senate Bill S6643

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

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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

  • 21 / Feb / 2014
    • REFERRED TO AGRICULTURE
  • 19 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 19 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1610
  • 20 / Jun / 2014
    • RECOMMITTED TO RULES

Summary

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

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Bill Details

See Assembly Version of this Bill:
A775B
Versions:
S6643
Legislative Cycle:
2013-2014
Current Committee:
Senate Rules
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
Versions Introduced in Previous Legislative Cycles:
2013-2014: A775A
2011-2012: A9917A, A9917A

Sponsor Memo

BILL NUMBER:S6643

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, 360, 361, 362 and subdivision 8 of section
374 of the agriculture and markets law relating thereto

PURPOSE OR GENERAL IDEA OF THE BILL:

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 statutory terms, re-titling animal crimes offenses,
altering the classification of certain animal crimes offenses,
delineating specific sentencing provisions for animal crimp. offenses,
introducing various new animal crimes offenses. Additionally, this
bill serves to create a hierarchy of offenses for charging,
plea-bargaining, and cross-referencing purposes. Finally, this bill
serves to address and rectify the many antiquated passages, vague
definitions and concepts, and outmoded language contained in the
current Agriculture and Markets statutes. Ultimately, the purpose of
this bill is to promote sound enforcement and consistent
interpretation of animal crimes by members of law enforcement and the
court system.

SUMMARY OF SPECIFIC PROVISIONS:

Article 26 of the Agriculture and Markets Law is mended by removing
the most common patrol-scenario provisions. These provisions are
transplanted into a new Penal Law Title (Q), discussed below.
Additionally, Article 26 is generally amended to incorporate
appropriate cross-referencing provisions.

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 term also goes
beyond enumerated crimes to include any offense by which an animal is
victimized (e.g. reckless endangerment of property; criminal
mischief). The existing section 350 of the Agriculture and Markets Law
is further modified adding subdivision 7, which provides the
definition of a "duly incorporated society for the prevention of
cruelty to animals," which is a cross-reference to the provisions
providing for the creation and powers of such entity as contained in
the not-for-profit corporation law.

The existing sections 351, 353, 353-a, 355, 360, 361, and 362 of the
Agriculture and Markets Law are removed entirely and variations of
these statutes appear in the proposed Penal Law Title Q. Sections
353-b and 353-d are removed and inserted verbatim in the proposed
Penal Law Title Q.

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 Q.


The existing subdivision 6 of section 373 of the Agriculture and
Markets Law is amended to add other agencies to qualify as impounding
organizations for the purposes of petitioning for a security bond in
order to obtain reasonable boarding expenses pending criminal
litigation. The addition of the other agencies comports with the fact
that these agencies may become responsible for the impound if the
animal were seized or impounded pursuant to a search warrant obtained
under article 690 of the criminal procedure law. For consistency, the
term "impounding organization" is further regularized in later
subsections of subdivision 6.

The existing section 374 of the Agriculture and Markets Law is
modified by detaching the special sentencing provisions contained, but
somewhat obscured by their placement 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.

Finally, subdivisions 1, 2, and 6 of section 380 add language which
would permit the court to order forfeiture of the animal to an animal
shelter, pound, sheriff, police officer, or district attorney, in
addition to a society for the prevention of cruelty to animals. As the
law is currently written, it stands to limit the forfeiture to a
society for the prevention of cruelty to animals only, which may cause
problems if either the society is overwhelmed or overburdened with
animal wards at that point in time or if the county is without such a
society. The presence of a such a society is not mandated by law. By
incorporating additional law enforcement entities and animal shelters,
there would be additional outlets for animal placement.

Subdivision 3 of the proposed section 380 eliminates the wording "or
any 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," This is due to the
simple fact that this present language, if acted upon, would
constitute a gross violation of the due process rights on an unaccused
party that is not under the jurisdiction of the sentencing court. If,
indeed, there were such a person, that person would have been or
should have been separately charged under accomplice liability or
otherwise, and received an individual determination under section 380.
Subdivision 5, which represents a possible sale restriction for farm
animals, is likewise modified to eliminate possible constitutional
concerns. The language is amended to reflect a possible court
restriction on sale or transfer to a charged, but not adjudicated,
co-defendant or coconspirator.

Additionally, language has been added to subdivision 3 in an effort to
alleviate the constitutional cloud over the term "reasonable, " The
language and criteria is thusly elaborated: "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."

Subdivision 4 of the proposed section 380 adds the term "used" in
regards to scientific testing. As the language of section 374 stands
presently, the absence of this term is an oversight that would permit
the shelter, pound, or duly incorporated society for the prevention of
cruelty to animals to experiment on the animals themselves, while
prohibiting their sale or transfer for that purpose.

The gravamen of the bill is the amendment of the Penal Law by adding a
new Title Q, which is comprised of animal cruelty offenses and largely
based upon the former provisions of Article 2,5 of the Agriculture and
Markets Law. The Title consists of a new Article 280, which is
captioned "Offenses against Animals."

