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

                                   352

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by M. of A. ROSENTHAL, LAVINE, RUSSELL, BRINDISI, MONTESANO,
  TENNEY, ENGLEBRIGHT, FAHY,  JAFFEE,  COLTON,  SKOUFIS,  OTIS,  THIELE,
  ORTIZ, STECK, WEPRIN, DAVILA, CURRAN -- Multi-Sponsored by -- M. of A.
  BROOK-KRASNY,  CERETTO,  GARBARINO, GLICK, HEVESI, LUPARDO, LUPINACCI,
  McDONALD,  SCHIMEL,  SKARTADOS,  SOLAGES,  WALTER  --  read  once  and
  referred 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

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

                                                           LBD02021-02-5

A. 352                              2

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
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:

A. 352                              3

  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 THIS article  [twenty-six  of
the  agriculture  and  markets  law]  OR  ANY  PROVISIONS OF ARTICLE TWO
HUNDRED EIGHTY OF THE PENAL LAW. Any officer or agent  of  any  of  said
societies  may lawfully interfere to prevent the perpetration of any act
of cruelty upon any animal in his OR HER presence. Any of said societies
may prefer a complaint before any court, tribunal or  magistrate  having
jurisdiction,  for  the  violation  of  any law relating to or affecting
animals and may aid in presenting the law and facts before  such  court,
tribunal or magistrate in any proceeding taken.
  S  6. Subdivision 6 of section 373 of the agriculture and markets law,
as amended by chapter 256 of the laws of 1997, paragraph a and  subpara-
graph  1  of  paragraph b as amended by chapter 531 of the laws of 2013,
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
FOR  AN  ANIMAL  CRUELTY  OFFENSE, THEN, upon arraignment of charges, or
within a reasonable time thereafter, [the] A duly  incorporated  society
for  the prevention of cruelty to animals, humane society, pound, animal
shelter, SHERIFF, MUNICIPAL POLICE DEPARTMENT, DISTRICT ATTORNEY or  any
authorized  agents  thereof, 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  district
attorney  prosecuting  the  charges  may  file  and obtain the requested
relief on behalf of the impounding organization if requested to do so by
the impounding organization. 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 if the district attorney  has  not  filed  the
petition  on behalf of the petitioner. The petitioner shall also serve a
true copy of the petition on any interested person. For purposes of this
subdivision, interested person shall mean  an  individual,  partnership,

A. 352                              4

firm,  joint  stock  company, corporation, association, trust, estate or
other legal entity who the court determines may have a pecuniary  inter-
est  in  the animal which is the subject of the petition. The petitioner
or  the district attorney acting on behalf of 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 security.
  (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-
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-

A. 352                              5

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 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.

A. 352                              6

  4.  NO DOG OR CAT IN THE CUSTODY OF A DULY  INCORPORATED  SOCIETY  FOR
THE PREVENTION OF CRUELTY TO ANIMALS, A DULY INCORPORATED HUMANE SOCIETY
OR  ITS AUTHORIZED AGENTS THEREOF, OR A POUND OR SHELTER, SHALL BE SOLD,
TRANSFERRED OR OTHERWISE MADE AVAILABLE TO ANY PERSON FOR THE PURPOSE OF
RESEARCH,  EXPERIMENTATION  OR  TESTING.  NO  AUTHORIZED AGENT OF A DULY
INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, NOR OF  A
DULY  INCORPORATED  HUMANE  SOCIETY,  SHALL USE ANY ANIMAL PLACED IN ITS
CUSTODY BY THE DULY INCORPORATED SOCIETY FOR THE PREVENTION  OF  CRUELTY
TO  ANIMALS  OR  DULY  INCORPORATED  HUMANE  SOCIETY  FOR THE PURPOSE OF
RESEARCH, EXPERIMENTATION OR TESTING.
  5. 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. Part 3 of 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.

A. 352                              7

        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.
        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.

A. 352                              8

  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
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,

A. 352                              9

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
  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 OF THIS ARTICLE 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

A. 352                             10

ARTICLE  TWENTY-ONE OF THE PUBLIC HEALTH LAW, OR THE DISPATCH OF ANIMALS
POSING A THREAT TO HUMAN SAFETY OR OTHER ANIMALS, WHERE SUCH  ACTION  IS
OTHERWISE  LEGALLY  AUTHORIZED,  OR  ANY  PROPERLY  CONDUCTED SCIENTIFIC
TESTS,  EXPERIMENTS,  OR  INVESTIGATIONS  INVOLVING  THE  USE  OF LIVING
ANIMALS, PERFORMED OR CONDUCTED IN LABORATORIES OR INSTITUTIONS APPROVED
FOR SUCH PURPOSES BY THE COMMISSIONER  OF  HEALTH  PURSUANT  TO  SECTION
280.20 OF THIS ARTICLE.
  ANIMAL CRUELTY IN THE FIRST DEGREE IS A CLASS D FELONY.
S 280.30 UNLAWFUL DEALING  WITH  ANIMALS  USED  FOR RACING, BREEDING, OR
           COMPETITIVE EXHIBITION OF SKILL, BREED OR STAMINA.
  A PERSON IS GUILTY OF UNLAWFUL DEALING WITH ANIMALS USED  FOR  RACING,
BREEDING,  OR  COMPETITIVE  EXHIBITION  OF SKILL, BREED, OR STAMINA WHEN
SUCH PERSON:
  1. COMMITS THE CRIME  OF  ANIMAL  CRUELTY  IN  THE  SECOND  DEGREE  IN
VIOLATION  OF  SECTION  280.20  OF  THIS  ARTICLE, AND SUCH ANIMAL IS AN
ANIMAL USED FOR THE PURPOSES OF RACING, BREEDING OR COMPETITIVE  EXHIBI-
TION OF SKILL, BREED, OR STAMINA; OR
  2.  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

