senate Bill S1495

Includes the theft of dogs and cats within the crime of grand larceny in the fourth degree (a class E felony) in certain cases

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Bill Status


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

  • 09 / Jan / 2013
    • REFERRED TO CODES
  • 08 / May / 2013
    • 1ST REPORT CAL.601
  • 20 / May / 2013
    • 2ND REPORT CAL.
  • 21 / May / 2013
    • ADVANCED TO THIRD READING
  • 20 / Jun / 2013
    • PASSED SENATE
  • 20 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 20 / Jun / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 06 / May / 2014
    • 1ST REPORT CAL.572
  • 07 / May / 2014
    • 2ND REPORT CAL.
  • 12 / May / 2014
    • ADVANCED TO THIRD READING
  • 19 / Jun / 2014
    • PASSED SENATE
  • 19 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 19 / Jun / 2014
    • REFERRED TO CODES

Summary

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

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Bill Details

See Assembly Version of this Bill:
A3769
Versions:
S1495
Legislative Cycle:
2013-2014
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยงยง155.00 & 155.30, Pen L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S946, A3686
2009-2010: S568, A2593
2007-2008: A2197

Sponsor Memo

BILL NUMBER:S1495

TITLE OF BILL:
An act
to amend the penal law, in relation to including the theft of dogs
and cats within the crime of grand larceny in the fourth degree in
certain cases

PURPOSE: This bill would include the theft of a "pet"
within the
provisions of Grand Larceny in the Fourth Degree.

SUMMARY OF PROVISIONS: Section 155.30 of the Penal
Law is amended by
adding a new subdivision 8-A which provides that a person is guilty of
grand larceny in the 4th degree (a class E felony) when he steals
property and when the property, regardless of its value, consists of
a pet which is taken from: (1) the person of the owner or of the
lawful custodian of such pet, or (2) the dwelling of the owner or
lawful custodian of such pet, or (3) any enclosure or yard contained
within the real property boundary line of such dwelling. Section
155.00 of the Penal Law is amended by adding a new subdivision 10
which provides that a "pet" means a licensed dog or a cat which is
harbored by the owner or lawful custodian of such dog or a cat in a
dwelling or within an enclosure or yard.

JUSTIFICATION: Since the dollar value of the stolen
property needed to
qualify for a felony larceny was raised to $1,000, police authorities
take only limited action on reported thefts of dogs and cats. It is
often very difficult to establish the value of a dog or cat,
particularly when the animal is not recovered. Even when the stolen
dog or cat is a pedigree, it is still difficult to place a dollar
amount on the animal because lineage is only one factor to be
considered when estimating value. In any event, it is impossible to
place a dollar value on the love and companionship provided by a pet.
This bill would rectify this situation.

LEGISLATIVE HISTORY: 1999-2008: Passed Senate.
2009-10: Senate Codes
Committee. 2011-12: Passed Senate.

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect on the
first day of
November next 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
________________________________________________________________________

                                  1495

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to  including  the  theft  of
  dogs  and  cats within the crime of grand larceny in the fourth degree
  in certain cases

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

  Section  1. Section 155.00 of the penal law is amended by adding a new
subdivision 10 to read as follows:
  10. "PET" MEANS A DOG OR A CAT WHICH  IS  HARBORED  BY  THE  OWNER  OR
LAWFUL CUSTODIAN OF SUCH DOG OR CAT IN A DWELLING OR WITHIN AN ENCLOSURE
OR  YARD  WHICH  IS  CONTAINED WITHIN THE REAL PROPERTY BOUNDARY LINE OF
SUCH DWELLING.   FOR PURPOSES OF THIS  SUBDIVISION,  "HARBOR"  MEANS  TO
PROVIDE FOOD AND SHELTER TO A DOG OR CAT.
  S 2. Section 155.30 of the penal law is amended by adding a new subdi-
vision 8-a to read as follows:
  8-A. THE PROPERTY, REGARDLESS OF ITS VALUE, CONSISTS OF A PET WHICH IS
TAKEN  FROM  THE  PERSON OF THE OWNER OR OF THE LAWFUL CUSTODIAN OF SUCH
PET, FROM THE DWELLING OF THE OWNER OR LAWFUL CUSTODIAN OF SUCH PET,  OR
FROM  ANY  ENCLOSURE OR YARD CONTAINED WITHIN THE REAL PROPERTY BOUNDARY
LINE OF SUCH DWELLING.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03263-01-3

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