses, sheep, cattle, or swine, in the course of, or  for
transportation,  who  confines,  or  causes  or  suffers  the same to be
confined, in cars for a  longer  period  than  twenty-eight  consecutive
hours,  or  thirty-six  consecutive  hours where consent is given in the
manner hereinafter provided, without unloading for rest, water and feed-
ing, during five consecutive hours, unless prevented by storm or  inevi-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14859-03-2

S. 6730                             2

table  accident,  is  guilty  of  a  misdemeanor. The consent which will
extend the period from twenty-eight to thirty-six hours shall  be  given
by  the  owner,  or  by person in custody of a particular shipment, by a
writing  separate  and  apart  from  any printed bill of lading or other
railroad form. In estimating such confinement, the time during which the
animals have been confined without rest, on connecting roads from  which
they are received, must be computed.
  S  4.    Section 365 of the agriculture and markets law, as amended by
chapter 458 of the laws of 1985, is amended to read as follows:
  S 365. Clipping or cutting the ears of dogs. 1. Whoever clips or  cuts
off  or  causes  or procures another to clip or cut off the whole or any
part of an ear of any dog unless an anaesthetic shall have been given to
the dog and the operation performed by a licensed veterinarian, is guil-
ty of a misdemeanor, punishable by imprisonment for not  more  than  one
year, or a fine of not more than one thousand dollars, or by both.
  2.  [The  provisions  of  this  section  shall not apply to any dog or
person who is the owner or possessor of any dog  whose  ear  or  a  part
thereof  has  been clipped or cut off prior to September first, nineteen
hundred twenty-nine.
  3.] Each applicant for a dog license must state  on  such  application
whether  any  ear  of  the dog for which he applies for such license has
been cut off wholly or in part.
  [4.] 3. Nothing herein contained shall be construed as preventing  any
dog  whose  ear  or ears shall have been clipped or cut off wholly or in
part, not in violation of this section, from  being  imported  into  the
state exclusively for breeding purposes.
  S  5.  Section  369  of the agriculture and markets law, as amended by
chapter 458 of the laws of 1985, is amended to read as follows:
  S 369. Interference with officers. Any person who shall interfere with
or obstruct any constable or police officer or any officer or  agent  of
any  duly  incorporated society for the prevention of cruelty to animals
in the discharge of his duty to enforce the laws  relating  to  animals,
INCLUDING  THOSE  PROVISIONS  CONTAINED IN ARTICLE TWO HUNDRED EIGHTY OF
THE PENAL LAW, shall be guilty of a misdemeanor, punishable by imprison-
ment for not more than one year, or by a fine of not more than one thou-
sand dollars, or by both.
  S 6. Section 371 of the agriculture and markets  law,  as  amended  by
chapter 573 of the laws of 1978, is amended to read as follows:
  S 371. Powers  of  peace officers. A constable or police officer must,
and any agent or officer  of  any  duly  incorporated  society  for  the
prevention of cruelty to animals may issue an appearance ticket pursuant
to  section  150.20 of the criminal procedure law, summon or arrest, and
bring before a court  or  magistrate  having  jurisdiction,  any  person
offending  against  any  of  the provisions of article twenty-six of the
agriculture and markets law OR ANY PROVISIONS  OF  ARTICLE  TWO  HUNDRED
EIGHTY  OF  THE PENAL LAW. Any officer or agent of any of said societies
may lawfully interfere to prevent the perpetration of any act of cruelty
upon any animal in his presence. Any of  said  societies  may  prefer  a
complaint  before any court, tribunal or magistrate having jurisdiction,
for the violation of any law relating to or affecting  animals  and  may
aid  in  presenting  the  law  and  facts before such court, tribunal or
magistrate in any proceeding taken.
  S 7. Subdivision 8 of section 374 of the agriculture and  markets  law
is REPEALED.
  S  8.    The  agriculture  and  markets law is amended by adding a new
section 380 to read as follows:

