NY State Senate Bill 2017-S6226A

Senate Bill S6226A

2017-2018 Legislative Session

Relates to promoting understanding, awareness and enforcement of animal crimes laws; repealer

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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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 29, 2018	print number 6226a
Jan 29, 2018	amend and recommit to agriculture
Jan 03, 2018	referred to agriculture
May 11, 2017	referred to agriculture

Bill Amendments

Original

A (Active)

co-Sponsors

2017-S6226 - Details

See Assembly Version of this Bill:: A653
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §§350, 365, 369, 371 & 373, rpld §§351, 353, 353-a, 353-b, 353-d, 355, 360, 361 & 362, §374 sub 8, ren §380 to be §381, add §382, Ag & Mkts L; add Part 3 Title Q Art 280 §§280.00 - 280.80, §60.22, amd §§70.02, 195.06, 195.11, 195.12 & 265.01, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A9917
2013-2014: S6261, A775
2015-2016: S3201, A352
2019-2020: S2623, A634
2021-2022: S4925, A536
2023-2024: S4279, A3840

2017-S6226 - Summary

Relates to promoting understanding, awareness and enforcement of animal crime laws.

2017-S6226 - Sponsor Memo

                                
 
BILL NUMBER: S6226           REVISED MEMO 01/16/2018

SPONSOR: LANZA
 
TITLE OF BILL:  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

 
PURPOSE:

This bill seeks to clarify, modernize, and restructure the animal crimes
laws of New York State. It does so by transplanting certain sections of
the Agriculture and Markets Law into the Penn 1. Law, re-defining statu-
tory terms, re-titling animal crimes offenses, altering the classifica-
tion of certain animal crimes offenses, delineating specific sentencing
provisions for animal, crimp offenses, introducing various new animal
crimes offenses.

The bill serves to create a hierarchy of offenses for charging, plea-
bargaining, and cross-referencing purposes. It will also address and
rectify the many antiquated passages, vague definitions and concepts,

and outmoded language contained in the current Agriculture and Markets
statutes.

Ultimately, the bill will promote sound enforcement and consistent
interpretation of animal crimes by members of law enforcement and the
court system.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends Section 350 of the Agriculture and Markets Law by
adding Subdivision 6, which provides the definition of an "animal cruel-
ty offense;" a term used to help define the scope of various other
proposed and existing statutes involving evidence collection, animal
disposition, and sentencing. The term also goes beyond enumerated crimes
to include any offense by which an animal is victimized (e.g. reckless
endangerment of property; criminal mischief). Section one also adds
Subdivision 7 to Section 350 of the Agriculture and Markets Law, which
provides the definition of a "duly incorporated society for the
prevention of cruelty to animals," which is a cross-reference to the
provisions providing for the creation and powers of such entity as
contained in the not-for-profit corporation law.

Section two repeals Sections 351, 353, 353-a, 353-b, 353-d, 355, 360,
361 and 362 of the Agriculture and Markets Law. Variations of Sections
351, 353, 353a, 355, 360, 361, and 352 appear in the proposed Penal Law
Title 9. Sections 353-b and 353-d are inserted verbatim in the proposed
Penal law Title Q.

Section three amends Section 365 of the Agriculture and Markets Law.
Section four amends Section 369 of the Agriculture and Markets Law and

Section five amends Section 371 of the Agriculture and Markets Law, both
of which are given language to help incorporate them and otherwise make
them applicable to the provisions of the proposed Penal Law Title Q.

Section six amends Subdivision 6 of Section 373 of the Agriculture and
Markets Law to add other agencies to qualify as impounding organizations
for the purposes of petitioning for a security bond in order to obtain
reasonable boarding expenses pending criminal litigation. The addition
of the other agencies comports with the fact that these agencies may
become responsible for the impound if the animal were seized or impound-
ed pursuant to a search warrant obtained under article 690 of the crimi-
nal procedure law. For consistency, the term "impounding organization"
is further regularized in later subsections of subdivision 6.

Section seven repeals Subdivision 8 of Section 374 of the Agriculture
and Markets Law. The repealed special sentencing provisions are moved to
a new section, 380.