A. 352                             11

EVIDENCE  THAT  THE  INDIVIDUAL  HAVING  OWNERSHIP,  POSSESSION,   CARE,
CONTROL,  CHARGE  OR  CUSTODY OVER SAID COMPANION ANIMAL DID NOT SEE THE
ANIMAL FOLLOWING THE TERMINATION OF THE ABDUCTION AND PRIOR TO TRIAL AND
RECEIVED  NO  RELIABLE INFORMATION DURING SUCH PERIOD PERSUASIVELY INDI-
CATING THAT SUCH ANIMAL WAS ALIVE.
  ANIMAL ABDUCTION IN THE FIRST DEGREE IS A CLASS D FELONY.
S 280.55 UNAUTHORIZED  POSSESSION  OF  ANIMAL  PRESUMPTIVE  EVIDENCE  OF
           RESTRAINT AND ABDUCTION.
  THE  UNAUTHORIZED POSSESSION OF A COMPANION ANIMAL BY ANY PERSON WITH-
OUT THE CONSENT OF THE INDIVIDUAL HAVING  OWNERSHIP,  POSSESSION,  CARE,
CONTROL,  CHARGE  OR  CUSTODY  OVER  SAID COMPANION ANIMAL, FOR A PERIOD
EXCEEDING TEN DAYS, WITHOUT NOTIFYING EITHER SAID INDIVIDUAL, THE  LOCAL
POLICE  AUTHORITIES,  THE LOCAL MUNICIPAL SHELTER OR POUND OR THE OFFICE
OF THE SUPERINTENDENT OF THE STATE POLICE LOCATED IN ALBANY,  NEW  YORK,
OF  SUCH  POSSESSION,  SHALL  BE  PRESUMPTIVE  EVIDENCE OF RESTRAINT AND
ABDUCTION.
S 280.60 APPROPRIATE SHELTER FOR DOGS LEFT OUTDOORS.
  1. FOR PURPOSES OF THIS SECTION:
  (A) "PHYSICAL CONDITION" SHALL INCLUDE ANY SPECIAL MEDICAL NEEDS OF  A
DOG  DUE TO DISEASE, ILLNESS, INJURY, AGE OR BREED ABOUT WHICH THE OWNER
OR PERSON WITH CUSTODY OR CONTROL OF THE DOG SHOULD REASONABLY BE AWARE.
  (B) "INCLEMENT WEATHER" SHALL MEAN WEATHER CONDITIONS THAT ARE  LIKELY
TO  ADVERSELY  AFFECT THE HEALTH OR SAFETY OF THE DOG, INCLUDING BUT NOT
LIMITED TO RAIN, SLEET, ICE, SNOW, WIND, OR EXTREME HEAT AND COLD.
  (C) "DOGS THAT ARE LEFT OUTDOORS" SHALL MEAN DOGS THAT ARE OUTDOORS IN
INCLEMENT WEATHER WITHOUT READY ACCESS TO, OR THE ABILITY  TO  ENTER,  A
HOUSE,  APARTMENT  BUILDING,  OFFICE  BUILDING,  OR  ANY OTHER PERMANENT
STRUCTURE THAT COMPLIES WITH THE STANDARDS ENUMERATED IN  PARAGRAPH  (B)
OF SUBDIVISION THREE OF THIS SECTION.
  2.  (A) ANY PERSON WHO OWNS OR HAS CUSTODY OR CONTROL OF A DOG THAT IS
LEFT OUTDOORS SHALL PROVIDE IT WITH SHELTER APPROPRIATE  TO  ITS  BREED,
PHYSICAL  CONDITION  AND  CLIMATE. ANY PERSON WHO KNOWINGLY VIOLATES THE
PROVISIONS OF THIS SECTION SHALL BE GUILTY OF A VIOLATION, PUNISHABLE BY
A FINE OF NOT LESS THAN FIFTY DOLLARS NOR MORE THAN ONE HUNDRED  DOLLARS
FOR A FIRST OFFENSE, AND A FINE OF NOT LESS THAN ONE HUNDRED DOLLARS NOR
MORE THAN TWO HUNDRED FIFTY DOLLARS FOR A SECOND AND SUBSEQUENT OFFENSE.
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-