Section 280.00 is introduced to the Penal Law and contains the bulk of
the definitions for the proposed Article 280. Subdivision 1 is a
verbatim reproduction of subdivision 1 of section 350 of the
Agriculture and Markets Law. Subdivision 2 is a reproduction of
subdivision 2 of section 350 of the Agriculture and Markets Law with
an important addition that serves to outsource clutter from the
proposed section 280.20. This additional language is based on passages
from the existing section 353 of the Agriculture and Markets Law.
Importantly, the definitions of "cruelty" and "torture," which
appeared together in subdivision 2 of section 350 of the Agriculture
and Markets Laws, are now severed. The definition of "torture" now
appears in subdivision 4 of the proposed definitions section and
derives entirely from a segment of the present definition of
"aggravated cruelty," as that term currently appears in section 353-a
of the Agriculture and Markets Law. Subdivision 3 is a near-verbatim
reproduction of language found in subdivision I of section 353-a of
the Agriculture and Markets Law, the only difference being the
aforementioned severance of verbiage which is transferred as the
definition of the term "torture." Subdivision 5 is based up on
subdivision 3 of section 350 of the Agriculture and Markets Law.
Subdivision 6 is a near-verbatim reproduction of subdivision 4 of
section 350f the Agriculture and Markets Law. Subdivision 7 is a
near-verbatim reproduction of subdivision 5 of section 350 of the
Agriculture and Markets Law with a minor change in sequencing on the
second couplet of "companion animal "or "pet." Subdivision 8 is a
verbatim reproduction of language which appears 'in subdivision 1 of
section 351 of the Agriculture and. Markets Law, Subdivision 9 was
composed to provide a concrete definition of "abandons" as that term
is used in the proposed section 280.20 of the Penal Law. Subdivision
10 provides a definition of "restrain" and was substantially based on
subdivision 1 of section 135.00 of the Penal Law. Subdivision 11
provides a definition of "abduct" and was substantially based on
subdivision 2 of the section 135.00 of the Penal Law.

Section 280.05 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 280.05 and Section 280.10, for clarity and
comprehensibility. Subdivision 1 of section 280.05 is based on
subparagraph (e) of subdivision 2 of section 351 of the Agriculture


and Markets Law. Subdivision 2 of section 280.05 is loosely based on
subparagraph (b) of subdivision 4 of section 351 of the Agriculture
and Markets Law, but modifies the measure component for clarity of
what is required for commission of the offense. Section 280.10 is
introduced to replace the felony components of section 351 of the
Agriculture and Markets Law. It is a substantial reproduction of the
statute, with few structural changes. Subdivision 3 of section 280.10
amends its predecessor statute with the inclusion of the word
"transfers" which was a broad oversight in previous drafting.
Subdivision 5 of section 280.10 is amended to remove a troublesome
element involving the proof of training of the by-standing animal such
animal possibly being a "bait animal" which was not trained to fight.

It is notable that, pursuant to section 160.10 of the Criminal
Procedure Law, the transplant of the misdemeanor portion of animal
fighting to the Penal Law causes this offense to now be a printable
offense for law enforcement (the same can be said for all transplanted
agriculture and markets law misdemeanors). As it currently stands, a
violation of subparagraph (b) of subdivision 3 of section 351
(misdemeanor animal fighting) is not a printable offense for purposes
of Article 160 of the Criminal Procedure Law, which is another major
oversight in the existing legislative drafting. Finally, as crimes in
the Penal Law must be classified pursuant to Title E, Article 55, the
misdemeanor component of animal fighting, now housed in section
280.05, is designated as a class A misdemeanor and the felony
component of animal fighting, now housed in section 280.10, is
designated as a class D felony. The special fine schedules, which were
previously enacted for animal fighting, are retained by enacting an
authorized dispositions section, contained in section 60.22 of the
Penal Law.

Section 280.20 is introduced to replace various components of sections
353, 355, and 360 of the Agriculture and Markets Law. Subdivision 1
outlines the standard of care to be provided by an owner, possessor,
custodian, or caregiver of an animal. The vague 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. 311 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 modem concepts of "nutrition" and
"hydration." The former presence of "necessary" in section 353 of the
agriculture and markets law (i.e. "necessary sustenance"), is replaced
with the expanded provision of adequacy The adequacy of all four
elements - nutrition, hydration, veterinary care, and shelter - is
required.

Subdivision 2 is based upon section 355 of the Agriculture and Markets
Law, except that duplicative language is dropped after the first
clause regarding abandonment. "Abandons" is defined in the revised
subdivision (9) of section 280.00.

Subdivision 3 outlines the standard of care to be applied to animals
in general, regardless of personal connection, and pulls heavily on
the enhanced definition of "cruelty" as it appears in subdivision 2 of


the proposed section 280.00. It is a successor-clause to the existing
final clause of section 353 of the agriculture and markets law. The
term "willfully," however, was relaxed to "knowingly," which more
clearly comports with the expansion of the term "cruelty," both as
currently defined and under the proposed definition.

Subdivision 4 is based on section 360 of the Agriculture and Markets
Law, with structural changes for clarity and a mental intent to injure
added.

Section 280.25 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 280.25 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 (a 80 called "E Minus" felony). The section is
re-titled to match its counterpart, section 280.20. The definition of
the term "aggravated cruelty," as it appears in section 280.25,
appears in section 280.00, and it amended to split acts of torture
from acts of cruelty. The practical effect is negligible as both
definitions remain under the force of the statute.

Subdivisions 1 and 2 are based upon language in subdivision 1 of
section 353-a of the Agriculture and Markets Law, however, they are
worded more akin to assault and homicide statutes elsewhere in the
Penal law. Subdivision 3 of section 280.25 proposes a sanction for
acts of "aggravated cruelty" and "torture" committed against any
animal and not just "companion animals" which is long overdue and
based upon the sentiment that this law should be meant to focus on the
extremely disturbing conduct of an individual and not the human
emotion or affection towards the affected animal. Whether the
individual sadistically tortured a wild turtle or a pet turtle, the
criminal sanction on that type of behavior should be the same.
Subdivision 4 is based upon provisions found in the existing section
360 of the Agriculture and Markets Law. Subdivision 5 is an additional
sanction for repeat offenders of section 2130.20, modeled after
statutory language which appears elsewhere in the Penal Law.

Section 280.30 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. The term "domestic," which had no definition, was
removed as its inclusion had de minimis practicality or legal
significance.

