NY State Senate Bill 2011-S6730

Senate Bill S6730

2011-2012 Legislative Session

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

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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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 30, 2012	print number 6730a
May 30, 2012	amend (t) and recommit to codes
May 01, 2012	reported and committed to codes
Mar 14, 2012	referred to agriculture

Votes

- May 1, 2012 - Agriculture Committee Vote
  S6730
  
  3
  
  Aye
  
  1
  
  Nay
  
  5
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Agriculture Committee Vote: May 1, 2012
      
      aye (3)
      
      Avella
      
      Huntley
      
      Kennedy
      
      nay (1)
      
      Young
      
      aye wr (5)
      
      Gallivan
      
      O'Mara
      
      Ranzenhofer
      
      Ritchie
      
      Seward
      
      excused (1)
      
      Valesky

Bill Amendments

Original

A (Active)

co-Sponsors

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2011-S6730 - Details

See Assembly Version of this Bill:: A9917
Current Committee:: Senate Codes
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 Other Legislative Sessions:: 2013-2014: S1776, A775
2015-2016: A352
2017-2018: A653
2019-2020: A634
2021-2022: A536
2023-2024: A3840

2011-S6730 - Summary

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

2011-S6730 - Sponsor Memo

                                BILL NUMBER:S6730               REVISED 03/14/12

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

PURPOSE:

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 terms, re-titling offenses, altering the classification
of certain animal crimes offenses, delineating specific sentencing
provisions, introducing various new offenses. This bill also serves
to create a hierarchy of offenses for plea bargaining and referencing
purposes. Additionally,
this bill serves to address and rectify the many constitutional
challenges facing the current Agriculture and Markets statutes.
Ultimately, the purpose of this bill is to promote sound enforcement
of animal crimes by members of law enforcement and judiciary.

SUMMARY OF SPECIFIC PROVISIONS:

Amends Article 26 of the Agriculture and Markets Law by removing the
more non-commercial enforcement provisions and making various
structural modifications to enhance the ability to cross-reference.
The intent is to transplant the majority of the non-commercial
provisions to a new Penal Law Title (Z-1.

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 existing sections 351, 353, 353-a, 355, 361, and 362 of the
Agriculture and Markets Law are removed entirely and variations of
these statutes appear in the proposed Penal Law Title Z-1, presented
in section
three of the bill. Sections 353-b and 353-d are removed and inserted
verbatim in the proposed Penal Law Title Z-1.

The existing subdivision 1 of section 359 of the Agriculture and
Markets Law is removed and a variation of this statute appears in the
proposed Penal Law Title Z-1. Section 359 is re-titled to comport
with this adjustment.

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 Z-1.

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

Amends the Penal Law by adding a new Title Z-1, which is comprised of
animal cruelty offenses and largely based upon the former provisions
of Article 26 of the Agriculture and Markets Law. The Title consists
of a new Article 510, which is captioned "Offenses Against Animals."

Section 510.00 is introduced to the Penal Law and contains the bulk of
the definitions for the proposed Article 510. Subdivision 1 is a
verbatim reproduction of subdivision 1 of section 350 of the
Agriculture and Markets Law. Subdivision 2 is a verbatim reproduction
of subdivision 2 of section 350 of the Agriculture and Markets Law.
Subdivision 3 is a near-verbatim reproduction of language found in
subdivision 1 of section 353-a of the Agriculture and Markets Law,
the only difference being the omission of subsection markings.
Subdivision 4 is based upon subdivision 3 of section 350 of the
Agriculture and Markets Law, but makes
various grammatical changes and broadens the scope of adoption.
Subdivision 5 is near-verbatim reproduction of subdivision 4 of
section 350 of the Agriculture and Markets Law. Subdivision 6 is a
verbatim reproduction of subdivision 5 of section 350 of the
Agriculture and Markets Law. Subdivision 7 is a verbatim reproduction
of language which appears in subdivision 1 of section 351 of the
Agriculture and Markets Law. Subdivision 8 was composed to provide a
concrete definition of "abandons" as that term is used in
subparagraph (b) of subdivision 1 of the
proposed section 510.20 of the Penal Law. Subdivision 9 provides a
definition of "restrain" and was substantially based on subdivision 1
of section 135.00 of the Penal Law. Subdivision 10 provides a
definition of "abduct" and was substantially based on subdivision 2
of the section 135.00 of the Penal Law.

Section 510.05 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 510.05 and Section 510.10, for clarity and

comprehensibility. Subdivision 1 of section 510.05 is based on
subparagraph (e) of
subdivision 2 of section 351 of the Agriculture and Markets Law.
Subdivision 2 of section 510.05 is loosely based on subparagraph (b)
of subdivision 4 of section 351 of the Agriculture and Markets Law,
but modifies the mens rea component for clarity of what is required
for commission of the offense. Section 510.10 is introduced to
replace the felony components of section 351 of the Agriculture and
Markets Law. It is a verbatim reproduction of the statute, with only
structural changes. However, it is notable that, pursuant to section
160.10 of the Criminal Procedure Law, the transplant of the
misdemeanor portion to the Penal
Law causes this offense to now be a printable offense for law
enforcement. As it currently stands, a violation of subparagraph (b)
of subdivision 3 of section 351 (misdemeanor animal fighting) is NOT
a printable offense, which is a major oversight in legislative
drafting.

