NY State Senate Bill 2017-S1403

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to agriculture
Jan 09, 2017	referred to agriculture

2017-S1403 (ACTIVE) - Details

Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §§350, 353, 353-a & 353-b, Ag & Mkts L
Versions Introduced in 2015-2016 Legislative Session:: S7580

2017-S1403 (ACTIVE) - Summary

Provides greater protection for companion pets left outdoors; expands "companion animal" or "pet" to include rabbits, hamsters and birds; makes related provisions.

2017-S1403 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1403

 TITLE OF BILL :

An act to amend the agriculture and markets law, in relation to
providing greater protection for companion pets left outdoors

 PURPOSE :

This bill updates provisions of New York's Cruelty to Animals Law by
providing greater protection for companion animals left outdoors and
bringing the law up-to-date with other state cruelty laws.

 SUMMARY OF PROVISIONS :

Section 1 of this bill amends subdivision 3, added by chapter 619 of
the laws of 1987, and subdivision 5, as amended by chapter 118 of the
laws of 1999, of section 350 of the agriculture and markets law.
Subdivision 3 is amended to replace the language "pet, of any dog or
cat" with the phrase "companion animal". Subdivision 5 is amended to
include rabbits, hamsters, and birds in the definition of a companion
animal.

Section 2 of this bill amends the opening paragraph of section 353 of
the agriculture and markets law, as amended by chapter 523 of the laws
of 2005, to include adequate care, shelter, and reasonable veterinary

care.

Section 3 of this bill amends subdivisions 1 and 3 of section 353-a of
the agriculture and markets law, as added by chapter 118 of the laws
of 1999. Subdivision 1 is amended to include the word "maliciously" in
the mental element of the crime, and remove language defining
aggravated cruelty as conduct intended to cause extreme physical pain
or that is done or carried out in a depraved or sadistic manner.
Subdivision 3 is amended to remove the two-year term of imprisonment
restriction on the penalty for those convicted of this offense.

Section 4 of this bill amends section 353-b of the agriculture and
markets law, as added by chapter 594 of the laws of 2003. The title of
this section is amended to read appropriate shelter for dogs or other
companion animals. Subdivision 1 of this section is amended to add
references to companion animals, where necessary, remove paragraph (b)
concerning inclement weather, and add the time limit of one hour for
an animal to be outside without access to permanent structure.

Subdivision 2 paragraph (a) of this section is amended to raise the
fines for a second offense from $100 to $200 at minimum and $250 to
$300 at maximum and add the language "unless the violation rises to
the level of a violation pursuant to section three hundred fifty-three
or section three hundred fifty-three-a of this article.  The language
"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 the 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 provision of this section shall constitute a
separate offense" is removed.

Subdivision 2 paragraph (b) and Subdivision 3 of this section are
amended to make proper reference to companion animals, in addition to
dogs, replace references to "it" to "animal", and other minor changes.
Subdivision 4-a is added to this section stating that there shall be a
presumption that a dog or other companion animal left outside in the
following conditions, will be a violation of this subdivision or a
violation of section three hundred fifty-three or section three
hundred fifty-three-a of this article: (a) a weather warning issued is
in effect; or (b) in extremely hear or cold that a reasonable person
should know such temperature or weather condition poses a risk to the
animal; or if other outdoor environmental conditions, including, but
not limited to, wind, rain, snow, ice, sleet, hail, pose a reasonable
risk based on the animal's size, age, physical condition, or breed and
taking into account the shelter provided for the animal or when the
outdoor temperature is below twenty degrees or above ninety degrees
Fahrenheit.

Subdivision 5 is amended to not allow animals seized pursuant to the
provision of this article to be return to the owner until any criminal
charges are concluded and disposition of the animal has been
determined by the court. Where charges are dismissed or the defendant
is found not guilty, the animal may be returned to the owner if so
ordered by the court and upon proof that appropriate shelter has been
provided.

Subdivision 6 is amended to specify that nothing in this section shall
in anyway supersede or preclude charges pursuant to section three
hundred fifty-three or section three hundred fifty-three-a of this
article.

Subdivision 7 is added to this section to specify that nothing in this
section shall prevent an immediate seizure of a dog or other animal in
a dangerous situation due to weather conditions, or the condition of
the animal or immediate risk to the animal, or to preclude animals
being seized as evidence pursuant to any charge filed for a violation
of section three hundred fifty-three or section three hundred
fifty-three-a of this article.

Section 5 of this bill states that this act shall take effect on the
one hundred twentieth day after it shall have become a law; provided;
however, that effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date is authorized and directed to be made
and completed on or before such effective date.

