S T A T E   O F   N E W   Y O R K
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                                  7138

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 24, 2015
                               ___________

Introduced  by M. of A. TEDISCO -- Multi-Sponsored by -- M. of A. FINCH,
  KATZ, MALLIOTAKIS,  McDONOUGH,  McKEVITT,  McLAUGHLIN,  OAKS,  RIVERA,
  TENNEY -- read once and referred to the Committee on Agriculture

AN ACT to amend the agriculture and markets law, in relation to increas-
  ing penalties for the owners of dangerous dogs

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

  Section 1. Subdivisions 6, 7 and 8 of section 123 of  the  agriculture
and  markets law, subdivision 6 as amended by chapter 392 of the laws of
2004, subdivisions 7 and 8 as amended by chapter  526  of  the  laws  of
2005,  and such section as renumbered by section 18 of part T of chapter
59 of the laws of 2010, are amended and a new subdivision 15 is added to
read as follows:
  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 causing physical injury shall be subject to a civil penal-
ty not to exceed [four hundred] ONE THOUSAND dollars in addition to  any
other applicable penalties.
  7.  The  owner  of a dog who, through any act or omission, negligently
permits his or her dog to bite a person causing serious physical  injury
shall be subject to a civil penalty UP TO A CLASS E FELONY PUNISHABLE BY
A  FINE  OF  not to exceed [one] FIVE thousand [five hundred] dollars in
addition to any other applicable penalties.  Any  such  penalty  may  be
reduced  by  any amount which is paid as restitution by the owner of the
dog to the person  or  persons  suffering  serious  physical  injury  as
compensation  for unreimbursed medical expenses, lost earnings and other
damages resulting from such injury.
  8. The owner of a dog who, through any act  or  omission,  negligently
permits  his  or  her  dog,  which  had previously been determined to be
dangerous pursuant to this article, to bite  a  person  causing  serious
physical  injury,  shall  be  guilty  of  a [misdemeanor] CLASS E FELONY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02598-01-5
              

A. 7138                             2

punishable by a fine of not more than [three] FIVE thousand dollars,  or
by a period of imprisonment not to exceed [ninety days] TWO YEARS, or by
both  such  fine  and  imprisonment  in addition to any other applicable
penalties.  Any  such fine may be reduced by any amount which is paid as
restitution by the owner of the dog to the person or  persons  suffering
serious   physical  injury  as  compensation  for  unreimbursed  medical
expenses, lost earnings and other damages resulting from such injury.
  15. ANY PERSON FOUND TO BE IN VIOLATION OF SUBDIVISION SIX,  SEVEN  OR
EIGHT  OF  THIS  SECTION  AND  WHO HAS EVER BEEN CONVICTED OF ANY FELONY
OFFENSE UNDER TITLE H OF PART THREE OF THE PENAL LAW SHALL BE SUBJECT TO
FURTHER INVESTIGATION, INCLUDING, BUT NOT LIMITED TO A  SEARCH  OF  SUCH
PERSON'S PERSONAL AND REAL PROPERTY AND THE SEIZURE OF ANY ILLEGAL MATE-
RIALS.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.