Section 280.35 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 mans rea, and is not often used. Section 280.35
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 play a crucial role in any plea bargaining of animal offenses
and serve as a lesser-included offense of the various provisions of
Article 280. Subdivision 1 acts as a "catch-all" provision that


bridges the gap between non-culpability and conduct which violates
section 280.20. 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, discussed above.

Sections 280.40, 280.45, and 280.50 are introduced to allow
prosecution in the event of unlawful restraint or 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 280.00. Section 280.40 is based upon language found
in section 135.05 of the Penal Law. Section 280.45 is based upon
language found in section 135.20 of the Penal Law. Section 280.50 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 280.50 would potentially make the same conduct
punishable as a class D felony.

Section 280.55 contains a presumption applicable to prosecutions of
sections 280.40,280.45, and 280.50.

Sections 280.60 and 280.65 are verbatim reproductions of the current
sections 353-b and 353-d of the Agriculture and Markets Law,respec-
tively.

Section 280.70 is a verbatim reproduction of the current section 367
of the Agriculture and Markets Law.

Section 280.75 is a cross-referencing tool to the evidentiary,
disposition, and care provisions which appear in various sections of
the Agriculture and Markets Law.

Section 280.80 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.

Section ten of this bill contains a proposed section 60.22 of the
Penal Law, which is the vehicle by which the special fine sentencing
provisions enacted for animal fighting, under the current section 351
of the Agriculture and Markets Law, survive the transfer to the Penal
Law.

Section eleven modifies paragraph (c) of subdivision 1 of section
70.02 of the Penal Law to incorporate select provisions of the


proposed "animal cruelty in the first degree," in violation of
proposed section 280.25, into the list of violent felony offenses.
The excluded provisions are the aggregation offense for twice
violating animal cruelty in the second degree (subdivision 5) and the
aggravating-factor poisoning offense (subdivision 4).

Section twelve of this 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 280.25
of the Penal Law.

Section thirteen of this bill 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 280.20 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).

Section fourteen of this 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.

Section fifteen of this bill modifies subdivision 2 of section 265.01
of the Penal Law in two ways. Firstly, it converts it to gender
neutrality. Secondly, it adds animals as a protected class against
unlawful weapon use. This will be particularly helpful for law
enforcement where there is clear evidence of a beating with an
instrument but, due to unfamiliarity with field examinations of
animals for injury, a charge can be made upon implementation alone.

JUSTIFICATION:

This bill markedly improves the accessibility and comprehensibility of
animal crime statutes, thereby promoting enforcement of this category
of crime. The bill endeavors to take patrol-scenario crimes, faced by
municipal law enforcement, and structure them alongside the bulk of
criminal law. By placing animal crime shoulder-to-shoulder with other
categories of crime in the Penal Law, there will be a streamlining of
criminal procedure, training, legal terminology, arid judicial
philosophy.

As the law currently stands, commercial, industrial, and
patrol-scenario offenses are housed together in a body of law that has
proven to be inaccessible by police. Not only is a patrol officer
unlikely to have a copy of the Agriculture and Markets Law in their
radio car, but the precinct desk officer is also unlikely to have a
copy at headquarters. Furthermore, police academies primarily focus
training on Penal Law and Vehicle and Traffic Law provisions, without
any education or training whatsoever on Agriculture and Markets Law
provisions.


While there may be crimes housed outside the Penal Law - for example,
tax crimes there is seldom, if ever, a patrol dispatch requiring
urgent response and action on a violation of the tax law. Animal
crimes occur in the field and often require emergency response.

An ancillary benefit to that main objective will be a harmonizing of
this crime with others as far as the applicability of the criminal
procedure law. Matters such as search warrants, fingerprinting,
collection of DNA, recordkeeping, court surcharges, and other
procedural aspects of law enforcement become applicable.

Beyond the mere transplant, however, this bill modernizes statutory
language and structure to more aptly match its sister crimes. Within
the bill text, there is heavy borrowing from terminology and format
from other areas of Penal Law. This was done not only for clarity,
familiarity, and comprehensibility, but also so that case
interpretations of terminology and structure become immediately
applicable.

Offenses have been re-titled for clarity and order of precedence.
Offenses have been restructured into manageable subdivisions.
Offenses have been given appropriate and clear mental states. If there
were a prevailing case law interpretation of a term, the term was
codified into the statute itself in order to obviate time-wasting
motion practice over the issue.

In short, the average police officer will now be able to find the law,
read the law, understand the law, and apply the law all while standing
at a crime scene in the middle of the night. Prosecutors and defense
attorneys will spend markedly less time in needless motion practice
over the definition of obsolete terms or general applicability of
passages. Judges will be better equipped to dispense justice an
accused individuals. Finally, the average member of the public will be
better apprised of the standards that apply to the treatment of
animals.

LEGISLATIVE HISTORY:

2012: Codes Committee (S.6730A/A. 9917A)

FISCAL IMPLICATIONS:

Penal Law surcharges become applicable to animal crimes offenses,
potentially enhancing state revenue.

EFFECTIVE DATE:

This act will take effect on the one hundred eightieth day next
succeeding the date on which it shall become a law.

