senate Bill S4275

2013-2014 Legislative Session

Relates to killing or injuring a police animal

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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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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
Mar 19, 2013 referred to codes

S4275 - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §195.06, add §195.09, Pen L

S4275 - Bill Texts

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Relates to killing or injurying a police animal; increases the crime of killing a police animal to a class E felony.

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BILL NUMBER:S4275

TITLE OF BILL: An act to amend the penal law, in relation to killing
or injuring a police animal

PURPOSE: This bill creates a class E felony offense for the killing
of a police animal.

SUMMARY OF PROVISIONS:

Section 1 amends Section 195.06 of the Penal Law to apply to the
injuring of a police animal only.

Section 2 adds a new section 195.09 to the Penal Law to create the
crime of the killing of a police animal as a class E felony.

EXISTING LAW:

Currently, both the killing and injuring of a police animal are
classified as a class A misdemeanor. This bill would change the
killing of a police animal to a class E felony. The injuring of a
police animal would remain a class A misdemeanor.

JUSTIFICATION:

The killing of a police animal is a serious offense that should be
treated differently from the injuring of a police animal. Currently,
the injuring or the killing of a police animal is considered the same
crime, a class A misdemeanor. This legislation seeks to differentiate
the two crimes. The injuring of a police animal remains a class A
misdemeanor. The crime of killing a police animal is elevated to a
class E felony.

Now more than ever, police animals, especially dogs, are being trained
and dispatched to assist law enforcement in the most dangerous and
high risk situations. Often times, a police animal precedes the police
officers into a situation. This tactic began in the military and has
carried over to local police departments with much success. Police
animals, especially dogs, are now assisting law enforcement in several
ways, including use of their superior sense of smell and their ability
to carry a small camera into a situation undetected.

With new and increased responsibilities, police animals now face new
and increased risks, which warrant a new and increased penalty for the
killing of a police animal. In March 2013, an FBI police dog named Ape
was shot and killed in Herkimer, New York as he preceded law
enforcement officers in entering the location where a suspect was
hiding after killing four people and injuring two others.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None.

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


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

                                  4275

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 19, 2013
                               ___________

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

AN ACT to amend the penal law, in relation  to  killing  or  injuring  a
  police animal

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

  Section 1. 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] 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] INJURING a police animal is a class A  misdemea-
nor.
  S  2.  The penal law is amended by adding a new section 195.09 to read
as follows:
S 195.09 KILLING A POLICE ANIMAL.
  A PERSON IS GUILTY OF KILLING A POLICE ANIMAL WHEN SUCH PERSON  INTEN-
TIONALLY KILLS ANY ANIMAL WHILE SUCH ANIMAL IS IN THE PERFORMANCE OF ITS
DUTIES AND UNDER THE SUPERVISION OF A POLICE OR PEACE OFFICER.
  KILLING A POLICE ANIMAL IS A CLASS E FELONY.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09947-01-3

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