NY State Senate Bill 2015-S2338

Archive: Last Bill Status - In Senate Committee Agriculture 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
Jan 06, 2016	referred to agriculture
Jan 22, 2015	referred to agriculture

2015-S2338 (ACTIVE) - Details

See Assembly Version of this Bill:: A7143
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §123, Ag & Mkts L
Versions Introduced in 2017-2018 Legislative Session:: S5620, A4464

2015-S2338 (ACTIVE) - Summary

Relates to dangerous dogs; includes what an officer shall articulate in the determination of whether a dog is dangerous; extends the definition of a dangerous dog to include a dog that has caused unjustified physical injury or death to a companion animal or domestic animal.

2015-S2338 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2338

TITLE OF BILL:  An act to amend the agriculture and markets law, in
relation to dangerous dogs

PURPOSE:

To provide greater protection to dog owners and to make the process of
determining when a dog is a dangerous dog streamlined.

SUMMARY OF PROVISIONS:

Section 1 of this bill amends subdivision 1 of section 123 of the
Agriculture and Markets Law to clarify the procedure for reporting an
attack by a dog, against a companion animal. The procedure is that it
must be immediately reported to a police officer or dog control
officer, and at the point the dog control officer or police officer
must immediately inform the complainant of his or her right to
commence a proceeding that is described in subdivision 2 of this
section, and also determine if there is reason to believe that the dog
is a dangerous dog before leaving the scene. If the officer determines
that there is a reason to believe the dog is a dangerous dog, the
officer must commence such proceeding himself. When the officer makes
this determination, the officer has to articulate whether he or she
believes that the dog (1) attacked or threatened to attack a person,
companion animal, or domestic animal without justification, or (2)

behaved in such a manner which a reasonable person would believe poses
serious and unjustified imminent threat of serious physical injury or
death to one or more persons, companion animals, farm animals or
domestic animals.

This section also amends paragraph (c) of subdivision 3 and
subdivision 6 of section 123 of the Agriculture and Markets Law with
technical changes to reflect the above additions.

Section 2 of this bill provides that this act shall take effect
immediately.

EXISTING LAW:

The current procedure provided in subdivision one of section 123 of
the agriculture and markets did not provide for a clear way to
determine when a dog would be considered a dangerous dog in the case
of attacks that lead to serious injury or death of a domestic animal.

JUSTIFICATION:

This legislation broadens the scope of the determination of when a dog
is a dangerous dog. Previously, there was confusion over who handled
this determination, especially in relation to dog attacks where
another dog is injured or killed.

Recently, there have been multiple instances of larger dogs attacking
and killing smaller breeds of dogs in the New York City area. When
reported in New York City, there have been issues for New Yorkers who
have attempted to find recourse under the law. There had been mixed
messages of who handled reports of dogs attacking other dogs. This


amendment seeks to clear up how and when dangerous dog determinations
are made, and by whom these determinations can be made.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None to the state.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S2338 (ACTIVE) - Bill Text download pdf

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

                                  2338

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 22, 2015
                               ___________

Introduced  by  Sen.  GOLDEN -- 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, in relation to  danger-
  ous dogs

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

  Section 1. Subdivision 1, paragraph (c) of subdivision 3, and subdivi-
sion 6 of section 123 of the agriculture and markets law, subdivision  1
as  amended  and  such  section as renumbered by section 18 of part T of
chapter 59 of the laws of 2010, paragraph (c) of subdivision 3 as  added
and  subdivision  6  as  amended by chapter 392 of the laws of 2004, are
amended to read as follows:
  1. Any person who witnesses an attack or threatened attack, or in  the
case  of  a  minor,  an adult acting on behalf of such minor, may make a
complaint of an attack or threatened attack  upon  a  person,  companion
animal  as  defined in section three hundred fifty of this chapter, farm
animal as defined in such section three hundred  fifty,  or  a  domestic
animal  as  defined in subdivision seven of section one hundred eight of
this article to a dog control officer or police officer of the appropri-
ate municipality. Such officer shall:
  (A) immediately inform the complainant of his or her right to commence
a proceeding as provided in subdivision two of this section; and[,]
  (B) DETERMINE if there is reason to believe THAT the dog is a  danger-
ous  dog[,]  BEFORE  LEAVING  THE  SCENE. IF THE OFFICER DETERMINES THAT
THERE IS A REASON TO BELIEVE THE DOG IS A  DANGEROUS  DOG,  the  officer
shall  forthwith  commence  such  proceeding  himself or herself.   WHEN
MAKING SUCH A DETERMINATION, THE OFFICER SHALL ARTICULATE WHETHER HE  OR
SHE  BELIEVES  THAT  THE  DOG  (I)  ATTACKED OR THREATENED TO ATTACK THE
PERSON, COMPANION ANIMAL OR DOMESTIC ANIMAL  WITHOUT  JUSTIFICATION,  OR
(II) BEHAVES IN A MANNER WHICH A REASONABLE PERSON WOULD BELIEVE POSES A
SERIOUS  AND  UNJUSTIFIED  IMMINENT THREAT OF SERIOUS PHYSICAL INJURY OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08044-01-5

S. 2338                             2

DEATH TO ONE OR MORE PERSONS, COMPANION ANIMALS, FARM ANIMALS OR  DOMES-
TIC ANIMALS.
  (c)  the dog, without justification, caused serious physical injury or
death to a companion animal, farm animal or domestic animal, and has, in
the past two years, caused unjustified physical injury  or  death  to  a
companion  [or] ANIMAL, farm animal OR DOMESTIC ANIMAL as evidenced by a
"dangerous dog" finding pursuant to the provisions of this section.
  6. The owner of a dog who, through any act  or  omission,  negligently
permits  his  or  her dog to bite a person, service dog, guide dog [or],
hearing dog, COMPANION ANIMAL OR DOMESTIC ANIMAL causing physical injury
shall be subject to a civil penalty not to exceed four  hundred  dollars
in addition to any other applicable penalties.
  S 2. This act shall take effect immediately.

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Senate Bill S2338

Sponsored By

Archive: Last Bill Status - In Senate Committee Agriculture Committee

2015-S2338 (ACTIVE) - Details

2015-S2338 (ACTIVE) - Summary

2015-S2338 (ACTIVE) - Sponsor Memo

2015-S2338 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2338

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Sponsored By

Martin J. Golden

Archive: Last Bill Status - In Senate Committee Agriculture Committee

2015-S2338 (ACTIVE) - Details

2015-S2338 (ACTIVE) - Summary

2015-S2338 (ACTIVE) - Sponsor Memo

2015-S2338 (ACTIVE) - Bill Text download pdf

Comments