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

                                  6643

                            I N  S E N A T E

                            February 21, 2014
                               ___________

Introduced  by  Sen.  LANZA  -- 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,  360,  361,  362  and subdivision 8 of section 374 of the
  agriculture 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, as added
by chapter 1047 of the laws of 1965, subdivision 3 as added  by  chapter
619  of  the  laws of 1987, subdivision 4 as added by chapter 569 of the
laws of 1995, subdivision 5 as amended by chapter 118  of  the  laws  of
1999, is amended to read as follows:
  S 350. Definitions.  1. "Animal[,]", as used in this article, includes
every living creature except a human being;
  2. ["Torture" or "cruelty"] "CRUELTY" includes every act, omission, or
neglect, whereby unjustifiable physical  pain,  suffering  or  death  is
caused  or  permitted AND SHALL SPECIFICALLY INCLUDE, BUT NOT BE LIMITED
TO, ANY ACT OF OVERDRIVING, OVERLOADING, INJURING,  MAIMING,  MUTILATING
OR KILLING AN ANIMAL.
  3.  "TORTURE" MEANS CONDUCT THAT IS INTENDED TO CAUSE EXTREME PHYSICAL
PAIN.
  4. "Adoption" means the delivery [to any natural person eighteen years
of age or older, for the limited purpose of harboring a pet, of any  dog
or  cat,  seized  or  surrendered]  OF  ANY  ANIMAL FORFEITED, SEIZED OR
SURRENDERED, TO ANY NATURAL PERSON EIGHTEEN YEARS OF AGE OR  OLDER,  FOR
THE PURPOSE OF THAT PERSON PERMANENTLY HARBORING SUCH ANIMAL AS A PET.
  [4]5.    "Farm  animal",  as used in this article, 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, AS REFERENCED IN THIS ARTICLE, shall not
include dogs or cats.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01445-12-4

S. 6643                             2

  [5]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] "COMPANION  animal"  OR  "PET"  shall  not
include a "farm animal" as defined in this section.
  7.  "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.
  8. "DULY  INCORPORATED  SOCIETY  FOR  THE  PREVENTION  OF  CRUELTY  TO
ANIMALS,"  AS USED IN THIS ARTICLE, SHALL MEAN A CORPORATION CONSTITUTED
PURSUANT TO THE PROVISIONS OF SUBDIVISION (G) OF  SECTION  FOUR  HUNDRED
FOUR  AND  SECTION  FOURTEEN  HUNDRED THREE OF THE NOT-FOR-PROFIT CORPO-
RATION LAW.
  S 2. Sections 351, 353, 353-a, 353-b, 353-d, 355, 360, 361 and 362  of
the agriculture and markets law are REPEALED.
  S  3.    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  4.  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 5. 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

S. 6643                             3

upon any animal in his OR HER presence. Any of said societies may prefer
a complaint before any court, tribunal or  magistrate  having  jurisdic-
tion,  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 6. Subdivision 6 of section 373 of the agriculture and markets  law,
as  amended by chapter 256 of the laws of 1997, paragraph a and subpara-
graph 1 of paragraph b as amended by chapter 531 of the  laws  of  2013,
subparagraph  2  of  paragraph  b  as amended by section 24 of part T of
chapter 59 of the laws of 2010, is amended to read as follows:
  6. a. If any animal is seized  [and]  OR  impounded  pursuant  to  the
provisions of this section[, section three hundred fifty-three-d of this
article]  or  section  three  hundred  seventy-five  of this article, OR
PURSUANT TO THE PROVISIONS OF ARTICLE SIX HUNDRED NINETY OF THE CRIMINAL
PROCEDURE LAW, for any violation of this article, ANY VIOLATION OF ARTI-
CLE TWO HUNDRED EIGHTY OF THE PENAL  LAW,  OR  IN  CONNECTION  WITH  THE
ARREST  ON AN ANIMAL CRUELTY OFFENSE, THEN, upon arraignment of charges,
or within a reasonable time thereafter, [the] A duly incorporated socie-
ty for the prevention of cruelty  to  animals,  humane  society,  pound,
animal shelter, SHERIFF, MUNICIPAL POLICE DEPARTMENT, OR DISTRICT ATTOR-
NEY,  or  any authorized agents thereof, hereinafter referred to for the
purposes of this section as the "impounding organization",  may  file  a
petition  with  the court requesting that the person from whom an animal
is seized or the owner of the animal be ordered to post a security.  The
district  attorney  prosecuting  the  charges  may  file  and obtain the
requested relief on behalf of the impounding organization  if  requested
to  do  so  by  the impounding organization. The security shall be in an
amount sufficient to secure payment for all reasonable expenses expected
to be incurred by the impounding organization in  caring  and  providing
for  the  animal pending disposition of the charges. Reasonable expenses
shall include, but not be limited to, estimated medical care and  board-
ing  of the animal for at least thirty days. The amount of the security,
if any, shall be determined by the court after taking into consideration
all of the facts and circumstances of the case including, but not limit-
ed to the recommendation of the impounding organization  having  custody
and  care of the seized animal and the cost of caring for the animal. If
a security has been posted in accordance with this section, the impound-
ing organization may draw from the security the actual reasonable  costs
to be incurred by such organization in caring for the seized animal.
  b.  (1)  Upon  receipt  of  a petition pursuant to paragraph a of this
subdivision the court  shall  set  a  hearing  on  the  petition  to  be
conducted  within  ten business days of the filing of such petition. The
petitioner shall serve a true copy of the petition  upon  the  defendant
and  the  district  attorney  if the district attorney has not filed the
petition on behalf of the petitioner. The petitioner shall also serve  a
true copy of the petition on any interested person. For purposes of this
subdivision,  interested  person  shall mean an individual, partnership,
firm, joint stock company, corporation, association,  trust,  estate  or
other  legal entity who the court determines may have a pecuniary inter-
est in the animal which is the subject of the petition.  The  petitioner
or  the district attorney acting on behalf of the petitioner, shall have
the burden of proving by a preponderance of the evidence that the person
from whom the animal was seized violated a provision  of  this  article.
The court may waive for good cause shown the posting of security.
  (2)  If the court orders the posting of a security, the security shall
be posted with the clerk of the court within five business days  of  the