 JUSTIFICATION :

This bill updates provisions of New York's Cruelty to Animals Law to
fix current enforcement issues and bring the law's strength up to date
with other state cruelty laws, such as New Jersey. These changes will
not only improve the laws, but increase our ability to prosecute
crimes against animals.

First, this bill would extend the definition of companion animals to
include other common domesticated animals, such as rabbits, hamsters,
and birds. It would also add "adequate care", "shelter" and
"reasonably veterinary care" to the Section 353 crime of failing to
provide proper sustenance, as a majority of other states already
include.

Second, and most importantly, this bill fixes New York's aggravated
cruelty to animals' law, which is one of the worst in the country. As
is, Section 353-a, only applies to companion animals, allowing the
crime of intentionally killing or causing serious physical injury to
any other animal (with the exception of lawful hunting, trapping, and
fishing) to be punished only as a misdemeanor, no matter how
horrendous the crime is. In New Jersey and many other states these
acts would be covered under their felony cruelty to animals' law.
This bill amends this section to match how other states treat these
crimes.

Likewise, under subdivision 3 of this section, this bill would remove
language preventing these crimes from receiving the same sentencing
that other crimes of the same degree would under New York's penal law.
Third, this bill fixes issues in Section 353-b concerning appropriate
shelter for dogs. The bill extends this section by applying it to
other companion animals, such as cats. Subdivision 2 of this section
is amended to specify that this violation could rise to a Section 353
or 353-a violation. This bill also creates a presumption that there is
a violation of this

Section or Section 353 or 353-a where a dog is left outdoors for more
than one hour:

1. When a weather warning issued is in effect;

2. In extreme heat or cold that a reasonable person should know poses
a risk to the animal; or

3. Where the temperature is below 20 degrees or above 90 degrees
Fahrenheit.

Veterinary experts, including the American Veterinary Medical
Association, publicly acknowledge that cats and dogs should be kept
inside during cold weather and no pet-no matter the breed-should be
left outside for long periods of time in below-freezing weather.

Other weather conditions, such as wind-chill can threaten a pet's
life. Pets are extremely sensitive to severe cold and are at risk for
frostbite and hypothermia during extreme cold. Exposed skin on noses,
ears and paw pads can quickly freeze and suffer permanent damage.
Despite this knowledge, some pets continue to be left outdoors in
extreme weather conditions.

For example, just this year during Winter Storm Jonas when a historic
27.5 inches of snow covered New York City, two short-haired pitbulls
were left outside all night crying and whimpering. While authorities
were called multiple times and had previously been called on different
occasions, the dogs remained outside.

See:
http://www.dailymail.co.uldnews/article-3414124/Shocking-video-two-ol
d-dogs-whimpering-crying-snowedwinter-storm-Jonas-left-OUTSIDE.html.

Lastly, this bill prevents an animal seized pursuant to these sections
from being returned to the owner until criminal charges are concluded
and disposition of the animal has been determined by the court. The
bill also adds a final section stating that nothing in this section
shall prevent an immediate seizure of a dog or companion animal in a
dangerous situation or preclude animals being seized as evidence
pursuant to any charge filed for a violation of Section 353 or 353-a.

 LEGISLATIVE HISTORY :

2015-16: S.7580

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the one hundred twentieth day after it
shall have become a law; provided; however, that effective
immediately, the addition, amendment and/or repeal of any rule or
regulation necessary for the implementation of this act on its
effective date is authorized and directed to be made and completed on
or before such effective date.

2017-S1403 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1403
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2017
                                ___________
 
 Introduced  by  Sen.  AVELLA -- 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  provid-
   ing greater protection for companion pets left outdoors
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 3 and 5 of section 350 of the agriculture  and
 markets  law,  subdivision 3 as added by chapter 619 of the laws of 1987
 and subdivision 5 as amended by chapter 118 of the  laws  of  1999,  are
 amended to read as follows:
   3.  "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] COMPANION ANIMAL, seized or surrendered.
   5. "Companion animal" or "pet" means any dog or cat, [and  shall  also
 mean]  RABBIT,  HAMSTER,  BIRD OR 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  animal"  shall  not
 include a "farm animal" as defined in this section.
   §  2.  The  opening  paragraph  of  section 353 of the agriculture and
 markets law, as amended by chapter 523 of the laws of 2005,  is  amended
 to read as follows:
   A  person  who  overdrives,  overloads,  tortures  or cruelly beats or
 unjustifiably injures, maims, mutilates or  kills  any  animal,  whether
 wild  or  tame,  and  whether  belonging  to  himself  or to another, or
 deprives any animal of necessary sustenance, food [or], drink,  ADEQUATE
 CARE,  SHELTER  OR  REASONABLE VETERINARY CARE or neglects or refuses to
 furnish [it] THE ANIMAL such sustenance [or] , FOOD, drink, or  ADEQUATE
 CARE,  SHELTER  OR  REASONABLE  VETERINARY  CARE  OR causes, procures or
 permits any animal to be overdriven, overloaded, tortured, cruelly beat-
 en, or unjustifiably injured, maimed, mutilated  or  killed,  or  to  be
 deprived  of  necessary  food  [or],  drink,  ADEQUATE  CARE, SHELTER OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01261-01-7

