Senate Bill S6218

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

                                  6218

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            October 14, 2009
                               ___________

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

AN ACT to amend the agriculture and markets law, in relation to  dissem-
  inating  information  to  persons  adopting  a dog or cat and imposing
  additional penalties for animal abuse and cruelty to animals;  and  to
  amend  the  social  services  law,  in relation to reporting of animal
  abuse

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

  Section  1. The agriculture and markets law is amended by adding a new
section 377-b to read as follows:
  S 377-B. DISSEMINATION OF INFORMATION TO PERSONS  ADOPTING  A  DOG  OR
CAT.  1. THE COMMISSIONER IS AUTHORIZED AND DIRECTED TO PROMULGATE RULES
AND  REGULATIONS  REQUIRING  EVERY  POUND,  SHELTER,  SOCIETY  FOR   THE
PREVENTION  OF  CRUELTY  TO ANIMALS, DULY INCORPORATED HUMANE SOCIETY OR
DULY INCORPORATED ANIMAL PROTECTION ASSOCIATION, OR ANY  AGENT  THEREOF,
TO  PROVIDE  A PERSON ADOPTING A DOG OR CAT WITH A PACKET OF INFORMATION
INCLUDING, BUT NOT LIMITED TO, INFORMATION ON CARE AND TREATMENT OF SUCH
ANIMALS, TRAINING, GROOMING, NURTURING AND  INTERACTING  WITH  DOGS  AND
CATS.  SUCH  INFORMATION  MAY  BE  IN  THE FORM OF A PAMPHLET, BROCHURE,
COMPACT DISC OR ANY OTHER FORMAT  THAT  THE  COMMISSIONER  DEEMS  TO  BE
APPROPRIATE.
  2.  NO  POUND,  SHELTER,  SOCIETY  FOR  THE  PREVENTION  OF CRUELTY TO
ANIMALS, DULY INCORPORATED HUMANE SOCIETY, OR DULY  INCORPORATED  ANIMAL
PROTECTION  ASSOCIATION,  OR ANY AGENT THEREOF, SHALL RELEASE ANY DOG OR
CAT FOR ADOPTION TO ANY PERSON UNLESS SUCH PERSON HAS BEEN PROVIDED WITH
THE PACKET OF INFORMATION AUTHORIZED PURSUANT TO SUBDIVISION ONE OF THIS
SECTION. EVERY POUND, SHELTER, SOCIETY FOR THE PREVENTION OF CRUELTY  TO
ANIMALS,  DULY  INCORPORATED HUMANE SOCIETY, OR DULY INCORPORATED ANIMAL
PROTECTION ASSOCIATION, OR ANY AGENT THEREOF, SHALL FURTHER REQUIRE  THE
PERSON  ADOPTING  SUCH  DOG  OR  CAT UPON RECEIPT OF SUCH INFORMATION TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04651-01-9
              

S. 6218                             2

ACKNOWLEDGE SUCH RECEIPT BY PLACING HIS OR HER SIGNATURE ON AN  INFORMA-
TION  STATEMENT.  SUCH  INFORMATION  STATEMENT  SHALL BE IN WRITING ON A
SEPARATE SHEET AND SHALL LIST ALL INFORMATION RECEIVED BY SUCH PERSON ON
THE  DATE  OF ADOPTION. THE SIGNED INFORMATION STATEMENT SHALL REMAIN ON
FILE WITH ANY OTHER APPLICATION FORMS.
  3. NOTHING CONTAINED IN THIS SECTION SHALL  PREVENT  ANY  TOWN,  CITY,
VILLAGE  OR  COUNTY IN NEW YORK STATE FROM ENACTING A LOCAL LAW OR ORDI-
NANCE REQUIRING THAT EVERY POUND, SHELTER, SOCIETY FOR THE PREVENTION OF
CRUELTY TO ANIMALS, DULY INCORPORATED HUMANE SOCIETY  OR  DULY  INCORPO-
RATED  ANIMAL  PROTECTION ASSOCIATION WITHIN SUCH TOWN, CITY, VILLAGE OR
COUNTY FROM PROVIDING A PERSON ADOPTING A DOG OR CAT WITH  A  PACKET  OF
INFORMATION  CONTAINING  MORE THAN WHAT IS REQUIRED BY THE PROVISIONS OF
THIS SECTION.
  S 2. Section 353 of the agriculture and markets  law,  as  amended  by
chapter  458 of the laws of 1985 and the opening paragraph as amended by
chapter 523 of the laws of 2005, is amended to read as follows:
  S 353. Overdriving, torturing and injuring animals; failure to provide
proper sustenance. 1. A person who overdrives[,] OR overloads[, tortures
or cruelly beats or unjustifiably injures, maims,  mutilates  or  kills]
any animal, whether wild or tame, and whether belonging to himself or to
another,  or deprives any animal of necessary sustenance, food or drink,
or neglects or refuses to furnish it such sustenance or drink, or  caus-
es,  procures  or  permits  any  animal  to  be  overdriven, overloaded,
[tortured, cruelly beaten, or unjustifiably injured,  maimed,  mutilated
or killed,] or to be deprived of necessary food or drink, or who wilful-
ly sets on foot, instigates, engages in, or in any way furthers any SUCH
act  of  cruelty  to any animal, or any SUCH act tending to produce such
cruelty[,]: (A) IF FOUND TO DO SO WITH NEGLIGENCE  OR  RECKLESSNESS,  is
guilty  of  a  class  A misdemeanor and for purposes of paragraph (b) of
subdivision one of section 160.10 of the criminal procedure  law,  shall
be treated as a misdemeanor defined in the penal law; OR (B) IF FOUND TO
DO  SO  INTENTIONALLY,  IS  GUILTY OF A CLASS E FELONY AS DEFINED IN THE
PENAL LAW.
  2. THE COURT SHALL, IN ADDITION TO ANY OTHER PENALTY OTHERWISE IMPOSED
BY LAW FOR A VIOLATION OF THIS SECTION, REQUIRE A  PERSON  WHO  VIOLATES
ANY  OF  SUCH  PROVISIONS  TO  ENTER  INTO AND SUCCESSFULLY COMPLETE ANY
TREATMENT OR PROGRAM DEEMED HELPFUL IN MODIFYING  BEHAVIOR  PATTERNS  OR
TREATING  ANY MENTAL ILLNESS WHICH MAY CAUSE OR CONTRIBUTE TO SUCH ILLE-
GAL ACTIVITIES.
  3. Nothing [herein] contained IN THIS SECTION shall  be  construed  to
prohibit  or  interfere  with  any  properly conducted scientific 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 laborato-
ry or institution. The  [state]  commissioner  of  health  or  his  duly
authorized representative shall have the power to inspect such laborato-
ries 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 one year.
  4. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT OR
INTERFERE  IN ANY WAY WITH ANYONE LAWFULLY ENGAGED IN HUNTING, TRAPPING,