S. 6643                             4

hearing  provided  for  in subparagraph one of this paragraph. The court
may order the immediate forfeiture of the seized animal to the  impound-
ing  organization if the person ordered to post the security fails to do
so. Any animal forfeited shall be made available for adoption or euthan-
ized  subject to subdivision seven-a of section one hundred seventeen of
this chapter or section three hundred seventy-four of this article.
  (3) In the case of an animal other than a companion animal or pet,  if
a  person  ordered  to  post  security fails to do so, the court may, in
addition to the forfeiture to  [a  duly  incorporated  society  for  the
prevention  of cruelty to animals, humane society, pound, animal shelter
or any authorized  agents  thereof]  THE  IMPOUNDING  ORGANIZATION,  and
subject  to the restrictions of sections three hundred fifty-four, three
hundred fifty-seven and three  hundred  seventy-four  of  this  article,
order  the  animal which was the basis of the order to be sold, provided
that all interested persons shall first be provided the  opportunity  to
redeem  their interest in the animal and to purchase the interest of the
person ordered to post security, subject to such conditions as the court
deems appropriate to assure proper care and treatment of the animal. The
court may reimburse the person ordered to post security and  any  inter-
ested  persons any money earned by the sale of the animal less any costs
including, but not limited to, veterinary and custodial care. Any animal
determined by the court to be maimed, diseased, disabled or infirm so as
to be unfit for sale or any useful purpose shall be forfeited to [a duly
incorporated society for the prevention of cruelty to animals or a  duly
incorporated  humane  society] THE IMPOUNDING ORGANIZATION or authorized
agents thereof, and be available for adoption  or  shall  be  euthanized
subject to section three hundred seventy-four of this article.
  (4) 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
animal described in this section. This section expressly does not impair
or subordinate the rights of such a secured  lender  having  a  security
interest in the animal or in the proceeds from the sale of such animal.
  c.  In no event shall the security prevent the impounding organization
having custody and care of the  animal  from  disposing  of  the  animal
pursuant  to section three hundred seventy-four of this article prior to
the expiration of the thirty day period covered by the security  if  the
court  makes a determination of the charges against the person from whom
the animal was seized prior thereto. Upon receipt of a petition from the
impounding organization, the court may order the person  from  whom  the
animal was seized or the owner of the animal to post an additional secu-
rity  with  the  clerk  of  the  court  to  secure payment of reasonable
expenses for an additional period of time pending a determination by the
court of the charges against the person from whom the animal was seized.
The person who posted the security shall be entitled to a refund of  the
security in whole or part for any expenses not incurred by such impound-
ing organization upon adjudication of the charges. The person who posted
the security shall be entitled to a full refund of the security, includ-
ing  reimbursement  by the impounding organization of any amount allowed
by the court to be expended, and the return of  the  animal  seized  and
impounded  upon  acquittal or dismissal of the charges, except where the
dismissal is based upon an adjournment  in  contemplation  of  dismissal
pursuant  to  section  215.30  of  the criminal procedure law. The court
order directing such refund and reimbursement shall provide for  payment
to  be  made within a reasonable time from the acquittal or dismissal of
charges.

S. 6643                             5

  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 380. SPECIAL SENTENCING PROVISIONS.  IN ADDITION TO ANY OTHER PENAL-
TY PROVIDED BY LAW, UPON CONVICTION FOR ANY ANIMAL CRUELTY OFFENSE,  THE
FOLLOWING SENTENCES MAY BE IMPOSED BY THE COURT:
  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
AN ANIMAL SHELTER, POUND, SHERIFF, MUNICIPAL POLICE DEPARTMENT, DISTRICT
ATTORNEY,  DULY  INCORPORATED  SOCIETY  FOR THE PREVENTION OF CRUELTY TO
ANIMALS, OR DULY INCORPORATED HUMANE SOCIETY, OR AUTHORIZED AGENTS THER-
EOF, 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 RELINQUISHED 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  AN  ANIMAL  SHELTER,  POUND,  SHERIFF,  MUNICIPAL  POLICE
DEPARTMENT,   DISTRICT  ATTORNEY,  DULY  INCORPORATED  SOCIETY  FOR  THE
PREVENTION OF CRUELTY TO ANIMALS, OR 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 CHARGED WITH AN ANIMAL CRUELTY
OFFENSE FOR CONSPIRING, AIDING, OR ABETTING IN THE  UNLAWFUL  ACT  WHICH
WAS  THE  BASIS OF THE CONVICTION, OR OTHERWISE ACTING AS AN ACCOMPLICE,
IF SUCH CHARGE HAS NOT YET BEEN ADJUDICATED. 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 AN ANIMAL SHELTER, POUND, SHERIFF,
MUNICIPAL POLICE DEPARTMENT, DISTRICT ATTORNEY, DULY INCORPORATED SOCIE-
TY FOR THE PREVENTION OF CRUELTY TO ANIMALS, OR DULY INCORPORATED HUMANE
SOCIETY, OR AUTHORIZED AGENTS  THEREOF,  AND  DISPOSED  OF  PURSUANT  TO
SUBDIVISION FIVE OF THIS SECTION.
  3.  THE  COURT  MAY  ORDER  THAT  THE  CONVICTED PERSON 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  SPECIF-
ICALLY 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
A  POUND  OR  SHELTER,  OR  ITS  AUTHORIZED AGENTS, SHALL BE USED, 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