Section 510.20 is introduced to replace various components of sections
353, 355, 359, and 360 of the Agriculture and Markets Law. It is
delineated by subdivision into two major components. Subdivision 1
outlines
the standard of care to be provided by an owner, possessor, custodian,
or caregiver of an animal. Subdivision 2 outlines the standard of
care to be applied to animals in general, regardless of personal
connection. Subparagraph (a) of subdivision 1 of section 510.20
replaces the constitutionally-troublesome 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.3d 4 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 modern concepts of "nutrition" and "hydration."
Subparagraph (b) of subdivision 1 is a near verbatim reproduction of
section 355 of the Agriculture and Markets Law. Subparagraph (a) of
subdivision 2 is based on section 353 of the Agriculture and Markets
Law, but removes the word "cruelly" from the statutory language.
Subparagraph (b) of subdivision 2 is likewise based on section 353 of
the Agriculture and Markets Law, with minimal grammatical changes.
Subparagraph (c) of subdivision 2 is based on subdivision 1 of
section 359 of the Agriculture and Markets Law, but removes
unnecessarily limiting language regarding vessel or vehicular
transport. Subparagraph (d) of subdivision 2 is based on language
found in section 353 of the Agriculture and Markets Law. Subparagraph
(e) of subdivision 2 is based on section 360 of the Agriculture and
Markets Law, with minimal grammatical changes.

Section 510.25 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
510.25 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. The section is re-titled to match its
counterpart, section 510.20. The definition of the term "aggravated
cruelty," as it appears in section 510.25, appears in section 510.00.
Subdivision 1 is based upon language in subdivision 1 of section
353-a of the Agriculture and Markets Law. Subdivision 2 of section
510.25 proposes a sanction for acts of "aggravated cruelty."
Subdivision 3 is based upon provisions found in the existing section
360 of the Agriculture and Markets Law. Subdivision 4 is an
additional sanction for repeat offenders of section 510.20, modeled
after statutory language which appears elsewhere in the Penal Law.

Section 510.26 is introduced to provide an affirmative defense in the
situation of a violation of subparagraph (b) of subdivision 1 of
section 510.20. The language is partially modeled after section
260.03 of the Penal Law, which allows for a similar defense in
relation to abandonment of a child.

Section 510.30 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.

Section 510.35 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 mens rea, and is not often used. Section 510.35
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 to play a crucial role in any plea bargaining of animal
offenses and serve as a lesser included offense of the various
provisions of Article 510. Subdivision 1 acts as a "catch-all"
provision that bridges the gap between non-culpability and conduct
which violates section 510.20. 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.

Sections 510.40, 510.45, and 510.50 are introduced to allow
prosecution in the event of unlawful 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
510.00. Section 510.40 is based upon language found in section 135.05
of the Penal Law. Section 510.45 is based upon language found in
section 135.05 of the Penal Law. Section 510.45 is based upon
language found in section 135.20 of the Penal Law. Section 510.45 is
based upon language found in section 135.20 of the Penal Law. Section
510.50 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 510.50
would potentially make the same conduct punishable as a class D felony.

Section 510.55 contains a presumption applicable to prosecutions of
sections 510.40, 510.45, and 510.50. Sections 510.60 and 510.65 are
verbatim reproductions of the current sections 353-b and 353-d of the
Agriculture and Markets Law, respectively.

Section 510.70 is a verbatim reproduction of the current section 367
of the Agriculture and Markets Law. Section 510.75 is a
cross-referencing tool to the evidentiary, disposition, and care
provisions which appear in various sections of the Agriculture and
Markets Law.

Section 510.80 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. The bill modifies paragraph
(c) of subdivision 1 of section 70.02 of the Penal Law to incorporate
the proposed "animal cruelty in the first degree," in violation of
proposed section 510.25, into the list of violent felony offenses. The
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 510.25 of the
Penal Law. 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 510.20 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) . The 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.

JUSTIFICATION:

Article 26 of the Agriculture and Markets Law, as currently written,
is fraught with loopholes and constitutionality issues. Furthermore,
it is antiquated and, in many places, incomprehensible. For these
reasons, members of law enforcement, including police officers, peace
officers, prosecutors, defense attorneys and judges are not able to
maximize the promise and potential that Article 26 is supposed to
bring to animal cruelty offenses. A noticeable trend has formed,
whereby members of law enforcement focus specifically on section 353
of the Agriculture and Markets Law. The great paradox lies in the
notion that section 353 is both the hallmark enforcement mechanism
and a colossal constitutional problem.

Courts throughout the state have repeatedly tackled the issue of
whether the wording in section 353 is unconstitutionally vague in
violation of the State and Federal Constitution. While the case law
is split, the trend is to read modern standards into the generic
wording of the section. The Court of Appeals has not addressed this
issue, therefore, no standard has been set statewide.

Yet, law enforcement continually focuses on section 353, with all its
endless verbs and complexities, primarily because of the built--up
tradition, but also because the other sections of Article 26 are
awkwardly worded and completely archaic. Some of these "lost"
sections have great value, but are buried so deep within discrete
parts of the article that many members of law enforcement are unaware
of their existence. In an effort to streamline enforcement, this bill
leaves commercial issues to the Agriculture and Markets Law, while
highlighting the criminal offenses as a new and separate article of
the Penal Law.

Current law is also lacking strength and congruence in the
punishments for offenses against animals. As such, this new bill
classifies the various levels of criminality, including new specific
D felonies and E felonies. In an effort to harmonize the punishments
which exist across the various statutes, Article 195 of the Penal Law
is modified to enhance the penalties for offenses against service
animals.