S. 6730                             3

  S 380. SPECIAL SENTENCING PROVISIONS.  IN ADDITION TO ANY OTHER PENAL-
TY PROVIDED BY LAW, A COURT MAY IMPOSE THE FOLLOWING  SENTENCES  UPON  A
CONVICTION FOR ANY ANIMAL CRUELTY OFFENSE:
  1.  THE  CONVICTED  PERSON  MAY, AFTER A DULY HELD HEARING PURSUANT TO
SUBDIVISION SIX OF THIS SECTION, BE ORDERED BY THE COURT TO FORFEIT,  TO
A  DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR
A DULY INCORPORATED HUMANE SOCIETY OR  AUTHORIZED  AGENTS  THEREOF,  THE
ANIMAL  OR  ANIMALS  WHICH ARE THE BASIS OF THE CONVICTION. UPON SUCH AN
ORDER OF FORFEITURE, THE CONVICTED PERSON SHALL BE DEEMED TO HAVE RELIN-
QUISHED ALL RIGHTS TO THE ANIMALS WHICH ARE THE BASIS OF THE CONVICTION,
EXCEPT THOSE GRANTED IN SUBDIVISION TWO OF THIS SECTION.
  2. IN THE CASE OF FARM ANIMALS, THE COURT  MAY,  IN  ADDITION  TO  THE
FORFEITURE  TO A DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY
TO ANIMALS OR A DULY INCORPORATED HUMANE SOCIETY  OR  AUTHORIZED  AGENTS
THEREOF,  AND  SUBJECT  TO  THE  RESTRICTIONS  OF SECTIONS THREE HUNDRED
FIFTY-FOUR AND THREE HUNDRED FIFTY-SEVEN OF THIS ARTICLE, ORDER THE FARM
ANIMALS WHICH WERE THE BASIS OF THE CONVICTION TO BE SOLD.  IN  NO  CASE
SHALL  FARM ANIMALS WHICH ARE THE BASIS OF THE CONVICTION BE REDEEMED BY
THE CONVICTED PERSON WHO IS THE SUBJECT OF THE ORDER OF FORFEITURE OR BY
ANY PERSON DWELLING IN THE SAME HOUSEHOLD WHO CONSPIRED, AIDED OR  ABET-
TED  IN  THE  UNLAWFUL ACT WHICH WAS THE BASIS OF THE CONVICTION, OR WHO
KNEW OR SHOULD HAVE KNOWN OF THE UNLAWFUL ACT. THE COURT SHALL REIMBURSE
THE CONVICTED PERSON AND ANY DULY DETERMINED INTERESTED PERSONS,  PURSU-
ANT  TO SUBDIVISION SIX OF THIS SECTION, ANY MONEY EARNED BY THE SALE OF
THE FARM ANIMALS LESS ANY COSTS INCLUDING, BUT NOT LIMITED  TO,  VETERI-
NARY  AND  CUSTODIAL  CARE,  AND  ANY  FINES OR PENALTIES IMPOSED BY THE
COURT. THE COURT MAY ORDER THAT THE SUBJECT  ANIMALS  BE  PROVIDED  WITH
APPROPRIATE  CARE  AND TREATMENT PENDING THE HEARING AND THE DISPOSITION
OF THE CHARGES. ANY FARM ANIMAL ORDERED FORFEITED BUT NOT SOLD SHALL  BE
REMANDED  TO  THE  CUSTODY AND CHARGE OF A DULY INCORPORATED SOCIETY FOR
THE PREVENTION OF CRUELTY TO ANIMALS OR DULY INCORPORATED HUMANE SOCIETY
OR ITS AUTHORIZED AGENT THEREOF AND DISPOSED OF PURSUANT TO  SUBDIVISION
FIVE OF THIS SECTION.
  3.  THE COURT MAY ORDER THAT THE CONVICTED PERSON OR ANY PERSON DWELL-
ING IN THE SAME HOUSEHOLD WHO CONSPIRED, AIDED OR ABETTED IN THE  UNLAW-
FUL  ACT  WHICH  WAS  THE BASIS OF THE CONVICTION, OR WHO KNEW OR SHOULD
HAVE KNOWN OF THE UNLAWFUL ACT, SHALL NOT OWN, HARBOR, OR  HAVE  CUSTODY
OR  CONTROL  OF ANY OTHER ANIMALS, OTHER THAN FARM ANIMALS, FOR A PERIOD
OF TIME WHICH THE COURT DEEMS REASONABLE. IN MAKING ITS DETERMINATION OF
WHAT PERIOD OF TIME IS REASONABLE, THE COURT SHALL TAKE INTO ACCOUNT THE
TOTALITY OF THE CIRCUMSTANCES BEFORE  IT  AND  BE  BOUND  TO  NO  SINGLE
FACTOR.  SUCH ORDER MUST BE IN WRITING AND SPECIFICALLY STATE THE PERIOD
OF TIME IMPOSED.
  4.  NO DOG OR CAT IN THE CUSTODY OF A DULY  INCORPORATED  SOCIETY  FOR
THE PREVENTION OF CRUELTY TO ANIMALS, A DULY INCORPORATED HUMANE SOCIETY
OR  ITS AUTHORIZED AGENTS THEREOF, OR A POUND OR SHELTER, SHALL BE SOLD,
TRANSFERRED OR OTHERWISE MADE AVAILABLE TO ANY PERSON FOR THE PURPOSE OF
RESEARCH, EXPERIMENTATION OR TESTING. NO  AUTHORIZED  AGENT  OF  A  DULY
INCORPORATED  SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, NOR OF A
DULY INCORPORATED HUMANE SOCIETY, SHALL USE ANY  ANIMAL  PLACED  IN  ITS
CUSTODY  BY  THE DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY
TO ANIMALS OR DULY  INCORPORATED  HUMANE  SOCIETY  FOR  THE  PURPOSE  OF
RESEARCH, EXPERIMENTATION OR TESTING.
  5.  A  DULY  INCORPORATED  SOCIETY  FOR  THE  PREVENTION OF CRUELTY TO
ANIMALS OR A DULY INCORPORATED  HUMANE  SOCIETY  IN  CHARGE  OF  ANIMALS
FORFEITED PURSUANT TO SUBDIVISION ONE OR TWO OF THIS SECTION MAY, IN ITS

S. 6730                             4

DISCRETION,  LAWFULLY  AND  WITHOUT LIABILITY, ADOPT THEM TO INDIVIDUALS
OTHER THAN THE CONVICTED PERSON OR PERSON DWELLING IN THE SAME HOUSEHOLD
WHO CONSPIRED, AIDED OR ABETTED IN THE UNLAWFUL ACT WHICH WAS THE  BASIS
OF THE CONVICTION, OR WHO KNEW OR SHOULD HAVE KNOWN OF THE UNLAWFUL ACT,
OR HUMANELY DISPOSE OF THEM.
  6.  (A)  PRIOR  TO  AN  ORDER OF FORFEITURE OF FARM ANIMALS, A HEARING
SHALL BE HELD WITHIN THIRTY DAYS OF CONVICTION TO DETERMINE THE  PECUNI-
ARY  INTERESTS  OF  ANY  OTHER PERSON IN THE FARM ANIMALS WHICH WERE THE
BASIS OF THE CONVICTION. WRITTEN NOTICE SHALL BE SERVED  AT  LEAST  FIVE
DAYS  PRIOR  TO  THE  HEARING  UPON ALL INTERESTED PERSONS. IN ADDITION,
NOTICE SHALL BE MADE BY PUBLICATION IN A LOCAL NEWSPAPER AT LEAST  SEVEN
DAYS  PRIOR TO THE HEARING. FOR THE PURPOSES OF THIS SUBDIVISION, INTER-
ESTED PERSONS SHALL MEAN ANY INDIVIDUAL, PARTNERSHIP, FIRM, JOINT  STOCK
COMPANY,  CORPORATION, ASSOCIATION, TRUST, ESTATE, OR OTHER LEGAL ENTITY
WHO THE COURT DETERMINES MAY HAVE  A  PECUNIARY  INTEREST  IN  THE  FARM
ANIMALS WHICH ARE THE SUBJECT OF THE FORFEITURE ACTION.
  (B)  ALL  INTERESTED  PERSONS  SHALL BE PROVIDED AN OPPORTUNITY AT THE
HEARING TO REDEEM THEIR INTEREST AS  DETERMINED  BY  THE  COURT  IN  THE
SUBJECT  FARM  ANIMALS  AND  TO  PURCHASE  THE INTEREST OF THE CONVICTED
PERSON. THE CONVICTED PERSON SHALL BE ENTITLED TO BE REIMBURSED  HIS  OR
HER  INTEREST  IN  THE  FARM ANIMALS, LESS ANY COSTS, FINES OR PENALTIES
IMPOSED BY THE  COURT,  AS  SPECIFIED  UNDER  SUBDIVISION  TWO  OF  THIS
SECTION.  IN  NO  CASE  SHALL  THE COURT AWARD CUSTODY OR CONTROL OF THE
ANIMALS TO ANY INTERESTED PERSON WHO CONSPIRED, AIDED OR ABETTED IN  THE
UNLAWFUL  ACT  WHICH  WAS  THE  BASIS  OF THE CONVICTION, OR WHO KNEW OR
SHOULD HAVE KNOWN OF THE UNLAWFUL ACT.
  7. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT OR RESTRICT  IN
ANY  WAY THE RIGHTS OF A SECURED PARTY HAVING A SECURITY INTEREST IN ANY
FARM ANIMAL DESCRIBED IN THIS SECTION. THIS SECTION EXPRESSLY  DOES  NOT
IMPAIR OR SUBORDINATE THE RIGHTS OF SUCH A SECURED LENDER HAVING A SECU-
RITY  INTEREST  IN FARM ANIMALS OR IN THE PROCEEDS FROM THE SALE OF SUCH
FARM ANIMALS.
  S 9. The penal law is amended by adding a  new  title  Q  to  read  as
follows:
                                 TITLE Q
                        OFFENSES AGAINST ANIMALS
                               ARTICLE 280
                        OFFENSES AGAINST ANIMALS
SECTION 280.00 DEFINITIONS.
        280.05 PROMOTING ANIMAL FIGHTING IN THE SECOND DEGREE.
        280.10 PROMOTING ANIMAL FIGHTING IN THE FIRST DEGREE.
        280.20 ANIMAL CRUELTY IN THE SECOND DEGREE.
        280.25 ANIMAL CRUELTY IN THE FIRST DEGREE.
        280.26 ABANDONMENT OF AN ANIMAL; DEFENSE.
        280.30 UNLAWFUL  DEALING  WITH DOMESTIC ANIMALS USED FOR RACING,
                 BREEDING, OR COMPETITIVE EXHIBITION OF SKILL, BREED  OR
                 STAMINA.
        280.35 ENDANGERING THE WELFARE OF ANIMALS.
        280.40 ANIMAL ABDUCTION IN THE THIRD DEGREE.
        280.45 ANIMAL ABDUCTION IN THE SECOND DEGREE.
        280.50 ANIMAL ABDUCTION IN THE FIRST DEGREE.
        280.55 UNAUTHORIZED POSSESSION OF ANIMAL PRESUMPTIVE EVIDENCE OF
                 RESTRAINT AND ABDUCTION.
        280.60 APPROPRIATE SHELTER FOR DOGS LEFT OUTDOORS.
        280.65 CONFINEMENT  OF  COMPANION  ANIMALS  IN VEHICLES; EXTREME
                 TEMPERATURES.