S. 6218                             3

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.
  S 3. Subdivision 3 of section 353-a of  the  agriculture  and  markets
law,  as added by chapter 118 of the laws of 1999, is amended to read as
follows:
  3. Aggravated cruelty to animals is a felony. A defendant convicted of
this offense shall be [sentenced pursuant to paragraph (b)  of  subdivi-
sion  one  of section 55.10 of the penal law provided, however, that any
term of imprisonment imposed for violation of this section  shall  be  a
definite  sentence, which may not exceed two years] CONVICTED OF A CLASS
E FELONY AS DEFINED IN THE PENAL LAW.
  S 4.  Section 413 of the social services law is amended  by  adding  a
new subdivision 1-a to read as follows:
  1-A.    ANY PERSON SUBJECT TO THE REPORTING REQUIREMENTS OF THIS TITLE
SHALL REPORT OR CAUSE A REPORT TO BE MADE IN ACCORDANCE WITH THIS  TITLE
WHEN,  AS A RESULT OF PERFORMING SUCH DUTIES, SUCH PERSON HAS REASONABLE
CAUSE TO SUSPECT THAT ABUSE OR MALTREATMENT OF AN ANIMAL HAS BEEN CAUSED
BY A PERSON ALSO SUSPECTED OF ABUSE OR MALTREATMENT OF A CHILD.
  S 5. The social services law is amended by adding a new section  415-a
to read as follows:
  S  415-A.  REPORTING PROCEDURE FOR SUSPECTED ANIMAL ABUSE OR MALTREAT-
MENT. 1.  REPORTS OF SUSPECTED ANIMAL ABUSE OR MALTREATMENT MADE  PURSU-
ANT TO THIS TITLE SHALL BE MADE IMMEDIATELY BY TELEPHONE OR BY TELEPHONE
FACSIMILE MACHINE. ORAL REPORTS SHALL BE FOLLOWED BY A REPORT IN WRITING
WITHIN  FORTY-EIGHT  HOURS  AFTER  SUCH  ORAL  REPORT.  ORAL AND WRITTEN
REPORTS SHALL BE MADE TO THE LOCAL SOCIETY FOR THE PREVENTION OF CRUELTY
TO ANIMALS OR THE LOCAL POLICE DEPARTMENT.
  2. SUCH WRITTEN REPORTS SHALL BE MADE IN A MANNER  PRESCRIBED  BY  THE
LOCAL SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS AND SHALL INCLUDE
THE  FOLLOWING  INFORMATION:  A  DESCRIPTION  OF THE ANIMAL; THE PRESENT
LOCATION OF THE ANIMAL; A DESCRIPTION OF THE INJURY, ABUSE OR  MALTREAT-
MENT  OF  THE ANIMAL, INCLUDING ANY EVIDENCE OF PRIOR INJURIES, ABUSE OR
MALTREATMENT OF SUCH ANIMAL OR OF OTHER ANIMALS; THE NAME AND ADDRESS OF
THE PERSON OR PERSONS ALLEGED TO BE RESPONSIBLE FOR CAUSING THE  INJURY,
ABUSE  OR  MALTREATMENT; THE SOURCE OF THE REPORT; THE NAME, ADDRESS AND
TELEPHONE NUMBER OF THE PERSON MAKING THE REPORT; AND ANY  ACTION  TAKEN
BY THE REPORTING SOURCE WITH REGARD TO THE INJURY, ABUSE OR MALTREATMENT
OF THE ANIMAL.
  3. WRITTEN REPORTS FROM PERSONS OR OFFICIALS REQUIRED BY THIS TITLE TO
REPORT  SHALL  BE ADMISSIBLE IN ANY PROCEEDINGS RELATING TO ANIMAL ABUSE
OR MALTREATMENT.
  S 6. Subdivision 1 of section 420 of the social services law, as added
by chapter 1039 of the laws of 1973, is amended to read as follows:
  1. Any person, official or  institution  required  by  this  title  to
report  a  case of suspected child abuse or maltreatment OR ANIMAL ABUSE
OR MALTREATMENT who willfully fails to do so shall be guilty of a  class
A misdemeanor.
  S  7.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that  effective  immediately,  the
addition,  amendment  and/or  repeal of any rule or regulation necessary
for the implementation of this act on its effective date are  authorized
and directed to be made and completed on or before such effective date.