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Assembly Bill A4786

2015-2016 Legislative Session

Prohibits the ownership, possession or harboring of a wild animal or reptile

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2015-A4786 (ACTIVE) - Details

Law Section:
Agriculture and Markets Law
Laws Affected:
Amd ยง370, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:
2009-2010: A7935
2011-2012: A2564
2013-2014: A2869

2015-A4786 (ACTIVE) - Summary

Prohibits the ownership, possession or harboring of a wild animal or reptile; makes violation a class E felony.

2015-A4786 (ACTIVE) - Bill Text download pdf 

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

                                  4786

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2015
                               ___________

Introduced  by M. of A. CLARK -- read once and referred to the Committee
  on Agriculture

AN ACT to amend the agriculture and markets law, in relation to  prohib-
  iting  the  ownership,  possession  or  harboring  of a wild animal or
  reptile

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

  Section 1. Section 370 of the agriculture and markets law, as added by
chapter 1047 of the laws of 1965, is amended to read as follows:
  S 370. [Protection  of  the  public from attack by] PROHIBITION OF THE
OWNERSHIP, POSSESSION OR HARBORING OF wild  animals  and  reptiles.  Any
person  owning, possessing or harboring a wild animal or reptile capable
of inflicting bodily harm upon a human being[, who shall fail  to  exer-
cise due care in safeguarding the public from attack by such wild animal
or reptile,] is guilty of a [misdemeanor, punishable by imprisonment for
not  more  than  one  year,  or  by a fine of not more than five hundred
dollars, or by both] CLASS E FELONY AS DEFINED BY THE PENAL  LAW.    FOR
THE  PURPOSES  OF THIS SECTION, "[Wild] WILD animal" [within the meaning
of this section, shall not include  a  dog  or  cat  or  other  domestic
animal]  IS  DEFINED  IN ACCORDANCE TO PARAGRAPH E OF SUBDIVISION SIX OF
SECTION 11-0103 OF THE ENVIRONMENTAL CONSERVATION LAW.
  Previous attacks upon a human being by such wild animal or reptile, or
knowledge of the vicious propensities of such wild animal or reptile, on
the part of the possessor or harborer thereof, shall not be required  to
be  proven  by  the people upon a prosecution hereunder; and neither the
fact that such wild animal or reptile  has  not  previously  attacked  a
human  being,  nor lack of knowledge of the vicious propensities of such
wild animal or reptile on the part of the owner, possessor  or  harborer
thereof shall constitute a defense to a prosecution hereunder.
  S 2. 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.
                                                           LBD08594-01-5

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