 S. 1403                             2
 
 REASONABLE VETERINARY CARE or who wilfully  sets  on  foot,  instigates,
 engages  in, or in any way furthers any act of cruelty to any animal, or
 any act tending to produce such cruelty, is guilty of a class  A  misde-
 meanor  and  for purposes of paragraph (b) of subdivision one of section
 160.10 of the criminal procedure law, shall be treated as a  misdemeanor
 defined in the penal law.
   §  3.  Subdivisions  1  and  3 of section 353-a of the agriculture and
 markets law, as added by chapter 118 of the laws of 1999, are amended to
 read as follows:
   1. A person is guilty of aggravated cruelty to animals when,  with  no
 justifiable  purpose,  he  or  she intentionally OR MALICIOUSLY kills or
 intentionally OR  MALICIOUSLY  causes  serious  physical  injury  to  [a
 companion animal with aggravated cruelty.  For purposes of this section,
 "aggravated cruelty" shall mean conduct which:  (i) is intended to cause
 extreme  physical  pain; or (ii) is done or carried out in an especially
 depraved or sadistic manner] AN ANIMAL.
   3. Aggravated cruelty to animals is a felony. A defendant convicted of
 this offense shall be sentenced pursuant to paragraph (b) of subdivision
 one of section 55.10 of the penal law [provided, however, that any  term
 of  imprisonment  imposed for violation of this section shall be a defi-
 nite sentence, which may not exceed two years].
   § 4. Section 353-b of the agriculture and markets  law,  as  added  by
 chapter 594 of the laws of 2003, is amended to read as follows:
   § 353-b. Appropriate shelter for dogs [left outdoors] OR OTHER COMPAN-
 ION ANIMALS.  1. For purposes of this section:
   (a)  "Physical condition" shall include any special medical needs of a
 dog OR OTHER COMPANION ANIMAL due to disease, illness,  injury,  age  or
 breed about which the owner or person with custody or control of the dog
 OR OTHER COMPANION ANIMAL 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 OR OTHER COMPANION ANIMALS that are  left  outdoors"  shall
 mean  dogs  OR  OTHER  COMPANION ANIMALS that are outdoors [in inclement
 weather] FOR MORE THAN AN HOUR, 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 para-
 graph (b) of subdivision three of this section.
   2. (a) Any person who owns or has custody or control of a dog OR OTHER
 COMPANION ANIMAL that is left outdoors shall  provide  [it]  THE  ANIMAL
 with  shelter  THAT  IS  appropriate  [to its] OR NECESSARY BASED ON THE
 ANIMAL'S breed, physical condition and the  climate  OR  WEATHER.    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] TWO  hundred  dollars  nor  more  than  [two
 hundred  fifty]  THREE  HUNDRED  dollars  for  a  second  and subsequent
 offenses; UNLESS THE VIOLATION IS  CHARGED  PURSUANT  TO  SECTION  THREE
 HUNDRED FIFTY-THREE OR SECTION THREE HUNDRED FIFTY-THREE-A OF THIS ARTI-
 CLE.    [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 sepa-
 rate offense.]

