NY State Senate Bill 2011-S992A

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to codes
Feb 01, 2011	print number 992a
Feb 01, 2011	amend and recommit to codes
Jan 05, 2011	referred to codes

Bill Amendments

Original

A (Active)

2011-S992 - Details

See Assembly Version of this Bill:: A1822
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §§165.75 - 165.77, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S6354, A9429
2013-2014: S2336, A1643
2015-2016: A634
2017-2018: A2101
2019-2020: A1733

2011-S992 - Summary

Creates first and second degree pet theft offenses.

2011-S992 - Sponsor Memo

                                BILL NUMBER:S992

TITLE OF BILL:

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

PURPOSE OR GENERAL IDEA OF BILL:

Creates first and second degree pet theft offenses.

SUMMARY OF SPECIFIC PROVISIONS:

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

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

A person is guilty of pet theft in the first degree when he/she

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

Section 2: Effective date.

JUSTIFICATION:

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

PRIOR LEGISLATIVE HISTORY:

2010 - S.6354 REFERRED TO CODES - A.9429 Referred to Codes

FISCAL IMPLICATIONS:

None to the state.

EFFECTIVE DATE:


Immediately.

2011-S992 - Bill Text download pdf

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

                                   992

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

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

AN ACT to amend the penal law, in  relation  to  theft  of  a  companion
  animal or pet

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

  Section 1. The penal law is  amended  by  adding  three  new  sections
165.75, 165.80 and 165.85 to read as follows:
S 165.75 DEFINITIONS.
  AS  USED  IN SECTIONS 165.80 AND 165.85 OF THIS ARTICLE, THE FOLLOWING
TERMS HAVE THE FOLLOWING DEFINITIONS:
  1. THE TERM "COMPANION ANIMAL" OR "PET" SHALL MEAN A DOG, CAT  OR  ANY
OTHER  DOMESTICATED  ANIMAL NORMALLY MAINTAINED IN OR NEAR THE HOUSEHOLD
OF THE OWNER OR PERSON WHO CARES FOR SUCH DOMESTICATED ANIMAL.  "PET" OR
"COMPANION ANIMAL" SHALL NOT INCLUDE  A  "FARM  ANIMAL"  AS  DEFINED  IN
SUBDIVISION  FOUR  OF SECTION THREE HUNDRED FIFTY OF THE AGRICULTURE AND
MARKETS LAW.
  2. THE TERM "AGGRAVATED CRUELTY" SHALL MEAN CONDUCT WHICH:
  A. IS INTENDED TO CAUSE EXTREME PHYSICAL PAIN; OR
  B. IS DONE OR CARRIED  OUT  IN  AN  ESPECIALLY  DEPRAVED  OR  SADISTIC
MANNER.
S 165.80 PET THEFT IN THE SECOND DEGREE.
  1. A PERSON IS GUILTY OF PET THEFT IN THE SECOND DEGREE WHEN HE OR SHE
STEALS A COMPANION ANIMAL OR PET.
  2. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT OR
INTERFERE  IN  ANY WAY WITH ANYONE LAWFULLY ENGAGED IN HUNTING, TRAPPING
OR FISHING, AS PROVIDED IN ARTICLE ELEVEN OF THE ENVIRONMENTAL CONSERVA-
TION LAW, THE DISPATCH OF RABID OR  DISEASED  ANIMALS,  AS  PROVIDED  IN
ARTICLE  TWENTY-ONE  OF  THE  PUBLIC HEALTH LAW, THE DISPATCH OF ANIMALS
POSING A THREAT TO HUMAN SAFETY OR OTHER ANIMALS, WHERE SUCH  ACTION  IS

