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Assembly Bill A1761

2009-2010 Legislative Session

Relates to knowingly possessing or harboring a hostile dog

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Archive: Last Bill Status - In Assembly Committee

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2009-A1761 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง265.01, Pen L
Versions Introduced in 2011-2012 Legislative Session:
A2836

2009-A1761 (ACTIVE) - 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 a 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.

2009-A1761 (ACTIVE) - Bill Text download pdf 

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

                                  1761

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2009
                               ___________

Introduced  by M. of A. MORELLE, CARROZZA, PHEFFER, ORTIZ -- Multi-Spon-
  sored by -- M. of A.  COOK, CYMBROWITZ, GALEF, HIKIND,  HOOPER,  HOYT,
  MAYERSOHN,  McENENY, MILLMAN, SCHIMMINGER, WEISENBERG -- read once and
  referred 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.
                                                           LBD04123-01-9

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