S. 6730                             5

        280.70 LEAVING NEW YORK STATE TO AVOID PROVISIONS OF THIS  ARTI-
                 CLE.
        280.75 EVIDENTIARY  AND IMPOUNDMENT PROCEDURES BY MEMBERS OF LAW
                 ENFORCEMENT.
        280.80 SPECIAL SENTENCING PROVISIONS APPLICABLE.
S 280.00 DEFINITIONS.
  THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS ARTICLE:
  1. "ANIMAL" INCLUDES EVERY LIVING CREATURE EXCEPT A HUMAN BEING.
  2. "TORTURE" OR "CRUELTY" INCLUDES EVERY ACT,  OMISSION,  OR  NEGLECT,
WHEREBY  UNJUSTIFIABLE  PHYSICAL  PAIN,  SUFFERING OR DEATH IS CAUSED OR
PERMITTED.
  3. "AGGRAVATED CRUELTY" SHALL MEAN CONDUCT THAT IS INTENDED  TO  CAUSE
EXTREME PHYSICAL PAIN, CONDUCT THAT IS DONE OR CARRIED OUT IN A DEPRAVED
OR  SADISTIC MANNER, OR CONDUCT WHICH CAUSES A SIGNIFICANT RISK OF DEATH
OR SERIOUS BODILY HARM.
  4. "ADOPTION" MEANS THE DELIVERY OF ANY ANIMAL, SEIZED OR SURRENDERED,
TO ANY NATURAL PERSON EIGHTEEN YEARS OF AGE OR OLDER,  FOR  THE  LIMITED
PURPOSE OF HARBORING SUCH ANIMAL AS A PET.
  5.  "FARM  ANIMAL"  MEANS  ANY  UNGULATE,  POULTRY, SPECIES OF CATTLE,
SHEEP, SWINE, GOATS, LLAMAS, HORSES OR FUR-BEARING ANIMALS,  AS  DEFINED
IN  SECTION  11-1907  OF  THE  ENVIRONMENTAL CONSERVATION LAW, WHICH ARE
RAISED FOR COMMERCIAL  OR  SUBSISTENCE  PURPOSES.  "FUR-BEARING  ANIMAL"
SHALL NOT INCLUDE DOGS OR CATS.
  6.  "COMPANION  ANIMAL"  OR "PET" MEANS ANY DOG OR CAT, AND SHALL ALSO
MEAN ANY OTHER DOMESTICATED ANIMAL NORMALLY MAINTAINED IN  OR  NEAR  THE
HOUSEHOLD  OF  THE OWNER OR PERSON WHO CARES FOR SUCH OTHER DOMESTICATED
ANIMAL. "PET" OR "COMPANION ANIMAL" SHALL NOT INCLUDE A "FARM ANIMAL" AS
DEFINED IN THIS SECTION.
  7. "ANIMAL FIGHTING" SHALL MEAN  ANY  FIGHT  BETWEEN  COCKS  OR  OTHER
BIRDS,  OR  BETWEEN  DOGS, BULLS, BEARS OR ANY OTHER ANIMALS, OR BETWEEN
ANY SUCH ANIMAL AND A PERSON OR PERSONS, EXCEPT IN EXHIBITIONS OF A KIND
COMMONLY FEATURED AT RODEOS.
  8. "ABANDONS" MEANS ANY ACTION TAKEN THAT REFLECTS  WILLFUL  DEPARTURE
FROM  THE  OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR CUSTODY OF AN
ANIMAL, WITHOUT MAKING ADEQUATE PROVISIONS FOR THE ANIMAL'S FUTURE CARE.
  9. "RESTRAIN" MEANS TO RESTRICT AN  ANIMAL'S  MOVEMENTS  INTENTIONALLY
AND  UNLAWFULLY  IN  SUCH  MANNER AS TO INTERFERE SUBSTANTIALLY WITH ITS
LIBERTY BY MOVING IT FROM ONE PLACE  TO  ANOTHER,  OR  BY  CONFINING  IT
EITHER  IN  THE  PLACE  WHERE THE RESTRICTION COMMENCES OR IN A PLACE TO
WHICH IT HAS BEEN MOVED, WITH KNOWLEDGE THAT THE RESTRICTION  IS  UNLAW-
FUL.
  10.  "ABDUCT"  MEANS  TO RESTRAIN AN ANIMAL WITH INTENT TO PREVENT ITS
LIBERATION BY SECRETING OR HOLDING IT IN A PLACE WHERE IT IS NOT  LIKELY
TO BE FOUND.
S 280.05 PROMOTING ANIMAL FIGHTING IN THE SECOND DEGREE.
  A  PERSON  IS GUILTY OF PROMOTING ANIMAL FIGHTING IN THE SECOND DEGREE
WHEN SUCH PERSON:
 1. OWNS, POSSESSES, OR KEEPS ANY ANIMAL UNDER ANY CIRCUMSTANCE EVINCING
AN INTENT THAT SUCH ANIMAL ENGAGE IN ANIMAL FIGHTING; OR
  2. PAYS AN ADMISSION FEE, MAKES A WAGER, OR IS  OTHERWISE  PRESENT  AT
ANY PLACE WHERE AN EXHIBITION OF ANIMAL FIGHTING IS BEING CONDUCTED, AND
SUCH PERSON HAS KNOWLEDGE THAT SUCH AN EXHIBITION IS BEING CONDUCTED.
  PROMOTING  ANIMAL  FIGHTING  IN  THE  SECOND  DEGREE IS A MISDEMEANOR,
PUNISHABLE BY IMPRISONMENT FOR A PERIOD NOT TO EXCEED ONE YEAR, OR BY  A
FINE, OR BY BOTH SUCH FINE AND IMPRISONMENT. IN THE EVENT OF A VIOLATION
OF  SUBDIVISION  ONE  OF THIS SECTION, THE FINE SHALL NOT EXCEED FIFTEEN