In keeping with the widely-known concept that individuals who commit
acts of cruelty against animals progress to commit violent crimes
against people, certain acts under this bill are made to constitute
"violent felony offenses" as that term is defined in section 70.02 of
the Penal Law.

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:

This act will take effect immediately; provided, however sections nine
through fourteen shall take effect on the first of November
succeeding the date on which it shall have become law.

2011-S6730 - Bill Text download pdf

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

                                  6730

                            I N  S E N A T E

                             March 14, 2012
                               ___________

Introduced by Sen. FUSCHILLO -- 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, 361, 362 and subdivision 8 of section 374 of the  agricul-
  ture 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 is  amended
by adding a new subdivision 6 to read as follows:
  6.  "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.
  S 2. Sections 351, 353, 353-a, 353-b, 353-d, 355, 361 and 362  of  the
agriculture and markets law are REPEALED.
  S 3. Section 359 of the agriculture and markets law, as added by chap-
ter 1047 of the laws of 1965, subdivision 1 as amended by chapter 458 of
the  laws of 1985 and subdivision 2 as amended by chapter 84 of the laws
of 2001, is amended to read as follows:
  S 359. [Carrying animal in a cruel manner] UNLAWFUL TRANSPORTATION  OF
ANIMALS.    [1.  A person who carries or causes to be carried in or upon
any vessel or vehicle or otherwise, any animal in  a  cruel  or  inhuman
manner, or so as to produce torture, is guilty of a misdemeanor, punish-
able  by  imprisonment  for  not more than one year, or by a fine of not
more than one thousand dollars, or by both.
  2.] A railway corporation, or an owner, agent, consignee, or person in
charge of any horses, sheep, cattle, or swine, in the course of, or  for
transportation,  who  confines,  or  causes  or  suffers  the same to be
confined, in cars for a  longer  period  than  twenty-eight  consecutive
hours,  or  thirty-six  consecutive  hours where consent is given in the
manner hereinafter provided, without unloading for rest, water and feed-
ing, during five consecutive hours, unless prevented by storm or  inevi-

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

                                                           LBD14859-03-2

S. 6730                             2

table  accident,  is  guilty  of  a  misdemeanor. The consent which will
extend the period from twenty-eight to thirty-six hours shall  be  given
by  the  owner,  or  by person in custody of a particular shipment, by a
writing  separate  and  apart  from  any printed bill of lading or other
railroad form. In estimating such confinement, the time during which the
animals have been confined without rest, on connecting roads from  which
they are received, must be computed.
  S  4.    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  5.  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 6. 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
upon any animal in his presence. Any of  said  societies  may  prefer  a
complaint  before any court, tribunal or magistrate having jurisdiction,
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 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. 6730                             3

  S 380. SPECIAL SENTENCING PROVISIONS.  IN ADDITION TO ANY OTHER PENAL-
TY PROVIDED BY LAW, A COURT MAY IMPOSE THE FOLLOWING  SENTENCES  UPON  A
CONVICTION FOR ANY ANIMAL CRUELTY OFFENSE:
  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
A  DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR
A DULY INCORPORATED HUMANE SOCIETY OR  AUTHORIZED  AGENTS  THEREOF,  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 RELIN-
QUISHED 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 A DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY
TO ANIMALS OR A 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 DWELLING IN THE SAME HOUSEHOLD WHO CONSPIRED, AIDED OR  ABET-
TED  IN  THE  UNLAWFUL ACT WHICH WAS THE BASIS OF THE CONVICTION, OR WHO
KNEW OR SHOULD HAVE KNOWN OF THE UNLAWFUL ACT. 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 A DULY INCORPORATED SOCIETY FOR
THE PREVENTION OF CRUELTY TO ANIMALS OR DULY INCORPORATED HUMANE SOCIETY
OR ITS AUTHORIZED AGENT THEREOF AND DISPOSED OF PURSUANT TO  SUBDIVISION
FIVE OF THIS SECTION.
  3.  THE COURT MAY ORDER THAT THE CONVICTED PERSON OR ANY PERSON DWELL-
ING IN THE SAME HOUSEHOLD WHO CONSPIRED, AIDED OR ABETTED IN THE  UNLAW-
FUL  ACT  WHICH  WAS  THE BASIS OF THE CONVICTION, OR WHO KNEW OR SHOULD
HAVE KNOWN OF THE UNLAWFUL ACT, 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 SPECIFICALLY 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  ITS AUTHORIZED AGENTS THEREOF, OR A POUND OR SHELTER, SHALL BE 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
TO ANIMALS OR DULY  INCORPORATED  HUMANE  SOCIETY  FOR  THE  PURPOSE  OF
RESEARCH, EXPERIMENTATION OR TESTING.
  5.  A  DULY  INCORPORATED  SOCIETY  FOR  THE  PREVENTION OF CRUELTY TO
ANIMALS OR A DULY INCORPORATED  HUMANE  SOCIETY  IN  CHARGE  OF  ANIMALS
FORFEITED PURSUANT TO SUBDIVISION ONE OR TWO OF THIS SECTION MAY, IN ITS

S. 6730                             4

DISCRETION,  LAWFULLY  AND  WITHOUT LIABILITY, ADOPT THEM TO INDIVIDUALS
OTHER THAN THE CONVICTED PERSON OR 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,
OR HUMANELY DISPOSE OF THEM.
  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.
        280.26 ABANDONMENT OF AN ANIMAL; DEFENSE.
        280.30 UNLAWFUL  DEALING  WITH DOMESTIC 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.
        280.50 ANIMAL ABDUCTION IN THE FIRST DEGREE.
        280.55 UNAUTHORIZED POSSESSION OF ANIMAL PRESUMPTIVE EVIDENCE OF
                 RESTRAINT AND ABDUCTION.
        280.60 APPROPRIATE SHELTER FOR DOGS LEFT OUTDOORS.
        280.65 CONFINEMENT  OF  COMPANION  ANIMALS  IN VEHICLES; EXTREME
                 TEMPERATURES.

