S T A T E O F N E W Y O R K
________________________________________________________________________
8607
2011-2012 Regular Sessions
I N A S S E M B L Y
September 21, 2011
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Introduced by M. of A. TITONE, REILLY, COLTON, MARKEY, HEVESI, M. MILLER
-- Multi-Sponsored by -- M. of A. MAISEL, P. RIVERA, WEISENBERG --
read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to restricting ownership of
vicious dogs
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 a new section 270.40 to
read as follows:
S 270.40 UNLAWFUL OWNERSHIP OF A VICIOUS DOG.
A PERSON IS GUILTY OF UNLAWFUL OWNERSHIP OF A VICIOUS DOG WHEN SUCH
PERSON, HAVING BEEN PREVIOUSLY CONVICTED OF A FELONY OFFENSE DEFINED IN
ARTICLE TWO HUNDRED TWENTY OF THIS CHAPTER, OWNS, POSSESSES OR HARBORS A
VICIOUS DOG WITHIN FIVE YEARS OF THE COMPLETION OF THE SENTENCE, INCLUD-
ING ALL TERMS OF IMPRISONMENT, PAROLE AND PROBATION, IMPOSED UPON
CONVICTION OF ANY SUCH FELONY OFFENSE.
FOR PURPOSES OF THIS SECTION "VICIOUS DOG" SHALL MEAN ANY DOG THAT
WEIGHS TWENTY POUNDS OR MORE AND THAT HAS EITHER BEEN TRAINED TO PHYS-
ICALLY ATTACK PERSONS OR HAS EXHIBITED A VICIOUS DISPOSITION OR PROPEN-
SITY.
UNLAWFUL OWNERSHIP OF A VICIOUS DOG IS A CLASS A MISDEMEANOR.
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00631-01-1