senate Bill S2336

Amended

Creates first and second degree pet theft offenses

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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

  • 16 / Jan / 2013
    • REFERRED TO CODES
  • 06 / Feb / 2013
    • AMEND AND RECOMMIT TO CODES
  • 06 / Feb / 2013
    • PRINT NUMBER 2336A
  • 08 / Jan / 2014
    • REFERRED TO CODES

Summary

Creates first and second degree pet theft offenses.

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Bill Details

Versions:
S2336
S2336A
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add ยงยง165.75, 165.80 & 165.85, Pen L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S992A
2009-2010: S6354

Sponsor Memo

BILL NUMBER:S2336

TITLE OF BILL: An act to amend the penal law, in relation to theft of
a companion animal or pet

PURPOSE OR GENERAL IDEA OF BILL: Creates first and second degree pet
theft offenses.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: The penal law is amended by adding three new sections:
165.75, 165.80 and 165.85 to create the felony offenses of pet theft
in the first and second degree.

A person is guilty of pet theft in the second degree when he/she
steals a companion animal or pet, which is defined as a dog, cat or
other domesticated animal normally maintained in or near the household
of the owner or person who cares for such animal. Pet theft in the
second degree is a class E felony and carries a maximum sentence of
four years imprisonment.

A person is guilty of pet theft in the first degree when he/she
commits pet theft in the second degree, and when (1) such animal is
sold for scientific research purposes; or, (2) with no justifiable
purpose, he or she intentionally kills or intentionally causes serious
physical injury to such companion animal or pet with aggravated
cruelty. Pet theft in the first degree is a class D felony and carries
a maximum sentence of seven years imprisonment.

JUSTIFICATION: Pets often provide companionship that mirrors that of
a best friend or loved one. When a pet is stolen, it feels as if a
loved one has been kidnapped. Unfortunately, the law does not
currently acknowledge the severity of loss in these sad situations.
Pet theft is currently prosecuted, if at all, as a petit larceny,
misdemeanor offense - supposing the loss of a beloved pet is similar
to that of any stolen personal property. Pets, however, occupy a
special place in our hearts, homes and society and should, therefore,
be distinguished under the law.

This bill was amended to change the numbering of sections created.

PRIOR LEGISLATIVE HISTORY: 2010 - S.6354 REFERRED TO CODES - A.9429
Referred to Codes; 2012 - S. 992 - Referred to Codes

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: Immediate.

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

                                  2336

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 16, 2013
                               ___________

Introduced  by  Sens. KLEIN, GRISANTI -- 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  theft  of  a  companion
  animal or pet

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

  Section 1. The penal law is  amended  by  adding  three  new  sections
165.75, 165.80 and 165.85 to read as follows:
S 165.75 DEFINITIONS.
  AS  USED  IN SECTIONS 165.80 AND 165.85 OF THIS ARTICLE, THE FOLLOWING
TERMS HAVE THE FOLLOWING DEFINITIONS:
  1. THE TERM "COMPANION ANIMAL" OR "PET" IS DEFINED AS A DOG,  CAT,  OR
ANY  OTHER DOMESTICATED ANIMAL NORMALLY MAINTAINED IN OR NEAR THE HOUSE-
HOLD OF THE OWNER OR PERSON WHO  CARES  FOR  SUCH  DOMESTICATED  ANIMAL.
"PET" OR "COMPANION ANIMAL" SHALL NOT INCLUDE A "FARM ANIMAL" AS DEFINED
IN  SUBDIVISION  FOUR  OF SECTION THREE HUNDRED FIFTY OF THE AGRICULTURE
AND MARKETS LAW.
  2. THE TERM "AGGRAVATED CRUELTY" SHALL MEAN CONDUCT WHICH:
  A. IS INTENDED TO CAUSE EXTREME PHYSICAL PAIN; OR
  B. IS DONE OR CARRIED  OUT  IN  AN  ESPECIALLY  DEPRAVED  OR  SADISTIC
MANNER.
S 165.80 PET THEFT IN THE SECOND DEGREE.
  1. A PERSON IS GUILTY OF PET THEFT IN THE SECOND DEGREE WHEN HE OR SHE
STEALS A COMPANION ANIMAL OR PET.
  2. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04637-02-3

S. 2336                             2

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
THREE HUNDRED FIFTY-THREE OF THE AGRICULTURE AND MARKETS LAW.
  PET THEFT IN THE SECOND DEGREE IS A CLASS E FELONY.
S 165.85 PET THEFT IN THE FIRST DEGREE.
  1.  A PERSON IS GUILTY OF PET THEFT IN THE FIRST DEGREE WHEN HE OR SHE
COMMITS PET THEFT IN THE SECOND DEGREE, AS DEFINED IN SECTION 165.80  OF
THIS ARTICLE, AND WHEN:
  A. SUCH ANIMAL IS SOLD FOR SCIENTIFIC RESEARCH PURPOSES; OR
  B.  WITH  NO  JUSTIFIABLE  PURPOSE,  HE  OR SHE INTENTIONALLY KILLS OR
INTENTIONALLY CAUSES SERIOUS PHYSICAL INJURY TO SUCH COMPANION ANIMAL OR
PET WITH AGGRAVATED CRUELTY.
  2. 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
THREE HUNDRED FIFTY-THREE OF THE AGRICULTURE AND MARKETS LAW.
  PET THEFT IN THE FIRST DEGREE IS A CLASS D FELONY.
  S 2. This act shall take effect immediately.

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