S. 6730                             6

THOUSAND DOLLARS. IN THE EVENT OF A VIOLATION OF SUBDIVISION TWO OF THIS
SECTION, THE FINE SHALL NOT EXCEED ONE THOUSAND DOLLARS.
S 280.10 PROMOTING ANIMAL FIGHTING IN THE FIRST DEGREE.
  A  PERSON  IS  GUILTY OR PROMOTING ANIMAL FIGHTING IN THE FIRST DEGREE
WHEN SUCH PERSON:
  1. INTENTIONALLY CAUSES AN ANIMAL TO ENGAGE IN ANIMAL FIGHTING; OR
  2. TRAINS AN ANIMAL UNDER CIRCUMSTANCES EVINCING AN INTENT  THAT  SUCH
ANIMAL ENGAGE IN ANIMAL FIGHTING; OR
  3.  BREEDS,  SELLS  OR  OFFERS  FOR SALE AN ANIMAL UNDER CIRCUMSTANCES
EVINCING AN INTENT THAT SUCH ANIMAL ENGAGE IN ANIMAL FIGHTING; OR
  4. PERMITS ANY ACT DESCRIBED IN SUBDIVISION ONE, TWO OR THREE OF  THIS
SECTION TO OCCUR ON PREMISES UNDER HIS OR HER CONTROL; OR
  5.  OWNS,  POSSESSES  OR  KEEPS ANY ANIMAL TRAINED TO ENGAGE IN ANIMAL
FIGHTING ON PREMISES WHERE AN EXHIBITION OF  ANIMAL  FIGHTING  IS  BEING
CONDUCTED UNDER CIRCUMSTANCES EVINCING AN INTENT THAT SUCH ANIMAL ENGAGE
IN ANIMAL FIGHTING.
  PROMOTING  ANIMAL FIGHTING IN THE FIRST DEGREE IS A FELONY, PUNISHABLE
BY IMPRISONMENT FOR A PERIOD NOT TO EXCEED FOUR YEARS, OR BY A FINE  NOT
TO  EXCEED TWENTY-FIVE THOUSAND DOLLARS, OR BY BOTH SUCH FINE AND IMPRI-
SONMENT.
S 280.20 ANIMAL CRUELTY IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF ANIMAL CRUELTY IN THE SECOND DEGREE WHEN:
  1. HAVING OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR  CUSTODY  OF
AN ANIMAL, SUCH PERSON KNOWINGLY:
  (A)  DEPRIVES  SUCH ANIMAL OF FOOD, DRINK, VETERINARY CARE, OR SHELTER
ADEQUATE TO  MAINTAIN  THE  ANIMAL'S  HEALTH  AND  COMFORT;  OR  CAUSES,
PROCURES,  OR PERMITS SUCH ANIMAL TO BE DEPRIVED OF FOOD, DRINK, VETERI-
NARY CARE, OR SHELTER ADEQUATE  TO  MAINTAIN  THE  ANIMAL'S  HEALTH  AND
COMFORT; OR
  (B) ABANDONS SUCH ANIMAL, OR LEAVES AN ANIMAL TO DIE IN A STREET, ROAD
OR PUBLIC PLACE, OR WHO ALLOWS AN ANIMAL, IF IT BECOMES DISABLED, TO LIE
IN A PUBLIC STREET, ROAD OR PUBLIC PLACE; OR
  2.  REGARDLESS  OF  OWNERSHIP,  POSSESSION,  CARE,  CONTROL, CHARGE OR
CUSTODY, SUCH PERSON KNOWINGLY:
  (A) OVERDRIVES, OVERLOADS, TORTURES, OR BEATS ANY ANIMAL,  OR  CAUSES,
PROCURES,  OR PERMITS ANY ANIMAL TO BE OVERDRIVEN, OVERLOADED, TORTURED,
OR BEATEN; OR
  (B) UNJUSTIFIABLY INJURES, MAIMS, MUTILATES, OR KILLS ANY  ANIMAL,  OR
CAUSES,  PROCURES,  OR  PERMITS  ANY ANIMAL TO BE UNJUSTIFIABLY INJURED,
MAIMED, MUTILATED, OR KILLED; OR
  (C) CARRIES OR CAUSES TO BE CARRIED ANY ANIMAL IN A CRUEL AND INHUMANE
MANNER, OR SO AS TO PRODUCE TORTURE; OR
  (D) ENGAGES IN, OR IN ANY WAY FURTHERS  ANY  ACT  OF  CRUELTY  TO  ANY
ANIMAL, OR ANY ACT TENDING TO PRODUCE SUCH CRUELTY; OR
  (E)  UNJUSTIFIABLY  ADMINISTERS  ANY  POISONOUS  OR  NOXIOUS  DRUG  OR
SUBSTANCE TO AN ANIMAL, OTHER THAN A HORSE, MULE OR DOMESTIC CATTLE,  OR
UNJUSTIFIABLY  EXPOSES  ANY SUCH DRUG OR SUBSTANCE WITH INTENT THAT SUCH
SHALL BE TAKEN BY AN ANIMAL OTHER THAN HORSE, MULE, OR DOMESTIC CATTLE.
  NOTHING HEREIN CONTAINED SHALL BE CONSTRUED TO PROHIBIT  OR  INTERFERE
WITH  ANY  PROPERLY CONDUCTED SCIENTIFIC TESTS, EXPERIMENTS, OR INVESTI-
GATIONS INVOLVING THE USE OF LIVING ANIMALS, PERFORMED OR  CONDUCTED  IN
LABORATORIES  OR  INSTITUTIONS, WHICH ARE APPROVED FOR THESE PURPOSES BY
THE COMMISSIONER OF HEALTH. THE COMMISSIONER OF HEALTH  SHALL  PRESCRIBE
THE RULES UNDER WHICH SUCH APPROVALS SHALL BE GRANTED, INCLUDING THEREIN
STANDARDS  REGARDING  THE  CARE  AND TREATMENT OF ANY SUCH ANIMALS. SUCH
RULES SHALL BE PUBLISHED AND COPIES THEREOF CONSPICUOUSLY POSTED IN EACH