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

                                                           LBD04988-01-1

S. 992                              2

OTHERWISE  LEGALLY  AUTHORIZED,  OR  ANY  PROPERLY  CONDUCTED SCIENTIFIC
TESTS,  EXPERIMENTS  OR  INVESTIGATIONS  INVOLVING  THE  USE  OF  LIVING
ANIMALS, PERFORMED OR CONDUCTED IN LABORATORIES OR INSTITUTIONS APPROVED
FOR  SUCH  PURPOSES  BY  THE  COMMISSIONER OF HEALTH PURSUANT TO SECTION
THREE HUNDRED FIFTY-THREE OF THE AGRICULTURE AND MARKETS LAW.
  PET THEFT IN THE SECOND DEGREE IS A CLASS E FELONY.
S 165.85 PET THEFT IN THE FIRST DEGREE.
  1. A PERSON IS GUILTY OF PET THEFT IN THE FIRST DEGREE WHEN HE OR  SHE
COMMITS PET THEFT IN THE SECOND DEGREE, AND WHEN:
  A. SUCH COMPANION ANIMAL IS SOLD FOR SCIENTIFIC RESEARCH PURPOSES; OR
  B.  WITH  NO  JUSTIFIABLE  PURPOSE,  HE  OR SHE INTENTIONALLY KILLS OR
INTENTIONALLY CAUSES SERIOUS PHYSICAL INJURY TO SUCH COMPANION ANIMAL OR
PET WITH AGGRAVATED CRUELTY.
  2. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT OR
INTERFERE IN ANY WAY WITH ANYONE LAWFULLY ENGAGED IN  HUNTING,  TRAPPING
OR FISHING, AS PROVIDED IN ARTICLE ELEVEN OF THE ENVIRONMENTAL CONSERVA-
TION  LAW,  THE  DISPATCH  OF  RABID OR DISEASED ANIMALS, AS PROVIDED IN
ARTICLE TWENTY-ONE OF THE PUBLIC HEALTH LAW,  THE  DISPATCH  OF  ANIMALS
POSING  A  THREAT TO HUMAN SAFETY OR OTHER ANIMALS, WHERE SUCH ACTION IS
OTHERWISE LEGALLY  AUTHORIZED,  OR  ANY  PROPERLY  CONDUCTED  SCIENTIFIC
TESTS,  EXPERIMENTS  OR  INVESTIGATIONS  INVOLVING  THE  USE  OF  LIVING
ANIMALS, PERFORMED OR CONDUCTED IN LABORATORIES OR INSTITUTIONS APPROVED
FOR SUCH PURPOSES BY THE COMMISSIONER  OF  HEALTH  PURSUANT  TO  SECTION
THREE HUNDRED FIFTY-THREE OF THE AGRICULTURE AND MARKETS LAW.
  PET THEFT IN THE FIRST DEGREE IS A CLASS D FELONY.
  S 2. This act shall take effect immediately.

2011-S992A (ACTIVE) - Details

See Assembly Version of this Bill:: A1822
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §§165.75 - 165.77, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S6354, A9429
2013-2014: S2336, A1643
2015-2016: A634
2017-2018: A2101
2019-2020: A1733

2011-S992A (ACTIVE) - Summary

Creates first and second degree pet theft offenses.

2011-S992A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S992A

TITLE OF BILL:

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

PURPOSE OR GENERAL IDEA OF BILL:

Creates first and second degree pet theft offenses.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: The penal law is amended by adding three new sections:
165.75, 165.76 and 165.77 to create the felony offenses of pet theft
in the first and second degree.

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

A person is guilty of pet theft in the first degree when he/she

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

Section 2: Effective date.

JUSTIFICATION:

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

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

PRIOR LEGISLATIVE HISTORY:

2010 - S.6354 REFERRED TO CODES - A.9429 Referred to Codes

FISCAL IMPLICATIONS:

None to the state.


EFFECTIVE DATE:

Immediately.

2011-S992A (ACTIVE) - Bill Text download pdf

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

                                 992--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the  penal  law, in relation to theft of a companion
  animal or pet

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

  Section  1.  The  penal  law  is  amended by adding three new sections
165.75, 165.76 and 165.77 to read as follows:
S 165.75 DEFINITIONS.
  AS USED IN SECTIONS 165.76 AND 165.77 OF THIS ARTICLE,  THE  FOLLOWING
TERMS HAVE THE FOLLOWING DEFINITIONS:
  1.  THE  TERM "COMPANION ANIMAL" OR "PET" IS DEFINED AS A DOG, CAT, OR
ANY OTHER DOMESTICATED ANIMAL NORMALLY MAINTAINED IN OR NEAR THE  HOUSE-
HOLD  OF  THE  OWNER  OR  PERSON WHO CARES FOR SUCH DOMESTICATED ANIMAL.
"PET" OR "COMPANION ANIMAL" SHALL NOT INCLUDE A "FARM ANIMAL" AS DEFINED
IN SUBDIVISION FOUR OF SECTION THREE HUNDRED FIFTY  OF  THE  AGRICULTURE
AND MARKETS LAW.
  2. THE TERM "AGGRAVATED CRUELTY" SHALL MEAN CONDUCT WHICH:
  A. IS INTENDED TO CAUSE EXTREME PHYSICAL PAIN; OR
  B.  IS  DONE  OR  CARRIED  OUT  IN  AN ESPECIALLY DEPRAVED OR SADISTIC
MANNER.
S 165.76 PET THEFT IN THE SECOND DEGREE.
  1. A PERSON IS GUILTY OF PET THEFT IN THE SECOND DEGREE WHEN HE STEALS
A COMPANION ANIMAL OR PET.
  2. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT OR
INTERFERE IN ANY WAY WITH ANYONE LAWFULLY ENGAGED IN HUNTING,  TRAPPING,
OR FISHING, AS PROVIDED IN ARTICLE ELEVEN OF THE ENVIRONMENTAL CONSERVA-
TION  LAW,  THE  DISPATCH  OF  RABID OR DISEASED ANIMALS, AS PROVIDED IN