S. 6643                             6

TO ANIMALS OR DULY  INCORPORATED  HUMANE  SOCIETY  FOR  THE  PURPOSE  OF
RESEARCH, EXPERIMENTATION OR TESTING.
  5.  AN  ANIMAL  SHELTER,  POUND, SHERIFF, MUNICIPAL POLICE DEPARTMENT,
DISTRICT ATTORNEY, OR DULY INCORPORATED SOCIETY FOR  THE  PREVENTION  OF
CRUELTY  TO  ANIMALS  OR A DULY INCORPORATED HUMANE SOCIETY IN CHARGE OF
ANIMALS FORFEITED PURSUANT TO SUBDIVISIONS ONE OR TWO  IF  THIS  SECTION
MAY,  IN  ITS  DISCRETION, LAWFULLY AND WITHOUT LIABILITY, ADOPT THEM TO
INDIVIDUALS OTHER THAN THE CONVICTED PERSON OR PERSON  CHARGED  WITH  AN
ANIMAL  CRUELTY OFFENSE FOR CONSPIRING, AIDING OR ABETTING IN THE UNLAW-
FUL ACT WHICH WAS THE BASIS OF THE CONVICTION, OR OTHERWISE ACTING AS AN
ACCOMPLICE, IF SUCH CHARGE HAS NOT YET  BEEN  ADJUDICATED,  OR  HUMANELY
DISPOSE  OF  THEM  SUBJECT TO SECTION THREE HUNDRED SEVENTY-FOUR OF THIS
ARTICLE.
  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.
        280.30 UNLAWFUL  DEALING WITH 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.

S. 6643                             7

        280.50 ANIMAL ABDUCTION IN THE FIRST DEGREE.
        280.55 UNAUTHORIZED POSSESSION OF ANIMAL PRESUMPTIVE EVIDENCE OF
                 RESTRAINT AND ABDUCTION.
        280.60 FAILURE  TO  PROVIDE  APPROPRIATE  SHELTER  FOR DOGS LEFT
                 OUTDOORS.
        280.65 CONFINEMENT OF COMPANION ANIMALS IN VEHICLES  IN  EXTREME
                 TEMPERATURES.
        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,"  AS USED IN THIS ARTICLE, INCLUDES EVERY LIVING CREATURE
EXCEPT A HUMAN BEING.
  2. "CRUELTY" INCLUDES EVERY ACT, OMISSION, OR NEGLECT,  WHEREBY  PHYS-
ICAL  PAIN, SUFFERING OR DEATH IS CAUSED OR PERMITTED, AND SHALL SPECIF-
ICALLY INCLUDE ANY ACT OF OVERDRIVING, OVERLOADING,  INJURING,  MAIMING,
MUTILATING, OR KILLING OF AN ANIMAL.
  3.  "AGGRAVATED  CRUELTY" SHALL MEAN AN ACT OF CRUELTY THAT IS DONE OR
CARRIED OUT IN AN ESPECIALLY DEPRAVED OR SADISTIC MANNER.
  4. "TORTURE" MEANS CONDUCT THAT IS INTENDED TO CAUSE EXTREME  PHYSICAL
PAIN.
  5.  "ADOPTION"  MEANS THE DELIVERY OF ANY ANIMAL, FORFEITED, SEIZED OR
SURRENDERED, TO ANY NATURAL PERSON EIGHTEEN YEARS OF AGE OR  OLDER,  FOR
THE PURPOSE OF THAT PERSON PERMANENTLY HARBORING SUCH ANIMAL AS A PET.
  6.  "FARM  ANIMAL," AS USED IN THIS ARTICLE, MEANS ANY UNGULATE, POUL-
TRY, SPECIES OF CATTLE, SHEEP, SWINE, GOATS, LLAMAS, HORSES OR FUR-BEAR-
ING ANIMALS, AS DEFINED IN SECTION 11-1907 OF THE ENVIRONMENTAL  CONSER-
VATION  LAW,  WHICH  ARE  RAISED FOR COMMERCIAL OR SUBSISTENCE PURPOSES.
FUR-BEARING ANIMAL, AS REFERENCED IN THIS SUBDIVISION, SHALL NOT INCLUDE
DOGS OR CATS.
  7. "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. "COMPANION ANIMAL" OR "PET" SHALL NOT INCLUDE A "FARM ANIMAL" AS
DEFINED IN THIS SECTION.
  8.  "ANIMAL FIGHTING" MEANS 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, WHICH SERVES NO LEGITIMATE PURPOSE.
  9.  "ABANDONS,"  AS  USED IN THIS ARTICLE, 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.
  10. "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.
  11.  "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. 6643                             8