S. 6730                             5

        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" INCLUDES EVERY LIVING CREATURE EXCEPT A HUMAN BEING.
  2. "TORTURE" OR "CRUELTY" INCLUDES EVERY ACT,  OMISSION,  OR  NEGLECT,
WHEREBY  UNJUSTIFIABLE  PHYSICAL  PAIN,  SUFFERING OR DEATH IS CAUSED OR
PERMITTED.
  3. "AGGRAVATED CRUELTY" SHALL MEAN CONDUCT THAT IS INTENDED  TO  CAUSE
EXTREME PHYSICAL PAIN, CONDUCT THAT IS DONE OR CARRIED OUT IN A DEPRAVED
OR  SADISTIC MANNER, OR CONDUCT WHICH CAUSES A SIGNIFICANT RISK OF DEATH
OR SERIOUS BODILY HARM.
  4. "ADOPTION" MEANS THE DELIVERY OF ANY ANIMAL, SEIZED OR SURRENDERED,
TO ANY NATURAL PERSON EIGHTEEN YEARS OF AGE OR OLDER,  FOR  THE  LIMITED
PURPOSE OF HARBORING SUCH ANIMAL AS A PET.
  5.  "FARM  ANIMAL"  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"
SHALL NOT INCLUDE DOGS OR CATS.
  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 ANIMAL" SHALL NOT INCLUDE A "FARM ANIMAL" AS
DEFINED IN THIS SECTION.
  7. "ANIMAL FIGHTING" SHALL MEAN  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.
  8. "ABANDONS" 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.
  9. "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.
  10.  "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 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 EVINCING
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.
  PROMOTING  ANIMAL  FIGHTING  IN  THE  SECOND  DEGREE IS A MISDEMEANOR,
PUNISHABLE BY IMPRISONMENT FOR A PERIOD NOT TO EXCEED ONE YEAR, OR BY  A
FINE, OR BY BOTH SUCH FINE AND IMPRISONMENT. IN THE EVENT OF A VIOLATION
OF  SUBDIVISION  ONE  OF THIS SECTION, THE FINE SHALL NOT EXCEED FIFTEEN

S. 6730                             6

THOUSAND DOLLARS. IN THE EVENT OF A VIOLATION OF SUBDIVISION TWO OF THIS
SECTION, THE FINE SHALL NOT EXCEED ONE THOUSAND DOLLARS.
S 280.10 PROMOTING ANIMAL FIGHTING IN THE FIRST DEGREE.
  A  PERSON  IS  GUILTY OR 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,  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 SUBDIVISION ONE, TWO OR THREE OF  THIS
SECTION TO OCCUR ON PREMISES UNDER HIS OR HER CONTROL; OR
  5.  OWNS,  POSSESSES  OR  KEEPS ANY ANIMAL TRAINED TO ENGAGE IN ANIMAL
FIGHTING 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 FELONY, PUNISHABLE
BY IMPRISONMENT FOR A PERIOD NOT TO EXCEED FOUR YEARS, OR BY A FINE  NOT
TO  EXCEED TWENTY-FIVE THOUSAND DOLLARS, OR BY BOTH SUCH FINE AND IMPRI-
SONMENT.
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, SUCH PERSON KNOWINGLY:
  (A)  DEPRIVES  SUCH ANIMAL OF FOOD, DRINK, VETERINARY CARE, OR SHELTER
ADEQUATE TO  MAINTAIN  THE  ANIMAL'S  HEALTH  AND  COMFORT;  OR  CAUSES,
PROCURES,  OR PERMITS SUCH ANIMAL TO BE DEPRIVED OF FOOD, DRINK, VETERI-
NARY CARE, OR SHELTER ADEQUATE  TO  MAINTAIN  THE  ANIMAL'S  HEALTH  AND
COMFORT; OR
  (B) ABANDONS SUCH ANIMAL, OR LEAVES AN ANIMAL TO DIE IN A STREET, ROAD
OR PUBLIC PLACE, OR WHO ALLOWS AN ANIMAL, IF IT BECOMES DISABLED, TO LIE
IN A PUBLIC STREET, ROAD OR PUBLIC PLACE; OR
  2.  REGARDLESS  OF  OWNERSHIP,  POSSESSION,  CARE,  CONTROL, CHARGE OR
CUSTODY, SUCH PERSON KNOWINGLY:
  (A) OVERDRIVES, OVERLOADS, TORTURES, OR BEATS ANY ANIMAL,  OR  CAUSES,
PROCURES,  OR PERMITS ANY ANIMAL TO BE OVERDRIVEN, OVERLOADED, TORTURED,
OR BEATEN; OR
  (B) UNJUSTIFIABLY INJURES, MAIMS, MUTILATES, OR KILLS ANY  ANIMAL,  OR
CAUSES,  PROCURES,  OR  PERMITS  ANY ANIMAL TO BE UNJUSTIFIABLY INJURED,
MAIMED, MUTILATED, OR KILLED; OR
  (C) CARRIES OR CAUSES TO BE CARRIED ANY ANIMAL IN A CRUEL AND INHUMANE
MANNER, OR SO AS TO PRODUCE TORTURE; OR
  (D) ENGAGES IN, OR IN ANY WAY FURTHERS  ANY  ACT  OF  CRUELTY  TO  ANY
ANIMAL, OR ANY ACT TENDING TO PRODUCE SUCH CRUELTY; OR
  (E)  UNJUSTIFIABLY  ADMINISTERS  ANY  POISONOUS  OR  NOXIOUS  DRUG  OR
SUBSTANCE TO AN ANIMAL, OTHER THAN A HORSE, MULE OR DOMESTIC CATTLE,  OR
UNJUSTIFIABLY  EXPOSES  ANY SUCH DRUG OR SUBSTANCE WITH INTENT THAT SUCH
SHALL BE TAKEN BY AN ANIMAL OTHER THAN HORSE, MULE, OR DOMESTIC CATTLE.
  NOTHING HEREIN CONTAINED SHALL BE CONSTRUED TO PROHIBIT  OR  INTERFERE
WITH  ANY  PROPERLY CONDUCTED SCIENTIFIC TESTS, EXPERIMENTS, OR INVESTI-
GATIONS INVOLVING THE USE OF LIVING ANIMALS, PERFORMED OR  CONDUCTED  IN
LABORATORIES  OR  INSTITUTIONS, WHICH ARE APPROVED FOR THESE PURPOSES BY
THE COMMISSIONER OF HEALTH. THE 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