Section eight amends the Agriculture and Markets Law by adding a new
Section 380. Subdivisions 1, 2, and 6 of Section 380 add language which
would permit the court to order forfeiture of the animal to an animal
shelter, pound, sheriff, police officer, or district attorney, in addi-
tion to a society for the prevention of cruelty to animals. As the law
is currently written, it stands to limit the forfeiture to a society for
the prevention of cruelty to animals only, which may cause problems if
either the society is overwhelmed or overburdened with animal wards at
that point in time or if the county is without such a society. The pres-
ence of such a society is not mandated by law. By incorporating addi-
tional law enforcement entities and animal shelters, there would be
additional outlets for animal placement.

Subdivision 3 of the proposed section 380 eliminates the wording "or any
person dwelling in the same household 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." This is due to the simple fact
that this present language, if acted upon, would constitute a gross
violation of the due process rights on an unaccused party that is not
under the jurisdiction of the sentencing court. If, indeed, there were
such a person, that person would have been or should have been separate-
ly charged under accomplice liability or otherwise, and received an
individual determination under section 380. Subdivision 5, which repres-
ents a possible sale restriction for farm animals, is likewise modified
to eliminate possible constitutional concerns. The language is amended
to reflect a possible court restriction on sale or transfer to a
charged, but not adjudicated, co-defendant or coconspirator.

Additionally, language has been added to subdivision 3 in an effort to
alleviate the constitutional cloud over the term "reasonable." The
language and criteria is thusly elaborated: "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 specifically state the period
of time imposed."

Subdivision 4 of the proposed section 380 adds the term "used" in
regards to scientific testing. As the language of section 374 stands
presently, the absence of this term is an oversight that would permit
the shelter, pound, or duly incorporated society for the prevention of
cruelty to animals to experiment on the animals themselves, while
prohibiting their sale or transfer for that purpose.

Section nine amends Part 3 of the Penal Law by adding a new Title Q,
which is comprised of animal cruelty offenses and largely based upon the
former provisions of Article 2.5 of the Agriculture and Markets Law. The
Title consists of a new Article 280, which is captioned "Offenses
against Animals."

Section 280.00 is introduced to the Penal Law and contains the bulk of
the definitions for the proposed Article 280. Subdivision 1 is a verba-
tim reproduction of subdivision 1 of section 350 of the Agriculture and
Markets Law. Subdivision 2 is a reproduction of subdivision 2 of section
350 of the Agriculture and Markets Law with an important addition that
serves to outsource clutter from the proposed section 280.20. This addi-
tional language is based on passages from the existing section 353 of
the Agriculture and Markets Law. Importantly, the definitions of "cruel-
ty" and "torture," which appeared together in subdivision 2 of section
350 of the Agriculture and Markets Laws, are now severed. The definition
of "torture" now appears in subdivision 4 of the proposed definitions
section and derives entirely from a segment of the present definition of
"aggravated cruelty," as that term currently appears in section 353-a of
the Agriculture and Markets Law. Subdivision 3 is a near-verbatim
reproduction of language found in subdivision 1 of section 353-a of the
Agriculture and Markets Law, the only difference being the aforemen-
tioned severance of verbiage which is transferred as the definition of
the term "torture." Subdivision 5 is based up on subdivision 3 of
section 350 of the Agriculture and Markets Law. Subdivision 6 is a near-
verbatim reproduction of subdivision 4 of section 350 of the Agriculture
and Markets Law. Subdivision 7 is a near-verbatim reproduction of subdi-
vision 5 of section 350 of the Agriculture and Markets Law with a minor
change in sequencing on the second couplet of "companion animal" or
"pet." Subdivision 8 is a verbatim reproduction of language which
appears in subdivision 1 of section 351 of the Agriculture and Markets
Law. Subdivision 9 was composed to provide a concrete definition of
"abandons" as that term is used in the proposed section 280.20 of the
Penal Law. Subdivision 10 provides a definition of "restrain" and was
substantially based on subdivision 1 of section 135.00 of the Penal Law.
Subdivision 11 provides a definition of "abduct" and was substantially
based on subdivision 2 of the section 135.00 of the Penal Law.