  12. "ANIMAL FIGHTING PARAPHERNALIA" SHALL MEAN EQUIPMENT, PRODUCTS, OR
MATERIALS  OF  ANY KIND THAT ARE USED, INTENDED FOR USE, OR DESIGNED FOR
USE IN THE TRAINING, PREPARATION, CONDITIONING OR FURTHERANCE OF  ANIMAL
FIGHTING.  ANIMAL  FIGHTING PARAPHERNALIA INCLUDES (I) A BREAKING STICK,
WHICH  MEANS  A DEVICE DESIGNED FOR INSERTION BEHIND THE MOLARS OF A DOG
FOR THE PURPOSE OF BREAKING THE DOG'S GRIP ON ANOTHER ANIMAL OR  OBJECT;
(II)  A  CAT  MILL,  WHICH  MEANS A DEVICE THAT ROTATES AROUND A CENTRAL
SUPPORT WITH ONE ARM DESIGNED TO SECURE A DOG AND ONE  ARM  DESIGNED  TO
SECURE A CAT, RABBIT, OR OTHER SMALL ANIMAL BEYOND THE GRASP OF THE DOG;
(III)  A  TREADMILL,  WHICH  MEANS  AN  EXERCISE DEVICE CONSISTING OF AN
ENDLESS BELT ON WHICH THE ANIMAL WALKS OR RUNS WITHOUT CHANGING  PLACES;
(IV)  A SPRINGPOLE, WHICH MEANS A BITING SURFACE ATTACHED TO A STRETCHA-
BLE DEVICE, SUSPENDED AT A HEIGHT  SUFFICIENT  TO  PREVENT  A  DOG  FROM
REACHING  THE  BITING  SURFACE WHILE TOUCHING THE GROUND; (V) A FIGHTING
PIT, WHICH MEANS A WALLED AREA, OR OTHERWISE DEFINED AREA,  DESIGNED  TO
CONTAIN  AN ANIMAL FIGHT; (VI) ANY OTHER INSTRUMENT COMMONLY USED IN THE
FURTHERANCE OF PITTING AN ANIMAL AGAINST ANOTHER ANIMAL.
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 EVINC-
ING 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.
  3.  OWNS,  POSSESSES, SELLS, TRANSFERS OR MANUFACTURES ANIMAL FIGHTING
PARAPHERNALIA UNDER  ANY  CIRCUMSTANCE  EVINCING  AN  INTENT  THAT  SUCH
PARAPHERNALIA  BE  USED  TO ENGAGE IN OR OTHERWISE PROMOTE OR FACILITATE
ANIMAL FIGHTING.
  PROMOTING ANIMAL FIGHTING IN THE SECOND DEGREE IS A CLASS A  MISDEMEA-
NOR.
S 280.10 PROMOTING ANIMAL FIGHTING IN THE FIRST DEGREE.
  A  PERSON  IS  GUILTY OF 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,  TRANSFERS,  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 SUBDIVISIONS ONE, TWO OR THREE OF THIS
SECTION TO OCCUR ON PREMISES UNDER HIS OR HER CONTROL; OR
  5.  OWNS, POSSESSES, HARBORS, OR KEEPS ANY ANIMAL 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 CLASS D FELONY.
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, HE OR SHE DEPRIVES SUCH ANIMAL OF,  OR  NEGLECTS  TO  FURNISH
SUCH  ANIMAL  WITH,  NUTRITION,  HYDRATION,  VETERINARY CARE, OR SHELTER
ADEQUATE TO  MAINTAIN  THE  ANIMAL'S  HEALTH  AND  COMFORT,  OR  CAUSES,
PROCURES, OR PERMITS SUCH ANIMAL TO BE DEPRIVED OF NUTRITION, HYDRATION,
VETERINARY CARE, OR SHELTER ADEQUATE TO MAINTAIN THE ANIMAL'S HEALTH AND
COMFORT,  AND  HE  OR SHE KNOWS OR REASONABLY SHOULD KNOW THAT THAT SUCH

S. 6643                             9

ANIMAL IS NOT RECEIVING ADEQUATE NUTRITION, HYDRATION, VETERINARY  CARE,
OR SHELTER; OR
  2.  HAVING  OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR CUSTODY OF
AN ANIMAL, HE OR SHE ABANDONS SUCH ANIMAL; OR
  3. HAVING NO JUSTIFIABLE PURPOSE,  HE  OR  SHE  KNOWINGLY  INSTIGATES,
ENGAGES  IN,  OR  IN  ANY  WAY FURTHERS CRUELTY TO AN ANIMAL, OR ANY ACT
TENDING TO PRODUCE SUCH CRUELTY; OR
  4. HAVING NO JUSTIFIABLE PURPOSE, HE OR SHE ADMINISTERS OR EXPOSES ANY
POISONOUS OR NOXIOUS DRUG OR SUBSTANCE TO AN ANIMAL,  WITH  INTENT  THAT
THE ANIMAL TAKE THE SAME AND WITH INTENT TO INJURE THE ANIMAL.
  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.  NOTHING  HEREIN  CONTAINED   SHALL   BE
CONSTRUED TO PROHIBIT OR INTERFERE WITH ANY PROPERLY CONDUCTED SCIENTIF-
IC  TESTS,  EXPERIMENTS,  OR  INVESTIGATIONS INVOLVING THE USE OF LIVING
ANIMALS, PERFORMED OR CONDUCTED IN LABORATORIES OR  INSTITUTIONS,  WHICH
ARE APPROVED FOR THESE PURPOSES BY THE STATE COMMISSIONER OF HEALTH. THE
STATE  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  SUCH  LABORATORY  OR
INSTITUTION. THE STATE COMMISSIONER OF HEALTH OR HIS OR HER DULY AUTHOR-
IZED 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 ON 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:
  1. HAVING NO JUSTIFIABLE PURPOSE AND WITH INTENT TO CAUSE THE DEATH OF
A COMPANION ANIMAL, HE OR SHE CAUSES THE DEATH OF SUCH ANIMAL; OR
  2.  HAVING  NO  JUSTIFIABLE  PURPOSE  AND WITH INTENT TO CAUSE SERIOUS
PHYSICAL INJURY TO A COMPANION ANIMAL, HE OR SHE CAUSES SUCH  INJURY  TO
SUCH ANIMAL; OR
  3.  HAVING NO JUSTIFIABLE PURPOSE, HE OR SHE INTENTIONALLY TORTURES AN
ANIMAL OR KNOWINGLY INSTIGATES, ENGAGES IN,  OR  IN  ANY  WAYS  FURTHERS
AGGRAVATED  CRUELTY  TO  AN  ANIMAL,  OR ANY ACT TENDING TO PRODUCE SUCH
AGGRAVATED CRUELTY; OR
  4. COMMITS THE CRIME  OF  ANIMAL  CRUELTY  IN  THE  SECOND  DEGREE  IN
VIOLATION OF SUBDIVISION FOUR OF SECTION 280.20 OF THIS ARTICLE AND SUCH
ANIMAL IS A HORSE, MULE, OR DOMESTIC CATTLE; OR
  5.  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, THE DISPATCH OF ANIMALS
POSING A THREAT TO HUMAN SAFETY OR OTHER ANIMALS, WHERE SUCH  ACTION  IS