S. 6730                             7

SUCH LABORATORY OR INSTITUTION. THE COMMISSIONER OF HEALTH OR HIS OR HER
DULY AUTHORIZED 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 ONE 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, HAVING
NO JUSTIFIABLE PURPOSE, SUCH PERSON:
  1. INTENTIONALLY KILLS OR INTENTIONALLY CAUSES SERIOUS PHYSICAL INJURY
TO A COMPANION ANIMAL; OR
  2. KNOWINGLY INSTIGATES, ENGAGES IN, OR IN ANY WAY FURTHERS AN ACT  OF
AGGRAVATED CRUELTY TO ANY ANIMAL; OR
  3.  ADMINISTERS ANY POISONOUS OR NOXIOUS DRUG OR SUBSTANCE TO A HORSE,
MULE, OR DOMESTIC CATTLE OR EXPOSES ANY SUCH DRUG OR  SUBSTANCE  TO  THE
ANIMAL  WITH THE INTENT THAT THE ANIMAL TAKE THE SAME, REGARDLESS OF THE
ANIMAL'S OWNERSHIP; OR
  4. 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, 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
280.20 OF THIS ARTICLE.
  ANIMAL CRUELTY IN THE FIRST DEGREE IS A CLASS D FELONY.
S 280.26 ABANDONMENT OF AN ANIMAL; DEFENSE.
  IN  A  PROSECUTION  FOR  ABANDONMENT  OF AN ANIMAL OR PET, PURSUANT TO
PARAGRAPH (B) OF SUBDIVISION ONE OF  SECTION  280.20  OF  THIS  ARTICLE,
BASED  UPON  AN ALLEGED DESERTION OF AN ANIMAL OR PET, WITH AN INTENT TO
WHOLLY ABANDON SUCH PET OR ANIMAL, IT IS AN  AFFIRMATIVE  DEFENSE  THAT,
WITH  THE INTENT THAT THE ANIMAL OR PET BE SAFE FROM PHYSICAL INJURY AND
CARED FOR IN AN APPROPRIATE MANNER, THE DEFENDANT LEFT THE ANIMAL OR PET
WITH AN APPROPRIATE PERSON OR IN A SUITABLE LOCATION AND PROMPTLY  NOTI-
FIED AN APPROPRIATE PERSON OF SUCH ANIMAL OR PET'S LOCATION.
S 280.30 UNLAWFUL DEALING  WITH DOMESTIC ANIMALS USED FOR RACING, BREED-
           ING, OR COMPETITIVE EXHIBITION OF SKILL, BREED OR STAMINA.
  A PERSON IS GUILTY OF UNLAWFUL DEALING WITH DOMESTIC ANIMALS USED  FOR
RACING,  BREEDING, OR COMPETITIVE EXHIBITION OF SKILL, BREED, OR STAMINA
WHEN, REGARDLESS OF OWNERSHIP,  POSSESSION,  CARE,  CONTROL,  CHARGE  OR
CUSTODY, 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 A HORSE,
MULE, DOG, OR ANY DOMESTIC ANIMAL  USED  FOR  THE  PURPOSES  OF  RACING,
BREEDING OR COMPETITIVE EXHIBITION OF SKILL, BREED, OR STAMINA; OR
  2.  INTERFERES  WITH,  INJURES,  DESTROYS,  OR TAMPERS WITH ANY HORSE,
MULE, DOG, OR ANY DOMESTIC ANIMAL  USED  FOR  THE  PURPOSES  OF  RACING,
BREEDING, OR COMPETITIVE EXHIBITION OF SKILL, BREED, OR STAMINA.

