senate Bill S6131

Relates to knowingly possessing or harboring a hostile dog

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Sponsor

O'BRIEN

Bill Status


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

  • 08 / Jan / 2014
    • REFERRED TO CODES

Summary

Relates to knowingly possessing or harboring a hostile dog which without justification attacks a person and causes serious physical injury or death or is not lawfully licensed, currently vaccinated for rabies and has no valid official identification tag affixed to its collar and cannot be restrained from chasing, worrying or attacking any person under the age of 16 in a manner capable of causing serious injury.

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Bill Details

Versions:
S6131
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §265.01, Pen L
Versions Introduced in Previous Legislative Cycles:
2013-2014: A2836
2011-2012: A2836, A3102
2009-2010: A1408, A1761
2007-2008: A255, A5520

Sponsor Memo

BILL NUMBER:S6131

TITLE OF BILL: An act to amend the penal law, in relation to
knowingly possessing or harboring a hostile dog

PURPOSE: The purpose of this measure is to establish conditions where
the possession of a notoriously dangerous dog would be deemed
possession of a weapon in the fourth degree.

SUMMARY OF PROVISIONS: This bill adds a new subdivision to section
265.01 of the penal law, to charge a person with criminal possession
of a weapon if he or she knowingly possesses or harbors a hostile dog
that (1) without provocation attacks a person causing serious injury
or death or (2) is not licensed, is not currently vaccinated for
rabies, does not have valid identification tags and cannot be
restrained from chasing or attacking children under the age of 16.
Additionally, the person may incur such charges if he or she refuses
to surrender the dog as required by judicial order issued pursuant to
§ 121 of the Agriculture and Markets Law or uses any dog in the
commission of a crime.

JUSTIFICATION: Incidents of unprovoked dog attacks is a widespread
problem which must be addressed. Fault for these attacks lies with the
negligent pet owners and current laws are inadequate to appropriately
charge them. This measure sets forth criteria whereby negligent pet
owners can be charged with criminal possession of a weapon for
possessing or harboring a notoriously hostile dog.

LEGISLATIVE HISTORY: A.9827/S6792 of 2000 Reported to Codes/Referred
to Agriculture A.2699 of 2001-2002 Referred to Codes A.573 of
2003-2004 Referred to Codes A.1000 of 2005-2006 Referred to Codes
A.255/5.6292 of 2007-2008 Referred to Codes A.1761 of 2009-2010
Referred to Codes A.2836 of 2011-2012 Referred to Codes

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the first of November
next succeeding the date on which it shall have become a law.

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

                                  6131

                            I N  S E N A T E

                               (PREFILED)

                             January 8, 2014
                               ___________

Introduced  by  Sen. O'BRIEN -- 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  knowingly  possessing  or
  harboring a hostile dog

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

  Section 1. Section 265.01 of the penal law is amended by adding a  new
subdivision 9 to read as follows:
  (9)  HE OR SHE KNOWINGLY POSSESSES OR HARBORS ANY DOG THAT, BY TEMPER-
AMENT, NATURE, OR PAST BEHAVIOR, IS INCLINED TO BE HOSTILE AND:
  (A) ATTACKS A PERSON, WITHOUT  PROVOCATION,  THEREBY  CAUSING  SERIOUS
PHYSICAL INJURY OR DEATH TO SUCH PERSON; OR
  (B)  (I) IS NOT LICENSED, (II) DOES NOT HAVE A CURRENT VACCINATION FOR
RABIES, (III) DOES NOT HAVE  A  VALID  IDENTIFICATION  TAG  PURSUANT  TO
SECTION  ONE HUNDRED TWELVE OF THE AGRICULTURE AND MARKETS LAW, AND (IV)
CANNOT BE RESTRAINED FROM CHASING, WORRYING,  OR  ATTACKING  ANY  PERSON
UNDER THE AGE OF SIXTEEN; OR
  (C)  HE OR SHE HAS REFUSED TO SURRENDER THE DOG AS REQUIRED BY A JUDI-
CIAL ORDER ISSUED PURSUANT TO SECTION  ONE  HUNDRED  TWENTY-ONE  OF  THE
AGRICULTURE AND MARKETS LAW; OR
  (D) HE OR SHE USES THE DOG IN THE COMMISSION OF A CRIME.
  S 2. 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.
                                                           LBD13149-01-3

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