S. 6730                             7

SUCH LABORATORY OR INSTITUTION. THE COMMISSIONER OF HEALTH OR HIS OR HER
DULY AUTHORIZED REPRESENTATIVE SHALL HAVE  THE  POWER  TO  INSPECT  SUCH
LABORATORIES  OR  INSTITUTIONS  TO INSURE COMPLIANCE WITH SUCH RULES AND
STANDARDS.  EACH SUCH APPROVAL MAY BE REVOKED AT ANY TIME FOR FAILURE TO
COMPLY WITH SUCH RULES AND IN ANY CASE THE APPROVAL SHALL BE LIMITED  TO
A PERIOD NOT EXCEEDING ONE YEAR.
  ANIMAL CRUELTY IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR.
S 280.25 ANIMAL CRUELTY IN THE FIRST DEGREE.
  A  PERSON IS GUILTY OF ANIMAL CRUELTY IN THE FIRST DEGREE WHEN, HAVING
NO JUSTIFIABLE PURPOSE, SUCH PERSON:
  1. INTENTIONALLY KILLS OR INTENTIONALLY CAUSES SERIOUS PHYSICAL INJURY
TO A COMPANION ANIMAL; OR
  2. KNOWINGLY INSTIGATES, ENGAGES IN, OR IN ANY WAY FURTHERS AN ACT  OF
AGGRAVATED CRUELTY TO ANY ANIMAL; OR
  3.  ADMINISTERS ANY POISONOUS OR NOXIOUS DRUG OR SUBSTANCE TO A HORSE,
MULE, OR DOMESTIC CATTLE OR EXPOSES ANY SUCH DRUG OR  SUBSTANCE  TO  THE
ANIMAL  WITH THE INTENT THAT THE ANIMAL TAKE THE SAME, REGARDLESS OF THE
ANIMAL'S OWNERSHIP; OR
  4. COMMITS THE CRIME  OF  ANIMAL  CRUELTY  IN  THE  SECOND  DEGREE  IN
VIOLATION  OF  SECTION  280.20  OF  THIS ARTICLE AND HAS PREVIOUSLY BEEN
CONVICTED, WITHIN THE PRECEDING TEN YEARS,  OF  ANIMAL  CRUELTY  IN  THE
SECOND DEGREE.
  NOTHING  CONTAINED  IN  THIS SECTION SHALL BE CONSTRUED TO PROHIBIT OR
INTERFERE IN ANY WAY WITH ANYONE LAWFULLY ENGAGED IN HUNTING,  TRAPPING,
OR FISHING, AS PROVIDED IN ARTICLE ELEVEN OF THE ENVIRONMENTAL CONSERVA-
TION  LAW,  THE  DISPATCH  OF  RABID OR DISEASED ANIMALS, AS PROVIDED IN
ARTICLE TWENTY-ONE OF THE PUBLIC HEALTH LAW, OR THE DISPATCH OF  ANIMALS
POSING  A  THREAT TO HUMAN SAFETY OR OTHER ANIMALS, WHERE SUCH ACTION IS
OTHERWISE LEGALLY  AUTHORIZED,  OR  ANY  PROPERLY  CONDUCTED  SCIENTIFIC
TESTS,  EXPERIMENTS,  OR  INVESTIGATIONS  INVOLVING  THE  USE  OF LIVING
ANIMALS, PERFORMED OR CONDUCTED IN LABORATORIES OR INSTITUTIONS APPROVED
FOR SUCH PURPOSES BY THE COMMISSIONER  OF  HEALTH  PURSUANT  TO  SECTION
280.20 OF THIS ARTICLE.
  ANIMAL CRUELTY IN THE FIRST DEGREE IS A CLASS D FELONY.
S 280.26 ABANDONMENT OF AN ANIMAL; DEFENSE.
  IN  A  PROSECUTION  FOR  ABANDONMENT  OF AN ANIMAL OR PET, PURSUANT TO
PARAGRAPH (B) OF SUBDIVISION ONE OF  SECTION  280.20  OF  THIS  ARTICLE,
BASED  UPON  AN ALLEGED DESERTION OF AN ANIMAL OR PET, WITH AN INTENT TO
WHOLLY ABANDON SUCH PET OR ANIMAL, IT IS AN  AFFIRMATIVE  DEFENSE  THAT,
WITH  THE INTENT THAT THE ANIMAL OR PET BE SAFE FROM PHYSICAL INJURY AND
CARED FOR IN AN APPROPRIATE MANNER, THE DEFENDANT LEFT THE ANIMAL OR PET
WITH AN APPROPRIATE PERSON OR IN A SUITABLE LOCATION AND PROMPTLY  NOTI-
FIED AN APPROPRIATE PERSON OF SUCH ANIMAL OR PET'S LOCATION.
S 280.30 UNLAWFUL DEALING  WITH DOMESTIC ANIMALS USED FOR RACING, BREED-
           ING, OR COMPETITIVE EXHIBITION OF SKILL, BREED OR STAMINA.
  A PERSON IS GUILTY OF UNLAWFUL DEALING WITH DOMESTIC ANIMALS USED  FOR
RACING,  BREEDING, OR COMPETITIVE EXHIBITION OF SKILL, BREED, OR STAMINA
WHEN, REGARDLESS OF OWNERSHIP,  POSSESSION,  CARE,  CONTROL,  CHARGE  OR
CUSTODY, SUCH PERSON:
  1.  COMMITS  THE  CRIME  OF  ANIMAL  CRUELTY  IN  THE SECOND DEGREE IN
VIOLATION OF SECTION 280.20 OF THIS ARTICLE, AND SUCH ANIMAL IS A HORSE,
MULE, DOG, OR ANY DOMESTIC ANIMAL  USED  FOR  THE  PURPOSES  OF  RACING,
BREEDING OR COMPETITIVE EXHIBITION OF SKILL, BREED, OR STAMINA; OR
  2.  INTERFERES  WITH,  INJURES,  DESTROYS,  OR TAMPERS WITH ANY HORSE,
MULE, DOG, OR ANY DOMESTIC ANIMAL  USED  FOR  THE  PURPOSES  OF  RACING,
BREEDING, OR COMPETITIVE EXHIBITION OF SKILL, BREED, OR STAMINA.