S. 6730                             8

  UNLAWFUL  DEALING  WITH  DOMESTIC 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
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,  OR  THE  OFFICE OF THE SUPERINTENDENT OF THE STATE
POLICE LOCATED IN  ALBANY,  NEW  YORK,  OF  SUCH  POSSESSION,  SHALL  BE
PRESUMPTIVE EVIDENCE OF RESTRAINT AND ABDUCTION.
S 280.60 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.

S. 6730                             9

  (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 CLIMATE. ANY PERSON WHO  KNOWINGLY  VIOLATES  THE
PROVISIONS OF THIS SECTION SHALL BE GUILTY OF A VIOLATION, PUNISHABLE BY
A  FINE OF NOT LESS THAN FIFTY DOLLARS NOR MORE THAN ONE HUNDRED DOLLARS
FOR A FIRST OFFENSE, AND A FINE OF NOT LESS THAN ONE HUNDRED DOLLARS NOR
MORE THAN TWO HUNDRED FIFTY DOLLARS FOR A SECOND AND SUBSEQUENT OFFENSE.
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 SEPARATE OFFENSE.
  (B) THE COURT MAY, IN ITS DISCRETION, REDUCE THE AMOUNT  OF  ANY  FINE
IMPOSED  FOR A VIOLATION OF THIS SECTION BY THE AMOUNT WHICH THE DEFEND-
ANT PROVES HE OR SHE HAS SPENT PROVIDING A DOG SHELTER OR  REPAIRING  AN
EXISTING  DOG  SHELTER SO THAT IT COMPLIES WITH THE REQUIREMENTS OF THIS
SECTION. NOTHING IN THIS PARAGRAPH SHALL PREVENT THE SEIZURE  OF  A  DOG
FOR  A  VIOLATION  OF  THIS SECTION PURSUANT TO THE AUTHORITY GRANTED IN
THIS ARTICLE.
  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
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.

S. 6730                            10

  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.
S 280.65 CONFINEMENT  OF  COMPANION ANIMALS IN VEHICLES; 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. ANY PERSON WHO KNOWINGLY VIOLATES THE PROVISIONS OF SUBDIVISION ONE
OF  THIS SECTION SHALL BE GUILTY OF A VIOLATION, PUNISHABLE BY A FINE OF
NOT LESS THAN FIFTY DOLLARS NOR MORE THAN  ONE  HUNDRED  DOLLARS  FOR  A
FIRST  OFFENSE, AND A FINE OF NOT LESS THAN ONE HUNDRED DOLLARS NOR MORE
THAN TWO HUNDRED AND FIFTY DOLLARS FOR A SECOND AND SUBSEQUENT OFFENSES.
  6. 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.
  7.  NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO AFFECT ANY
OTHER  PROTECTIONS  AFFORDED  TO  COMPANION  ANIMALS  UNDER  ANY   OTHER
PROVISIONS OF THIS ARTICLE.
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
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. 6730                            11

  S  10.  Paragraph  (c)  of subdivision 1 of section 70.02 of the penal
law, as amended by chapter 405 of the laws of 2010, 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 or  eight
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
SECTION 280.25.
  S  11.  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 12. Section 195.11 of the penal law, as added by chapter 344 of  the
laws of 1989, is amended to read as follows:
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  13. Section 195.12 of the penal law, as added by chapter 344 of the
laws of 1989, is amended to read as follows:

S. 6730                            12

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 14. Subdivision 2 of section 265.01 of the penal law, as amended  by
chapter 220 of the laws of 1988, is amended to read as follows:
  (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
  S 15. 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 16. This act shall take effect immediately; provided, however,  that
sections  nine  through  fourteen  of  this act shall take effect on the
first of November next succeeding the date on which it shall have become
a law.

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2011-S6730A (ACTIVE) - Details

See Assembly Version of this Bill:: A9917
Current Committee:: Senate Codes
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 Other Legislative Sessions:: 2013-2014: S1776, A775
2015-2016: A352
2017-2018: A653
2019-2020: A634
2021-2022: A536
2023-2024: A3840

2011-S6730A (ACTIVE) - Summary

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

2011-S6730A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6730A

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 crime 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 amended 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 by 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 co-conspirator.


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 26 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 1 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 upon subdivision 3 of section
350 of the Agriculture and Markets Law. Subdivision 6 is a
near-verbatim reproduction of subdivision 4 of section 350 of 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 mens rea 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. 3d 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 modern 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 80called "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 280.20, 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 mens 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,
respectively.

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
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, and 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 re-structured 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 on accused individuals.
Finally, the average member of the public will be better apprised of
the standards that apply to the treatment of animals.

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

EFFECTIVE DATE:
This act will take effect on the first of November next
succeeding the date on which it shall become a law.