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

                                                           LBD04988-02-1

S. 992--A                           2

ARTICLE TWENTY-ONE OF THE PUBLIC HEALTH LAW, OR THE DISPATCH OF  ANIMALS
POSING  A  THREAT TO HUMAN SAFETY OR OTHER ANIMALS, WHERE SUCH ACTION IS
OTHERWISE LEGALLY  AUTHORIZED,  OR  ANY  PROPERLY  CONDUCTED  SCIENTIFIC
TESTS,  EXPERIMENTS,  OR  INVESTIGATIONS  INVOLVING  THE  USE  OF LIVING
ANIMALS, PERFORMED OR CONDUCTED IN LABORATORIES OR INSTITUTIONS APPROVED
FOR SUCH PURPOSES BY THE COMMISSIONER  OF  HEALTH  PURSUANT  TO  SECTION
THREE HUNDRED FIFTY-THREE OF THE AGRICULTURE AND MARKETS LAW.
  PET THEFT IN THE SECOND DEGREE IS A CLASS E FELONY.
S 165.77 PET THEFT IN THE FIRST DEGREE.
  1. A PERSON IS GUILTY OF PET THEFT IN THE FIRST DEGREE WHEN HE COMMITS
PET THEFT IN THE SECOND DEGREE, AND WHEN:
  A. SUCH ANIMAL IS SOLD FOR SCIENTIFIC RESEARCH PURPOSES; OR
  B.  WITH  NO  JUSTIFIABLE  PURPOSE,  HE  OR SHE INTENTIONALLY KILLS OR
INTENTIONALLY CAUSES SERIOUS PHYSICAL INJURY TO SUCH COMPANION ANIMAL OR
PET WITH AGGRAVATED CRUELTY.
  2. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT OR
INTERFERE IN ANY WAY WITH ANYONE LAWFULLY ENGAGED IN HUNTING,  TRAPPING,
OR FISHING, AS PROVIDED IN ARTICLE ELEVEN OF THE ENVIRONMENTAL CONSERVA-
TION  LAW,  THE  DISPATCH  OF  RABID OR DISEASED ANIMALS, AS PROVIDED IN
ARTICLE TWENTY-ONE OF THE PUBLIC HEALTH LAW, OR THE DISPATCH OF  ANIMALS
POSING  A  THREAT TO HUMAN SAFETY OR OTHER ANIMALS, WHERE SUCH ACTION IS
OTHERWISE LEGALLY  AUTHORIZED,  OR  ANY  PROPERLY  CONDUCTED  SCIENTIFIC
TESTS,  EXPERIMENTS,  OR  INVESTIGATIONS  INVOLVING  THE  USE  OF LIVING
ANIMALS, PERFORMED OR CONDUCTED IN LABORATORIES OR INSTITUTIONS APPROVED
FOR SUCH PURPOSES BY THE COMMISSIONER  OF  HEALTH  PURSUANT  TO  SECTION
THREE HUNDRED FIFTY-THREE OF THE AGRICULTURE AND MARKETS LAW.
  PET THEFT IN THE FIRST DEGREE IS A CLASS D FELONY.
  S 2. This act shall take effect immediately.

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Senate Bill S992A

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

Bill Amendments

2011-S992 - Details

2011-S992 - Summary

2011-S992 - Sponsor Memo

2011-S992 - Bill Text download pdf

2011-S992A (ACTIVE) - Details

2011-S992A (ACTIVE) - Summary

2011-S992A (ACTIVE) - Sponsor Memo

2011-S992A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Jeffrey D. Klein

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

Bill Amendments

2011-S992 - Details

2011-S992 - Summary

2011-S992 - Sponsor Memo

2011-S992 - Bill Text download pdf

2011-S992A (ACTIVE) - Details

2011-S992A (ACTIVE) - Summary

2011-S992A (ACTIVE) - Sponsor Memo

2011-S992A (ACTIVE) - Bill Text download pdf

Comments