S. 6730                             8

  UNLAWFUL  DEALING  WITH  DOMESTIC ANIMALS USED FOR RACING, BREEDING OR
COMPETITIVE EXHIBITION OF SKILL, BREED OR STAMINA IS A CLASS E FELONY.
S 280.35 ENDANGERING THE WELFARE OF ANIMALS.
  A  PERSON  IS  GUILTY OF ENDANGERING THE WELFARE OF ANIMALS WHEN, WITH
THE INTENT TO CAUSE INJURY TO AN ANIMAL, OR RECKLESSLY CREATING  A  RISK
THEREOF, SUCH PERSON:
  1.  CREATES  A  HAZARDOUS  OR  PHYSICALLY  OFFENSIVE CONDITION FOR ANY
ANIMAL BY ANY ACT THAT SERVES NO LEGITIMATE PURPOSE; OR
  2. THROWS, DROPS OR PLACES, OR CAUSES TO BE THROWN, DROPPED OR  PLACED
IN  A PUBLIC PLACE, A SUBSTANCE THAT MIGHT WOUND, DISABLE, OR INJURE ANY
ANIMAL.
  ENDANGERING THE WELFARE OF ANIMALS IS A VIOLATION.
S 280.40 ANIMAL ABDUCTION IN THE THIRD DEGREE.
  A PERSON IS GUILTY OF ANIMAL ABDUCTION IN THE THIRD DEGREE  WHEN  SUCH
PERSON  RESTRAINS A COMPANION ANIMAL WITHOUT THE CONSENT OF THE INDIVID-
UAL HAVING OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR CUSTODY  OVER
SAID COMPANION ANIMAL.
  ANIMAL ABDUCTION IN THE THIRD DEGREE IS A CLASS B MISDEMEANOR.
S 280.45 ANIMAL ABDUCTION IN THE SECOND DEGREE.
  A  PERSON IS GUILTY OF ANIMAL ABDUCTION IN THE SECOND DEGREE WHEN SUCH
PERSON ABDUCTS A COMPANION ANIMAL WITHOUT THE CONSENT OF THE  INDIVIDUAL
HAVING OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR CUSTODY OVER SAID
COMPANION ANIMAL.
  ANIMAL ABDUCTION IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR.
S 280.50 ANIMAL ABDUCTION IN THE FIRST DEGREE.
  A  PERSON  IS GUILTY OF ANIMAL ABDUCTION IN THE FIRST DEGREE WHEN SUCH
PERSON ABDUCTS OR RESTRAINS A COMPANION ANIMAL WITHOUT  THE  CONSENT  OF
THE  INDIVIDUAL  HAVING  OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR
CUSTODY OVER SAID COMPANION ANIMAL, AND WHEN:
  1. SUCH PERSON'S INTENT IS TO COMPEL THE  PAYMENT  OR  DELIVERANCE  OF
MONEY  OR  PROPERTY AS RANSOM, OR TO ENGAGE IN OTHER PARTICULAR CONDUCT,
OR TO REFRAIN FROM ENGAGING IN PARTICULAR CONDUCT; OR
  2. SUCH PERSON CAUSES PHYSICAL INJURY TO THE COMPANION ANIMAL; OR
  3. THE COMPANION ANIMAL DIES DURING THE ABDUCTION OR BEFORE IT IS ABLE
TO RETURN OR BE RETURNED TO SAFETY. SUCH DEATH SHALL  BE  PRESUMED  FROM
EVIDENCE   THAT  THE  INDIVIDUAL  HAVING  OWNERSHIP,  POSSESSION,  CARE,
CONTROL, CHARGE OR CUSTODY OVER SAID COMPANION ANIMAL DID  NOT  SEE  THE
ANIMAL FOLLOWING THE TERMINATION OF THE ABDUCTION AND PRIOR TO TRIAL AND
RECEIVED  NO  RELIABLE INFORMATION DURING SUCH PERIOD PERSUASIVELY INDI-
CATING THAT SUCH ANIMAL WAS ALIVE.
  ANIMAL ABDUCTION IN THE FIRST DEGREE IS A CLASS D FELONY.
S 280.55 UNAUTHORIZED  POSSESSION  OF  ANIMAL  PRESUMPTIVE  EVIDENCE  OF
           RESTRAINT AND ABDUCTION.
  THE  UNAUTHORIZED POSSESSION OF A COMPANION ANIMAL BY ANY PERSON WITH-
OUT THE CONSENT OF THE INDIVIDUAL HAVING  OWNERSHIP,  POSSESSION,  CARE,
CONTROL,  CHARGE  OR  CUSTODY  OVER  SAID COMPANION ANIMAL, FOR A PERIOD
EXCEEDING TEN DAYS, WITHOUT NOTIFYING EITHER SAID INDIVIDUAL, THE  LOCAL
POLICE  AUTHORITIES,  OR  THE  OFFICE OF THE SUPERINTENDENT OF THE STATE
POLICE LOCATED IN  ALBANY,  NEW  YORK,  OF  SUCH  POSSESSION,  SHALL  BE
PRESUMPTIVE EVIDENCE OF RESTRAINT AND ABDUCTION.
S 280.60 APPROPRIATE SHELTER FOR DOGS LEFT OUTDOORS.
  1. FOR PURPOSES OF THIS SECTION:
  (A)  "PHYSICAL CONDITION" SHALL INCLUDE ANY SPECIAL MEDICAL NEEDS OF A
DOG DUE TO DISEASE, ILLNESS, INJURY, AGE OR BREED ABOUT WHICH THE  OWNER
OR PERSON WITH CUSTODY OR CONTROL OF THE DOG SHOULD REASONABLY BE AWARE.

