senate Bill S1776

2013-2014 Legislative Session

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

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Jan 09, 2013 referred to agriculture

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S1776 - Bill Details

See Assembly Version of this Bill:
A775A
Current Committee:
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 2011-2012 Legislative Session:
S6730A, A9917A

S1776 - Bill Texts

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

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BILL NUMBER:S1776

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 crimp. 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 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 2,5 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 up on
subdivision 3 of section 350 of the Agriculture and Markets Law.
Subdivision 6 is a near-verbatim reproduction of subdivision 4 of
section 350f 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 a ad 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 measure 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 modem 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 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, arid 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 restructured 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 an
accused individuals. Finally, the average member of the public will be
better apprised of the standards that apply to the treatment of
animals.

LEGISLATIVE HISTORY: 2012: Codes Committee (S. 6730A/A. 9917A)

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.

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

                                  1776

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. FUSCHILLO, GRISANTI, DeFRANCISCO, GOLDEN, KENNEDY,
  LARKIN -- 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, 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.  Section 350 of the agriculture and markets law,  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, is amended to read as follows:
  S 350. Definitions. 1. "Animal[,]", as used in this article,  includes
every living creature except a human being;
  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.
  4. "Adoption" means the delivery [to any natural person eighteen years
of  age or older, for the limited purpose of harboring a pet, of any dog
or cat, seized or  surrendered]  OF  ANY  ANIMAL  FORFEITED,  SEIZED  OR
SURRENDERED,  TO  ANY NATURAL PERSON EIGHTEEN YEARS OF AGE OR OLDER, FOR
THE PURPOSE OF THAT PERSON PERMANENTLY HARBORING SUCH ANIMAL AS A PET.
  [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
conservation  law,  which  are  raised  for  commercial  or  subsistence

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01445-02-3

S. 1776                             2

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  domesticated
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 FOURTEEN HUNDRED THREE  OF  THE  NOT-FOR-PROFIT  CORPO-
RATION 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
agriculture  and  markets  law  OR ANY PROVISIONS OF ARTICLE TWO HUNDRED

S. 1776                             3

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 OR HER presence. Any of said societies may prefer
a  complaint  before  any court, tribunal or magistrate having jurisdic-
tion, 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
may order the immediate forfeiture of the seized animal to the  impound-

S. 1776                             4

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. 1776                             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. 1776                             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. 1776                             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.
  12. "ANIMAL FIGHTING PARAPHERNALIA" SHALL MEAN EQUIPMENT, PRODUCTS, OR
MATERIALS  OF  ANY KIND THAT ARE USED, INTENDED FOR USE, OR DESIGNED FOR
USE IN THE TRAINING, PREPARATION, CONDITIONING OR FURTHERANCE OF  ANIMAL
FIGHTING. ANIMAL FIGHTING PARAPHERNALIA INCLUDES:  (I) A BREAKING STICK,
WHICH  MEANS  A DEVICE DESIGNED FOR INSERTION BEHIND THE MOLARS OF A DOG
FOR THE PURPOSE OF BREAKING THE DOG'S GRIP ON ANOTHER ANIMAL OR  OBJECT;
(II)  A  CAT  MILL,  WHICH  MEANS A DEVICE THAT ROTATES AROUND A CENTRAL

S. 1776                             8

SUPPORT WITH ONE ARM DESIGNED TO SECURE A DOG AND ONE  ARM  DESIGNED  TO
SECURE A CAT, RABBIT, OR OTHER SMALL ANIMAL BEYOND THE GRASP OF THE DOG;
(III)  A  TREADMILL,  WHICH  MEANS  AN  EXERCISE DEVICE CONSISTING OF AN
ENDLESS  BELT ON WHICH THE ANIMAL WALKS OR RUNS WITHOUT CHANGING PLACES;
(IV) A SPRINGPOLE, WHICH MEANS A BITING SURFACE ATTACHED TO A  STRETCHA-
BLE  DEVICE,  SUSPENDED  AT  A  HEIGHT  SUFFICIENT TO PREVENT A DOG FROM
REACHING THE BITING SURFACE WHILE TOUCHING THE GROUND;  (V)  A  FIGHTING
PIT,  WHICH  MEANS A WALLED AREA, OR OTHERWISE DEFINED AREA, DESIGNED TO
CONTAIN AN ANIMAL FIGHT; AND (VI) ANY OTHER INSTRUMENT COMMONLY USED  IN
THE FURTHERANCE OF PITTING AN ANIMAL AGAINST ANOTHER ANIMAL.
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.
  3.  OWNS,  POSSESSES, SELLS, TRANSFERS OR MANUFACTURES ANIMAL FIGHTING
PARAPHERNALIA UNDER  ANY  CIRCUMSTANCE  EVINCING  AN  INTENT  THAT  SUCH
PARAPHERNALIA  BE  USED  TO ENGAGE IN OR OTHERWISE PROMOTE OR FACILITATE
ANIMAL FIGHTING.
  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 SHEL-
TER; 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

S. 1776                             9

  4. HAVING NO JUSTIFIABLE PURPOSE, 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  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.  NOTHING  HEREIN  CONTAINED   SHALL   BE
CONSTRUED TO PROHIBIT OR INTERFERE WITH ANY PROPERLY CONDUCTED SCIENTIF-
IC  TESTS,  EXPERIMENTS,  OR  INVESTIGATIONS INVOLVING THE USE OF LIVING
ANIMALS, PERFORMED OR CONDUCTED IN LABORATORIES OR  INSTITUTIONS,  WHICH
ARE APPROVED FOR THESE PURPOSES BY THE STATE COMMISSIONER OF HEALTH. THE
STATE  COMMISSIONER OF HEALTH SHALL PRESCRIBE THE RULES UNDER WHICH SUCH
APPROVALS SHALL BE GRANTED, INCLUDING THEREIN  STANDARDS  REGARDING  THE
CARE  AND  TREATMENT  OF ANY SUCH ANIMALS. SUCH RULES SHALL BE PUBLISHED
AND COPIES THEREOF CONSPICUOUSLY  POSTED  IN  EACH  SUCH  LABORATORY  OR
INSTITUTION. THE STATE COMMISSIONER OF HEALTH OR HIS OR HER DULY AUTHOR-
IZED 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:
  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. 1776                            10

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. HAVING NO JUSTIFIABLE PURPOSE, HE OR SHE  TAMPERS  WITH  AN  ANIMAL
USED  FOR THE PURPOSES OF RACING, BREEDING, OR COMPETITIVE EXHIBITION OF
SKILL, BREED, OR STAMINA, OR OTHERWISE INTERFERES WITH  SUCH  AN  ANIMAL
DURING A RACE 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-
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.

S. 1776                            11

  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.
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

S. 1776                            12

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.
  FAILURE TO PROVIDE APPROPRIATE SHELTER FOR DOGS  LEFT  OUTDOORS  IS  A
VIOLATION.
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 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.
  CONFINEMENT  OF COMPANION ANIMALS IN VEHICLES; EXTREME TEMPERATURES IS
A VIOLATION.
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

S. 1776                            13

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
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. 1776                            14

  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
  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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