 S. 1403                             3
 
   (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 OR OTHER COMPANION ANIMAL
 PROPER shelter or  repairing  an  existing  [dog]  shelter  so  that  it
 complies  with  the  requirements of this section. Nothing in this para-
 graph shall prevent the seizure of a dog OR OTHER COMPANION ANIMAL 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  OR  OTHER COMPANION ANIMAL'S breed, physical condition and the
 climate shall include:
   (a) For dogs OR OTHER COMPANION ANIMALS  that  are  [restrained]  LEFT
 OUTDOORS  in any manner [outdoors], shade by natural or artificial means
 to protect the [dog] ANIMAL from direct sunlight at all times when expo-
 sure to sunlight is likely to threaten the health of the [dog] ANIMAL.
   (b) For all [dogs] ANIMALS that are left outdoors [in inclement weath-
 er], a housing facility, which must: (1) have a waterproof roof; (2)  be
 structurally  sound with insulation appropriate to local climatic condi-
 tions and sufficient to protect the dog OR OTHER COMPANION  ANIMAL  from
 inclement  weather;  (3)  be  constructed  to  allow  each  [dog] ANIMAL
 adequate freedom  of  movement  to  make  normal  postural  adjustments,
 including  the  ability to stand up, turn around and lie down with [its]
 THE ANIMAL'S 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 OR OTHER COMPANION ANIMAL.
   4-A. THERE SHALL BE A PRESUMPTION THAT A DOG OR OTHER COMPANION ANIMAL
 LEFT  OUTSIDE  FOR  MORE  THAN ONE HOUR, AND, UNDER THE FOLLOWING CONDI-
 TIONS, WILL BE A VIOLATION OF THIS SUBDIVISION OR A VIOLATION OF SECTION
 THREE HUNDRED FIFTY-THREE OR SECTION THREE HUNDRED FIFTY-THREE-A OF THIS
 ARTICLE:
   (A) A WEATHER WARNING ISSUED BY THE FEDERAL, STATE OR  LOCAL  AUTHORI-
 TIES IS IN EFFECT; OR
   (B)  IN EXTREME HEAT OR COLD THAT A REASONABLE PERSON SHOULD KNOW SUCH
 TEMPERATURE OR WEATHER CONDITION POSES A RISK TO THE ANIMAL; OR IF OTHER
 OUTDOOR ENVIRONMENTAL CONDITIONS, INCLUDING, BUT NOT LIMITED  TO,  WIND,
 RAIN,  SNOW,  ICE,  SLEET,  HAIL,  POSE  A  REASONABLE RISK BASED ON THE
 ANIMAL'S SIZE, AGE, PHYSICAL CONDITION, OR BREED AND TAKING INTO ACCOUNT
 THE SHELTER PROVIDED FOR THE ANIMAL OR WHEN THE OUTDOOR  TEMPERATURE  IS
 BELOW TWENTY DEGREES OR ABOVE NINETY DEGREES FAHRENHEIT.
   5.  Upon  a  finding  of any violation of this section OR WITH PENDING
 CHARGES PURSUANT TO SECTION THREE HUNDRED FIFTY-THREE OR  SECTION  THREE
 HUNDRED  FIFTY-THREE-A OF THIS ARTICLE, any [dog or dogs] ANIMALS seized
 pursuant to the provisions of this article that have not been  voluntar-
 ily surrendered by the owner or custodian or forfeited pursuant to court
 order  shall  NOT be returned to the owner or custodian [only] UNTIL ANY
 CRIMINAL CHARGES ARE CONCLUDED AND DISPOSITION OF THE ANIMAL OR  ANIMALS
 HAVE BEEN DETERMINED BY THE COURT. IF THE CHARGES HAVE BEEN DISMISSED OR
 A  DEFENDANT  IS  FOUND NOT GUILTY BY A COURT OF COMPETENT JURISDICTION,
 THE ANIMAL OR ANIMALS MAY BE RETURNED TO THE OWNER IF SO ORDERED BY  THE

 S. 1403                             4
 
 COURT  AND  upon  proof  that  appropriate  shelter  as required by this
 section [is being] HAS BEEN 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 OR IN ANY WAY TO SUPERSEDE OR PRECLUDE CHARGES  PURSUANT
 TO  SECTION  THREE  HUNDRED  FIFTY-THREE OR SECTION THREE HUNDRED FIFTY-
 THREE-A OF THIS ARTICLE.
   7. NOTHING IN THIS SECTION SHALL PREVENT AN IMMEDIATE SEIZURE OF A DOG
 OR OTHER ANIMAL IN A DANGEROUS SITUATION DUE TO WEATHER  CONDITIONS,  OR
 THE  CONDITION  OF  THE  ANIMAL  OR  IMMEDIATE RISK TO THE ANIMAL, OR TO
 PRECLUDE ANIMALS BEING SEIZED AS EVIDENCE PURSUANT TO ANY  CHARGE  FILED
 FOR  A  VIOLATION  OF SECTION THREE HUNDRED FIFTY-THREE OR SECTION THREE
 HUNDRED FIFTY-THREE-A OF THIS ARTICLE.
   § 5. This act shall take effect on the one hundred twentieth day after
 it shall have become a law; provided, however, that effective immediate-
 ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
 necessary  for  the  implementation of this act on its effective date is
 authorized and directed to be made  and  completed  on  or  before  such
 effective date.

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Senate Bill S1403

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Archive: Last Bill Status - In Senate Committee Agriculture Committee

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2017-S1403 (ACTIVE) - Details

2017-S1403 (ACTIVE) - Summary

2017-S1403 (ACTIVE) - Sponsor Memo

2017-S1403 (ACTIVE) - Bill Text download pdf

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Sponsored By

Tony Avella

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Actions

2017-S1403 (ACTIVE) - Details

2017-S1403 (ACTIVE) - Summary

2017-S1403 (ACTIVE) - Sponsor Memo

2017-S1403 (ACTIVE) - Bill Text download pdf

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