S. 6730                             9

  (B)  "INCLEMENT WEATHER" SHALL MEAN WEATHER CONDITIONS THAT ARE LIKELY
TO ADVERSELY AFFECT THE HEALTH OR SAFETY OF THE DOG, INCLUDING  BUT  NOT
LIMITED TO RAIN, SLEET, ICE, SNOW, WIND, OR EXTREME HEAT AND COLD.
  (C) "DOGS THAT ARE LEFT OUTDOORS" SHALL MEAN DOGS THAT ARE OUTDOORS IN
INCLEMENT  WEATHER  WITHOUT  READY ACCESS TO, OR THE ABILITY TO ENTER, A
HOUSE, APARTMENT BUILDING,  OFFICE  BUILDING,  OR  ANY  OTHER  PERMANENT
STRUCTURE  THAT  COMPLIES WITH THE STANDARDS ENUMERATED IN PARAGRAPH (B)
OF SUBDIVISION THREE OF THIS SECTION.
  2. (A) ANY PERSON WHO OWNS OR HAS CUSTODY OR CONTROL OF A DOG THAT  IS
LEFT  OUTDOORS  SHALL  PROVIDE IT WITH SHELTER APPROPRIATE TO ITS BREED,
PHYSICAL CONDITION AND CLIMATE. ANY PERSON WHO  KNOWINGLY  VIOLATES  THE
PROVISIONS OF THIS SECTION SHALL BE GUILTY OF A VIOLATION, PUNISHABLE BY
A  FINE OF NOT LESS THAN FIFTY DOLLARS NOR MORE THAN ONE HUNDRED DOLLARS
FOR A FIRST OFFENSE, AND A FINE OF NOT LESS THAN ONE HUNDRED DOLLARS NOR
MORE THAN TWO HUNDRED FIFTY DOLLARS FOR A SECOND AND SUBSEQUENT OFFENSE.
BEGINNING SEVENTY-TWO HOURS AFTER A CHARGE OF  VIOLATING  THIS  SECTION,
EACH  DAY  THAT A DEFENDANT FAILS TO CORRECT THE DEFICIENCIES IN THE DOG
SHELTER FOR A DOG THAT HE OR SHE OWNS OR THAT IS IN HIS OR  HER  CUSTODY
OR  CONTROL AND THAT IS LEFT OUTDOORS, SO AS TO BRING IT INTO COMPLIANCE
WITH THE PROVISIONS OF THIS SECTION SHALL CONSTITUTE A SEPARATE OFFENSE.
  (B) THE COURT MAY, IN ITS DISCRETION, REDUCE THE AMOUNT  OF  ANY  FINE
IMPOSED  FOR A VIOLATION OF THIS SECTION BY THE AMOUNT WHICH THE DEFEND-
ANT PROVES HE OR SHE HAS SPENT PROVIDING A DOG SHELTER OR  REPAIRING  AN
EXISTING  DOG  SHELTER SO THAT IT COMPLIES WITH THE REQUIREMENTS OF THIS
SECTION. NOTHING IN THIS PARAGRAPH SHALL PREVENT THE SEIZURE  OF  A  DOG
FOR  A  VIOLATION  OF  THIS SECTION PURSUANT TO THE AUTHORITY GRANTED IN
THIS ARTICLE.
  3. MINIMUM STANDARDS FOR DETERMINING WHETHER SHELTER IS APPROPRIATE TO
A DOG'S BREED, PHYSICAL CONDITION AND THE CLIMATE SHALL INCLUDE:
  (A) FOR DOGS THAT ARE RESTRAINED IN  ANY  MANNER  OUTDOORS,  SHADE  BY
NATURAL  OR  ARTIFICIAL MEANS TO PROTECT THE DOG FROM DIRECT SUNLIGHT AT
ALL TIMES WHEN EXPOSURE TO SUNLIGHT IS LIKELY TO THREATEN THE HEALTH  OF
THE DOG.
  (B)  FOR ALL DOGS THAT ARE LEFT OUTDOORS IN INCLEMENT WEATHER, A HOUS-
ING FACILITY, WHICH MUST: (1) HAVE A  WATERPROOF  ROOF;  (2)  BE  STRUC-
TURALLY  SOUND  WITH INSULATION APPROPRIATE TO LOCAL CLIMATIC CONDITIONS
AND SUFFICIENT TO  PROTECT  THE  DOG  FROM  INCLEMENT  WEATHER;  (3)  BE
CONSTRUCTED  TO  ALLOW  EACH  DOG  ADEQUATE  FREEDOM OF MOVEMENT TO MAKE
NORMAL POSTURAL ADJUSTMENTS, INCLUDING THE ABILITY  TO  STAND  UP,  TURN
AROUND  AND  LIE  DOWN  WITH  ITS  LIMBS OUTSTRETCHED; AND (4) ALLOW FOR
EFFECTIVE REMOVAL OF EXCRETIONS, OTHER WASTE MATERIAL, DIRT  AND  TRASH.
THE  HOUSING  FACILITY  AND THE AREA IMMEDIATELY SURROUNDING IT SHALL BE
REGULARLY CLEANED TO MAINTAIN A HEALTHY AND SANITARY ENVIRONMENT AND  TO
MINIMIZE HEALTH HAZARDS.
  4.  INADEQUATE SHELTER MAY BE INDICATED BY THE APPEARANCE OF THE HOUS-
ING FACILITY ITSELF, INCLUDING BUT  NOT  LIMITED  TO,  SIZE,  STRUCTURAL
SOUNDNESS,  EVIDENCE  OF CROWDING WITHIN THE HOUSING FACILITY, HEALTHFUL
ENVIRONMENT IN THE AREA IMMEDIATELY SURROUNDING SUCH FACILITY, OR BY THE
APPEARANCE OR PHYSICAL CONDITION OF THE DOG.
  5. UPON A FINDING OF ANY VIOLATION OF THIS SECTION, ANY  DOG  OR  DOGS
SEIZED  PURSUANT  TO  THE  PROVISIONS OF THIS ARTICLE THAT HAVE NOT BEEN
VOLUNTARILY SURRENDERED BY THE OWNER OR CUSTODIAN OR FORFEITED  PURSUANT
TO  COURT  ORDER  SHALL  BE RETURNED TO THE OWNER OR CUSTODIAN ONLY UPON
PROOF THAT APPROPRIATE SHELTER AS REQUIRED  BY  THIS  SECTION  IS  BEING
PROVIDED.

S. 6730                            10

  6.   NOTHING  IN  THIS  SECTION  SHALL  BE  CONSTRUED  TO  AFFECT  ANY
PROTECTIONS AFFORDED TO DOGS OR OTHER ANIMALS UNDER ANY OTHER PROVISIONS
OF THIS ARTICLE.
S 280.65 CONFINEMENT  OF  COMPANION ANIMALS IN VEHICLES; EXTREME TEMPER-
           ATURES.
  1. A PERSON SHALL NOT CONFINE A COMPANION ANIMAL IN A MOTOR VEHICLE IN
EXTREME HEAT OR COLD WITHOUT PROPER VENTILATION OR OTHER PROTECTION FROM
SUCH EXTREME TEMPERATURES WHERE SUCH CONFINEMENT  PLACES  THE  COMPANION
ANIMAL  IN  IMMINENT  DANGER  OF DEATH OR SERIOUS PHYSICAL INJURY DUE TO
EXPOSURE TO SUCH EXTREME HEAT OR COLD.
  2. WHERE THE OPERATOR OF SUCH A VEHICLE CANNOT BE PROMPTLY LOCATED,  A
POLICE  OFFICER, PEACE OFFICER, OR PEACE OFFICER ACTING AS AN AGENT OF A
DULY INCORPORATED HUMANE SOCIETY MAY TAKE NECESSARY STEPS TO REMOVE  THE
ANIMAL OR ANIMALS FROM THE VEHICLE.
  3.  POLICE OFFICERS, PEACE OFFICERS OR PEACE OFFICERS ACTING AS AGENTS
OF A DULY INCORPORATED HUMANE SOCIETY REMOVING AN ANIMAL OR ANIMALS FROM
A VEHICLE PURSUANT TO THIS SECTION SHALL PLACE A WRITTEN NOTICE ON OR IN
THE VEHICLE, BEARING THE NAME OF THE OFFICER OR AGENT, AND  THE  DEPART-
MENT OR AGENCY AND ADDRESS WHERE THE ANIMAL OR ANIMALS WILL BE TAKEN.
  4.  AN  ANIMAL  OR  ANIMALS  REMOVED  FROM  A VEHICLE PURSUANT TO THIS
SECTION SHALL, AFTER  RECEIPT  OF  ANY  NECESSARY  EMERGENCY  VETERINARY
TREATMENT, BE DELIVERED TO THE DULY INCORPORATED HUMANE SOCIETY OR SOCI-
ETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, OR DESIGNATED AGENT THERE-
OF, IN THE JURISDICTION WHERE THE ANIMAL OR ANIMALS WERE SEIZED.
  5. ANY PERSON WHO KNOWINGLY VIOLATES THE PROVISIONS OF SUBDIVISION ONE
OF  THIS SECTION SHALL BE GUILTY OF A VIOLATION, PUNISHABLE BY A FINE OF
NOT LESS THAN FIFTY DOLLARS NOR MORE THAN  ONE  HUNDRED  DOLLARS  FOR  A
FIRST  OFFENSE, AND A FINE OF NOT LESS THAN ONE HUNDRED DOLLARS NOR MORE
THAN TWO HUNDRED AND FIFTY DOLLARS FOR A SECOND AND SUBSEQUENT OFFENSES.
  6. OFFICERS SHALL NOT BE HELD CRIMINALLY OR CIVILLY LIABLE FOR ACTIONS
TAKEN REASONABLY AND IN GOOD FAITH IN CARRYING  OUT  THE  PROVISIONS  OF
THIS SECTION.
  7.  NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO AFFECT ANY
OTHER  PROTECTIONS  AFFORDED  TO  COMPANION  ANIMALS  UNDER  ANY   OTHER
PROVISIONS OF THIS ARTICLE.
S 280.70 LEAVING NEW YORK STATE TO AVOID PROVISIONS OF THIS ARTICLE.
  A  PERSON  WHO  LEAVES  THIS  STATE  WITH  INTENT  TO ELUDE ANY OF THE
PROVISIONS OF THIS ARTICLE OR TO COMMIT ANY ACT OUT OF THIS STATE  WHICH
IS  PROHIBITED  BY THEM OR WHO, BEING A RESIDENT OF THIS STATE, DOES ANY
ACT WITHOUT THIS STATE, PURSUANT TO SUCH INTENT, WHICH WOULD BE PUNISHA-
BLE UNDER SUCH PROVISIONS, IF COMMITTED WITHIN THIS STATE, IS PUNISHABLE
IN THE SAME MANNER AS IF SUCH ACT HAD BEEN COMMITTED WITHIN THIS STATE.
S 280.75 EVIDENTIARY  AND  IMPOUNDMENT  PROCEDURES  BY  MEMBERS  OF  LAW
           ENFORCEMENT.
  MATTERS  RELATING  TO  THE  SEIZURE,  ADOPTION,  CARE, DISPOSITION AND
DESTRUCTION OF ANIMALS BY MEMBERS OF LAW ENFORCEMENT AND  MEMBERS  OF  A
DULY  INCORPORATED  SOCIETY  FOR  THE  PREVENTION  OF CRUELTY TO ANIMALS
CHARGED TO ENFORCE THIS ARTICLE, ANCILLARY TO SUCH ENFORCEMENT  OF  THIS
ARTICLE,  SHALL BE GOVERNED BY ARTICLE TWENTY-SIX OF THE AGRICULTURE AND
MARKETS LAW AND ARTICLE SIX HUNDRED NINETY  OF  THE  CRIMINAL  PROCEDURE
LAW.
S 280.80 SPECIAL SENTENCING PROVISIONS APPLICABLE.
  IN  ADDITION  TO  ANY  OTHER  PENALTY  PROVIDED BY LAW, THE SENTENCING
PROVISIONS CONTAINED IN SECTION THREE HUNDRED EIGHTY OF THE  AGRICULTURE
AND MARKETS LAW SHALL BE APPLICABLE TO VIOLATIONS OF THIS ARTICLE.