A. 352                             12

TURALLY SOUND WITH INSULATION APPROPRIATE TO LOCAL  CLIMATIC  CONDITIONS
AND  SUFFICIENT  TO  PROTECT  THE  DOG  FROM  INCLEMENT  WEATHER; (3) BE
CONSTRUCTED TO ALLOW EACH DOG  ADEQUATE  FREEDOM  OF  MOVEMENT  TO  MAKE
NORMAL  POSTURAL  ADJUSTMENTS,  INCLUDING  THE ABILITY TO STAND UP, TURN
AROUND AND LIE DOWN WITH ITS  LIMBS  OUTSTRETCHED;  AND  (4)  ALLOW  FOR
EFFECTIVE  REMOVAL  OF EXCRETIONS, OTHER WASTE MATERIAL, DIRT AND TRASH.
THE HOUSING FACILITY AND THE AREA IMMEDIATELY SURROUNDING  IT  SHALL  BE
REGULARLY  CLEANED TO MAINTAIN A HEALTHY AND SANITARY ENVIRONMENT AND TO
MINIMIZE HEALTH HAZARDS.
  4. INADEQUATE SHELTER MAY BE INDICATED BY THE APPEARANCE OF THE  HOUS-
ING  FACILITY  ITSELF,  INCLUDING  BUT  NOT LIMITED TO, SIZE, STRUCTURAL
SOUNDNESS, EVIDENCE OF CROWDING WITHIN THE HOUSING  FACILITY,  HEALTHFUL
ENVIRONMENT IN THE AREA IMMEDIATELY SURROUNDING SUCH FACILITY, OR BY THE
APPEARANCE OR PHYSICAL CONDITION OF THE DOG.
  5.  UPON  A  FINDING OF ANY VIOLATION OF THIS SECTION, ANY DOG OR DOGS
SEIZED PURSUANT TO THE PROVISIONS OF THIS ARTICLE  THAT  HAVE  NOT  BEEN
VOLUNTARILY  SURRENDERED BY THE OWNER OR CUSTODIAN OR FORFEITED PURSUANT
TO COURT ORDER SHALL BE RETURNED TO THE OWNER  OR  CUSTODIAN  ONLY  UPON
PROOF  THAT  APPROPRIATE  SHELTER  AS  REQUIRED BY THIS SECTION IS BEING
PROVIDED.
  6.  NOTHING  IN  THIS  SECTION  SHALL  BE  CONSTRUED  TO  AFFECT   ANY
PROTECTIONS AFFORDED TO DOGS OR OTHER ANIMALS UNDER ANY OTHER PROVISIONS
OF THIS ARTICLE.
  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.

A. 352                             13

  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
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 1 of the laws of 2013, 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, eight,
nine or ten 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

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490.20, falsely reporting an incident in the first degree as defined  in
section 240.60, placing a false bomb or hazardous substance in the first
degree  as  defined in section 240.62, placing a false bomb or hazardous
substance  in a sports stadium or arena, mass transportation facility or
enclosed shopping mall as defined in section  240.63,  [and]  aggravated
unpermitted use of indoor pyrotechnics in the first degree as defined in
section  405.18,  AND  ANIMAL  CRUELTY IN THE FIRST DEGREE AS DEFINED IN
SUBDIVISION ONE, TWO OR THREE OF SECTION 280.25.
  S 12. Section 195.06 of the penal law, as added by chapter 42  of  the
laws of 1986, is amended to read as follows:
S 195.06 Killing or injuring a police animal.
  A  person  is  guilty of killing or injuring a police animal when such
person intentionally kills or injures any animal while such animal is in
the performance of its duties and under the supervision of a  police  or
peace officer.
  Killing or injuring a police animal is a class [A misdemeanor] D FELO-
NY.
  S  13. Section 195.11 of the penal law, as added by chapter 344 of the
laws of 1989, is amended to read as follows:
S 195.11 Harming an animal trained to aid a person with a disability  in
           the second degree.
  A person is guilty of harming an animal trained to aid a person with a
disability  in  the  second degree when such person intentionally causes
physical injury to such animal while it is in the performance of  aiding
a person with a disability, and thereby renders such animal incapable of
providing such aid to such person, or to another person with a disabili-
ty.
  For  purposes  of this section and section 195.12 of this article, the
term "disability" means "disability" as defined in  subdivision  twenty-
one of section two hundred ninety-two of the executive law.
  Harming  an  animal  trained  to aid a person with a disability in the
second degree is a class [B] A misdemeanor.
  S 14. Section 195.12 of the penal law, as added by chapter 344 of  the
laws of 1989, is amended to read as follows:
S  195.12 Harming an animal trained to aid a person with a disability in
           the first degree.
  A person is guilty of harming an animal trained to aid a person with a
disability in the first degree when such person:
  1. intentionally causes physical injury to such animal while it is  in
the  performance  of  aiding  a  person  with  a disability, and thereby
renders such animal permanently incapable of providing such aid to  such
person, or to another person with a disability; or
  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 1 of the laws of 2013, 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 AN 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

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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.