NY State Senate Bill 2017-S5620

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
Apr 20, 2017	referred to agriculture

co-Sponsors

2017-S5620 (ACTIVE) - Details

Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §123, Ag & Mkts L
Versions Introduced in 2015-2016 Legislative Session:: S2338

2017-S5620 (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.

2017-S5620 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5620

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

 PURPOSE OR GENERAL IDEA OF BILL :

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

 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 to
provide 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 Law 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.

 PRIOR LEGISLATIVE HISTORY :

2015-2016: S.2338 - Referred to Agriculture

 FISCAL IMPLICATIONS :

None to the state.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S5620 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5620
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              April 20, 2017
                                ___________
 
 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.

                                                            LBD08074-01-7

 S. 5620                             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.
   § 2. This act shall take effect immediately.

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Senate Bill S5620

Sponsored By

Archive: Last Bill Status - In Senate Committee Agriculture Committee

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co-Sponsors

2017-S5620 (ACTIVE) - Details

2017-S5620 (ACTIVE) - Summary

2017-S5620 (ACTIVE) - Sponsor Memo

2017-S5620 (ACTIVE) - Bill Text download pdf

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Sponsored By

Martin J. Golden

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Actions

co-Sponsors

Luis R. Sepúlveda

2017-S5620 (ACTIVE) - Details

2017-S5620 (ACTIVE) - Summary

2017-S5620 (ACTIVE) - Sponsor Memo

2017-S5620 (ACTIVE) - Bill Text download pdf

Comments