2011-S6730A (ACTIVE) - Bill Text download pdf

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

                                 6730--A

                            I N  S E N A T E

                             March 14, 2012
                               ___________

Introduced by Sens. FUSCHILLO, DeFRANCISCO, DILAN, GOLDEN, HANNON, JOHN-
  SON,  LARKIN, LAVALLE, MAZIARZ, OPPENHEIMER, ROBACH, SERRANO, STAVISKY
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Agriculture -- reported favorably from said committee
  and committed to the Committee on Codes -- committee discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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.  Subdivisions 2, 3, 4 and 5 of section 350 of the agricul-
ture and markets law, subdivision 2 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, are amended and three new
subdivisions 3, 7 and 8 are added to read as follows:
  2. ["Torture" or "cruelty"] "CRUELTY" includes every act, omission, or
neglect,  whereby  unjustifiable  physical  pain,  suffering or death is
caused or permitted AND SHALL 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.
  [3]  4.  "Adoption" means the delivery [to any natural person eighteen
years of age or older, for the limited purpose of harboring a  pet,]  TO
ANY  NATURAL  PERSON  EIGHTEEN  YEARS  OF  AGE OR OLDER, FOR THE LIMITED
PURPOSE OF HARBORING of any dog or cat, seized or surrendered.
  [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

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

                                                           LBD14859-12-2

S. 6730--A                          2

conservation  law,  which  are  raised  for  commercial  or  subsistence
purposes. Fur-bearing animal, AS REFERENCED IN THIS ARTICLE,  shall  not
include dogs or cats.
  [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 domesti-
cated 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 ONE THOUSAND FOUR HUNDRED THREE OF THE NOT-FOR-PROFIT
CORPORATION 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

S. 6730--A                          3

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
upon  any  animal  in  his  presence. Any of said societies may prefer a
complaint before any court, tribunal or magistrate having  jurisdiction,
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 as amended by
chapter 586 of the laws of  2008,  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
[the], A duly incorporated society for  the  prevention  of  cruelty  to
animals,  humane  society,  pound,  animal  shelter,  SHERIFF, MUNICIPAL
POLICE DEPARTMENT, OR DISTRICT ATTORNEY, or any authorized agents there-
of, 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 security shall be in an amount suffi-
cient  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  boarding  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  limited  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 impounding
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. The petitioner shall also serve a  true  copy
of  the petition on any interested person. For purposes of this subdivi-
sion, 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  interest  in
the  animal  which  is the subject of the petition. 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 securi-
ty.
  (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
hearing provided for in subparagraph one of this  paragraph.  The  court

S. 6730--A                          4

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 7. Subdivision 8 of section 374 of the agriculture and  markets  law
is REPEALED.

S. 6730--A                          5

  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, A COURT MAY IMPOSE THE FOLLOWING SENTENCES UPON A
CONVICTION FOR ANY ANIMAL CRUELTY OFFENSE:
  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, A DULY INCORPORATED SOCIETY FOR THE PREVENTION OF  CRUELTY  TO
ANIMALS OR A 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,  A  DULY  INCORPORATED  SOCIETY  FOR  THE
PREVENTION  OF  CRUELTY TO ANIMALS OR A 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, PURSUANT TO
SUBDIVISION  SIX  OF  THIS  SECTION, ANY MONEY EARNED BY THE SALE OF THE
FARM ANIMALS LESS ANY COSTS INCLUDING, BUT NOT  LIMITED  TO,  VETERINARY
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 CHARG-
ES. 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, A DULY  INCORPORATED  SOCIETY  FOR
THE PREVENTION OF CRUELTY TO ANIMALS OR DULY INCORPORATED HUMANE SOCIETY
OR  ITS AUTHORIZED AGENT 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  ITS AUTHORIZED AGENTS THEREOF, OR A POUND OR SHELTER, SHALL BE 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
TO ANIMALS OR DULY  INCORPORATED  HUMANE  SOCIETY  FOR  THE  PURPOSE  OF
RESEARCH, EXPERIMENTATION OR TESTING.

S. 6730--A                          6

  5.  AN  ANIMAL  SHELTER,  POUND, SHERIFF, MUNICIPAL POLICE DEPARTMENT,
DISTRICT ATTORNEY, A DULY INCORPORATED SOCIETY  FOR  THE  PREVENTION  OF
CRUELTY  TO  ANIMALS  OR A DULY INCORPORATED HUMANE SOCIETY IN CHARGE OF
ANIMALS FORFEITED PURSUANT TO SUBDIVISION ONE OR  TWO  OF  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.
        280.50 ANIMAL ABDUCTION IN THE FIRST DEGREE.

S. 6730--A                          7

        280.55 UNAUTHORIZED POSSESSION OF ANIMAL PRESUMPTIVE EVIDENCE OF
                 RESTRAINT AND ABDUCTION.
        280.60 APPROPRIATE SHELTER FOR DOGS LEFT OUTDOORS.
        280.65 CONFINEMENT  OF  COMPANION  ANIMALS  IN VEHICLES; 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" INCLUDES EVERY LIVING CREATURE EXCEPT A HUMAN BEING.
  2. "CRUELTY" INCLUDES EVERY ACT, OMISSION, OR NEGLECT, WHEREBY  UNJUS-
TIFIABLE  PHYSICAL  PAIN,  SUFFERING OR DEATH IS CAUSED OR PERMITTED AND
SHALL INCLUDE BUT NOT BE LIMITED TO, ANY ACT OF  OVERDRIVING,  OVERLOAD-
ING, INJURING, MAIMING, MUTILATING, OR KILLING AN ANIMAL.
  3.  "AGGRAVATED  CRUELTY" SHALL MEAN AN ACT OF CRUELTY THAT IS DONE OR
CARRIED OUT IN A DEPRAVED OR SADISTIC MANNER.
  4. "TORTURE" MEANS CONDUCT THAT IS INTENDED TO CAUSE EXTREME PAIN.
  5. "ADOPTION" MEANS THE DELIVERY OF ANY ANIMAL, SEIZED OR SURRENDERED,
TO ANY NATURAL PERSON EIGHTEEN YEARS OF AGE OR OLDER,  FOR  THE  LIMITED
PURPOSE OF HARBORING SUCH ANIMAL AS A PET.
  6.  "FARM  ANIMAL"  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"
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" SHALL MEAN  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.
  9. "ABANDONS" 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 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 EVINCING
AN INTENT THAT SUCH ANIMAL ENGAGE IN ANIMAL FIGHTING; OR