S. 6643                            10

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 280.30 UNLAWFUL DEALING WITH ANIMALS USED  FOR  RACING,  BREEDING,  OR
           COMPETITIVE EXHIBITION OF SKILL, BREED OR STAMINA.
  A  PERSON  IS GUILTY OF UNLAWFUL DEALING WITH ANIMALS USED FOR RACING,
BREEDING, OR COMPETITIVE EXHIBITION OF SKILL,  BREED,  OR  STAMINA  WHEN
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  AN
ANIMAL  USED FOR THE PURPOSES OF RACING, BREEDING OR COMPETITIVE EXHIBI-
TION OF SKILL, BREED, OR STAMINA; OR
  2. HAVING NO JUSTIFIABLE PURPOSE, HE OR SHE  TAMPERS  WITH  AN  ANIMAL
USED  FOR THE PURPOSES OF RACING, BREEDING, OR COMPETITIVE EXHIBITION OF
SKILL, BREED, OR STAMINA, OR OTHERWISE INTERFERES WITH  SUCH  AN  ANIMAL
DURING A RACE OR COMPETITIVE EXHIBITION OF SKILL, BREED, OR STAMINA.
  UNLAWFUL DEALING WITH 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

S. 6643                            11

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, THE LOCAL MUNICIPAL SHELTER OR POUND, OR THE  SUPER-
INTENDENT  OF  THE STATE POLICE AT ALBANY, NEW YORK, OF SUCH POSSESSION,
SHALL BE PRESUMPTIVE EVIDENCE OF RESTRAINT AND ABDUCTION.
S 280.60 FAILURE TO PROVIDE 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.
  (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 THE CLIMATE.
  (B)  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 SEPA-
RATE OFFENSE.
  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

S. 6643                            12

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.
  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.
  FAILURE  TO  PROVIDE  APPROPRIATE  SHELTER FOR DOGS LEFT OUTDOORS IS A
VIOLATION.
S 280.65 CONFINEMENT OF COMPANION ANIMALS IN VEHICLES IN 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. 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.
  6. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO AFFECT  ANY
OTHER   PROTECTIONS  AFFORDED  TO  COMPANION  ANIMALS  UNDER  ANY  OTHER
PROVISIONS OF THIS ARTICLE.
  CONFINEMENT OF COMPANION ANIMALS IN VEHICLES IN  EXTREME  TEMPERATURES
IS A VIOLATION.
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

S. 6643                            13

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  10.  The penal law is amended by adding a new section 60.22 to read
as follows:
S 60.22 AUTHORIZED DISPOSITIONS; PROMOTING ANIMAL FIGHTING.
  WHEN A PERSON IS CONVICTED OF AN OFFENSE DEFINED IN SECTION 280.05  OF
THIS  CHAPTER,  IN  ADDITION  TO THE OTHER PENALTIES AS PROVIDED IN THIS
CHAPTER, THE COURT MAY IMPOSE A FINE  WHICH  SHALL  NOT  EXCEED  FIFTEEN
THOUSAND  DOLLARS.  WHEN  A PERSON IS CONVICTED OF AN OFFENSE DEFINED IN
SECTION 280.10 OF THIS CHAPTER, THE COURT MAY IMPOSE A FINE WHICH  SHALL
NOT EXCEED TWENTY-FIVE THOUSAND DOLLARS.
  S  11.  Paragraph  (c)  of subdivision 1 of section 70.02 of the penal
law, as amended by chapter 1 of the laws of 2013, 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,  eight,
nine  or  ten 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
SUBDIVISION ONE, TWO OR THREE OF SECTION 280.25.
  S 12. 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  13. Section 195.11 of the penal law, as added by chapter 344 of the
laws of 1989, is amended to read as follows:

S. 6643                            14

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 14. Section 195.12 of the penal law, as added by chapter 344 of  the
laws of 1989, is amended to read as follows:
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  15. Section 265.01 of the penal law, as amended by chapter 1 of the
laws of 2013, is amended to read as follows:
S 265.01 Criminal possession of a weapon in the fourth degree.
  A person is guilty of criminal possession of a weapon  in  the  fourth
degree when:
  (1)  He  or she possesses any firearm, electronic dart gun, electronic
stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal
knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles,
metal knuckles, chuka stick, sand bag, sandclub, wrist-brace type sling-
shot or slungshot, shirken or "Kung Fu star"; or
  (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
  [(3); or]
  (4)  He  OR  SHE  possesses  a  rifle, shotgun, antique firearm, black
powder rifle, black powder shotgun, or any muzzle-loading  firearm,  and
has been convicted of a felony or serious offense; or
  (5)  He  OR  SHE possesses any dangerous or deadly weapon and is not a
citizen of the United States; or
  (6) He OR SHE is a person who  has  been  certified  not  suitable  to
possess a rifle or shotgun, as defined in subdivision sixteen of section
265.00,  and  refuses  to yield possession of such rifle or shotgun upon
the demand of a police officer. Whenever a person is certified not suit-
able to possess a rifle or shotgun, a member of the police department to
which such certification is made, or of the state police,  shall  forth-
with  seize  any  rifle  or shotgun possessed by such person. A rifle or
shotgun seized as herein provided shall not be destroyed, but  shall  be
delivered  to  the  headquarters  of  such  police  department, or state

S. 6643                            15

police, and there retained until  the  aforesaid  certificate  has  been
rescinded  by  the director or physician in charge, or other disposition
of such rifle or shotgun has been ordered or authorized by  a  court  of
competent jurisdiction.
  (7)  He  OR  SHE  knowingly possesses a bullet containing an explosive
substance designed to detonate upon impact.
  (8) He OR SHE possesses any armor piercing ammunition with  intent  to
use same unlawfully against another.
  Criminal  possession  of  a  weapon  in the fourth degree is a class A
misdemeanor.
  S 16. 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 17. This act shall take effect on  the  one  hundred  eightieth  day
after it shall have become a law.

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