S. 6730                            11

  S  10.  Paragraph  (c)  of subdivision 1 of section 70.02 of the penal
law, as amended by chapter 405 of the laws of 2010, is amended  to  read
as follows:
  (c)  Class  D violent felony offenses: an attempt to commit any of the
class C felonies set forth in paragraph (b); reckless assault of a child
as defined in section 120.02, assault in the second degree as defined in
section 120.05, menacing a police officer or peace officer as defined in
section 120.18, stalking in the first degree, as defined in  subdivision
one  of section 120.60, strangulation in the second degree as defined in
section 121.12, rape in the second degree as defined in section  130.30,
criminal  sexual  act in the second degree as defined in section 130.45,
sexual abuse in the first degree as defined in section 130.65, course of
sexual conduct against a child  in  the  second  degree  as  defined  in
section  130.80,  aggravated sexual abuse in the third degree as defined
in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
substance  as defined in section 130.90, criminal possession of a weapon
in the third degree as defined in subdivision five, six, seven or  eight
of  section  265.02,  criminal  sale of a firearm in the third degree as
defined in section 265.11, intimidating  a  victim  or  witness  in  the
second  degree  as  defined  in  section 215.16, soliciting or providing
support for an act of terrorism in  the  second  degree  as  defined  in
section  490.10,  and  making a terroristic threat as defined in section
490.20, falsely reporting an incident in the first degree as defined  in
section 240.60, placing a false bomb or hazardous substance in the first
degree  as  defined in section 240.62, placing a false bomb or hazardous
substance in a sports stadium or arena, mass transportation facility  or
enclosed  shopping  mall  as defined in section 240.63, [and] aggravated
unpermitted use of indoor pyrotechnics in the first degree as defined in
section 405.18, AND ANIMAL CRUELTY IN THE FIRST  DEGREE  AS  DEFINED  IN
SECTION 280.25.
  S  11.  Section 195.06 of the penal law, as added by chapter 42 of the
laws of 1986, is amended to read as follows:
S 195.06 Killing or injuring a police animal.
  A person is guilty of killing or injuring a police  animal  when  such
person intentionally kills or injures any animal while such animal is in
the  performance  of its duties and under the supervision of a police or
peace officer.
  Killing or injuring a police animal is a class [A misdemeanor] D FELO-
NY.
  S 12. Section 195.11 of the penal law, as added by chapter 344 of  the
laws of 1989, is amended to read as follows:
S  195.11 Harming an animal trained to aid a person with a disability in
           the second degree.
  A person is guilty of harming an animal trained to aid a person with a
disability in the second degree when such  person  intentionally  causes
physical  injury to such animal while it is in the performance of aiding
a person with a disability, and thereby renders such animal incapable of
providing such aid to such person, or to another person with a disabili-
ty.
  For purposes of this section and section 195.12 of this  article,  the
term  "disability"  means "disability" as defined in subdivision twenty-
one of section two hundred ninety-two of the executive law.
  Harming an animal trained to aid a person with  a  disability  in  the
second degree is a class [B] A misdemeanor.
  S  13. Section 195.12 of the penal law, as added by chapter 344 of the
laws of 1989, is amended to read as follows:

S. 6730                            12

S 195.12 Harming an animal trained to aid a person with a disability  in
           the first degree.
  A person is guilty of harming an animal trained to aid a person with a
disability in the first degree when such person:
  1.  intentionally causes physical injury to such animal while it is in
the performance of aiding  a  person  with  a  disability,  and  thereby
renders  such animal permanently incapable of providing such aid to such
person, or to another person with a disability; or
  2. intentionally kills such animal while it is in the  performance  of
aiding a person with a disability.
  Harming  an  animal  trained  to aid a person with a disability in the
first degree is a class [A misdemeanor] D FELONY.
  S 14. Subdivision 2 of section 265.01 of the penal law, as amended  by
chapter 220 of the laws of 1988, is amended to read as follows:
  (2)  He  OR  SHE  possesses  any dagger, dangerous knife, dirk, razor,
stiletto, imitation pistol, or any other dangerous or deadly  instrument
or  weapon with intent to use the same unlawfully against another PERSON
OR ANIMAL; or
  S 15. Severability clause. If any clause, sentence, paragraph,  subdi-
vision,  section  or  part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 16. This act shall take effect immediately; provided, however,  that
sections  nine  through  fourteen  of  this act shall take effect on the
first of November next succeeding the date on which it shall have become
a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.