S. 6730--A                          8

  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.
  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 CIRCUM-
STANCES EVINCING AN INTENT THAT SUCH ANIMAL ENGAGE IN  ANIMAL  FIGHTING;
OR
  4.  PERMITS ANY ACT DESCRIBED IN SUBDIVISION ONE, TWO OR THREE OF THIS
SECTION TO OCCUR ON PREMISES UNDER HIS OR HER CONTROL; OR
  5. OWNS, POSSESSES 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 SUCH ANIMAL
IS NOT RECEIVING ADEQUATE  NUTRITION,  HYDRATION,  VETERINARY  CARE,  OR
SHELTER ADEQUATE TO MAINTAIN THE ANIMAL'S HEALTH AND COMFORT; 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 PROPOSE, 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  HEREIN  CONTAINED SHALL BE CONSTRUED TO PROHIBIT OR INTERFERE
WITH ANY PROPERLY CONDUCTED SCIENTIFIC TESTS, EXPERIMENTS,  OR  INVESTI-
GATIONS  INVOLVING  THE USE OF LIVING ANIMALS, PERFORMED OR CONDUCTED IN
LABORATORIES OR INSTITUTIONS, WHICH ARE APPROVED FOR THESE  PURPOSES  BY
THE  COMMISSIONER  OF HEALTH. THE 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 COMMISSIONER OF HEALTH OR HIS OR HER
DULY  AUTHORIZED  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 ONE 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:

S. 6730--A                          9

  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  WAY  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 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, 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
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. INTERFERES WITH, INJURES, DESTROYS, OR TAMPERS WITH ANY ANIMAL USED
FOR  THE  PURPOSES  OF  RACING,  BREEDING,  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-

S. 6730--A                         10

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
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 OFFICE
OF THE SUPERINTENDENT OF THE STATE POLICE LOCATED IN ALBANY,  NEW  YORK,
OF  SUCH  POSSESSION,  SHALL  BE  PRESUMPTIVE  EVIDENCE OF RESTRAINT AND
ABDUCTION.
S 280.60 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  CLIMATE. ANY PERSON WHO KNOWINGLY VIOLATES THE
PROVISIONS OF THIS SECTION SHALL BE GUILTY OF A VIOLATION, PUNISHABLE BY
A FINE OF NOT LESS THAN FIFTY DOLLARS NOR MORE THAN ONE HUNDRED  DOLLARS
FOR A FIRST OFFENSE, AND A FINE OF NOT LESS THAN ONE HUNDRED DOLLARS NOR
MORE THAN TWO HUNDRED FIFTY DOLLARS FOR A SECOND AND SUBSEQUENT OFFENSE.

S. 6730--A                         11

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 SEPARATE OFFENSE.
  (B) THE COURT MAY, IN ITS DISCRETION, REDUCE THE AMOUNT  OF  ANY  FINE
IMPOSED  FOR A VIOLATION OF THIS SECTION BY THE AMOUNT WHICH THE DEFEND-
ANT PROVES HE OR SHE HAS SPENT PROVIDING A DOG SHELTER OR  REPAIRING  AN
EXISTING  DOG  SHELTER SO THAT IT COMPLIES WITH THE REQUIREMENTS OF THIS
SECTION. NOTHING IN THIS PARAGRAPH SHALL PREVENT THE SEIZURE  OF  A  DOG
FOR  A  VIOLATION  OF  THIS SECTION PURSUANT TO THE AUTHORITY GRANTED IN
THIS ARTICLE.
  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
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.
S 280.65 CONFINEMENT OF COMPANION ANIMALS IN VEHICLES;  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

S. 6730--A                         12

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. ANY PERSON WHO KNOWINGLY VIOLATES THE PROVISIONS OF SUBDIVISION ONE
OF  THIS SECTION SHALL BE GUILTY OF A VIOLATION, PUNISHABLE BY A FINE OF
NOT LESS THAN FIFTY DOLLARS NOR MORE THAN  ONE  HUNDRED  DOLLARS  FOR  A
FIRST  OFFENSE, AND A FINE OF NOT LESS THAN ONE HUNDRED DOLLARS NOR MORE
THAN TWO HUNDRED FIFTY DOLLARS FOR A SECOND AND SUBSEQUENT OFFENSES.
  6. 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.
  7.  NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO AFFECT ANY
OTHER  PROTECTIONS  AFFORDED  TO  COMPANION  ANIMALS  UNDER  ANY   OTHER
PROVISIONS OF THIS ARTICLE.
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
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 405 of the laws of 2010, 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

S. 6730--A                         13

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 or eight
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 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

S. 6730--A                         14

  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. Subdivision 2 of section 265.01 of the penal law, as amended  by
chapter 220 of the laws of 1988, is amended to read as follows:
  (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
  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  first  of  November  next
succeeding the date on which it shall have become a law.

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Senate Bill S6730

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2011-S6730 - Details

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