Section 280.05 is introduced as one of two statutes taken from section
351 of the Agriculture and Markets Law. The current section 351 of the
Agriculture and Markets Law covers multiple crimes, both misdemeanors
and felonies. This bill splits the conglomerate into two separate stat-
utes, Section 280.05 and Section 280.10, for clarity and comprehensi-
bility. Subdivision 1 of section 280.05 is based on subparagraph (e) of
subdivision 2 of section 351 of the Agriculture and Markets Law.  Subdi-
vision 2 of section 280.05 is loosely based on subparagraph (b) of
subdivision 4 of section 351 of the Agriculture and Markets Law, but
modifies the measure component for clarity of what is required for
commission of the offense. Section 280.10 is introduced to replace the
felony components of section 351 of the Agriculture and Markets Law. It
is a substantial reproduction of the statute, with few structural chang-
es. Subdivision 3 of section 280.10 amends its predecessor statute with
the inclusion of the word "transfers" which was a broad oversight in
previous drafting. Subdivision 5 of section 280.10 is amended to remove
a troublesome element involving the proof of training of the by-standing
animal such animal possibly being a "bait animal" which was not trained
to fight.

It is notable that, pursuant to section 160.10 of the Criminal Procedure
Law, the transplant of the misdemeanor portion of animal fighting to the
Penal Law causes this offense to now be a printable offense for law
enforcement (the same can be said for all transplanted agriculture and
markets law misdemeanors). As it currently stands, a violation of
subparagraph (b) of subdivision 3 of section 351 (misdemeanor animal
fighting) is not a printable offense for purposes of Article 160 of the
Criminal Procedure Law, which is another major oversight in the existing
legislative drafting.  Finally, as crimes in the Penal Law must be clas-
sified pursuant to Title E, Article 55, the misdemeanor component of
animal fighting, now housed in section 280.05, is designated as a class
A misdemeanor and the felony component of animal fighting, now housed in
section 280.10, is designated as a class D felony. The special tine
schedules, which were previously enacted for animal fighting, are
retained by enacting an authorized dispositions section, contained in
section 60.22 of the Penal Law.

Section 280.20 is introduced to replace various components of sections
353, 355, and 360 of the Agriculture and Markets Low. Subdivision 1
outlines the standard of care to be provided by an owner, possessor,
custodian, or caregiver of an animal. The vague term "sustenance," as it
appeared in section 353 of the Agriculture and Markets Law, with the
un-codified case law definition on that term (i.e. "food, drink, veteri-
nary care, or shelter adequate to maintain the animal's health and
comfort"), provided in a litany of cases that include, but is not limit-
ed to People v. Richardson, 15 Misc. 311 138A (App. Term 9th & 10th Jud.
Dist. 2007) and People v. Mahoney, 9 Misc.3d 1.01 (App.  Term 9th & 10"
Jud. Dist. 2008). Apart from codification, the terms "food" and "drink"
are replaced by the more modem concepts of "nutrition" and "hydration."
The former presence of "necessary" in section 353 of the agriculture and
markets law (i.e. "necessary sustenance"), is replaced with the expanded
provision of adequacy.  The adequacy of all four elements - nutrition,
hydration, veterinary care, and shelter - is required.

Subdivision 2 is based upon section 355 of the Agriculture and Markets
Law, except that duplicative language is dropped after the first clause
regarding abandonment, "Abandons" is defined in the revised subdivision
(9) of section 280.00.

Subdivision 3 outlines the standard of care to be applied to animals in
general, regardless of personal connection, and pulls heavily on the
enhanced definition of "cruelty" as it appears in subdivision 2 of the
proposed section 280.00. It is a successor-clause to the existing final
clause of section 353 of the agriculture and markets law. The term
"willfully," however, was relaxed to "knowingly," which more clearly
comports with the expansion of the term "cruelty," both as currently
defined and under the proposed definition.

Subdivision 4 is based on section 360 of the Agriculture and Markets
Law, with structural changes for clarity and a mental intent to injure
added.

Section 280.25 is introduced to replace section 353-a of the Agriculture
and Markets Law. It differs from section 353-a of the Agriculture and
Markets Law in that it enhances the classification and punishment on the
proscribed conduct a violation of section 280.25 is a class D felony,
whereas a violation of section 353-a of the Agriculture and Markets Law
is an unclassified felony with a limited sentencing range (a so-called
"E Minus" felony). The section is re-titled to match its counterpart,
section 280.20. The definition of the term ""aggravated cruelty," as it
appears in section 280.25, appears in section 280.00, and it amended to
split acts of torture from acts of cruelty. The practical effect is
negligible as both definitions remain under the force of the statute.

Subdivisions 1 and 2 are based upon language in subdivision 1 of section
353a of the Agriculture and Markets Law, however, they are worded more
akin to assault and homicide statutes elsewhere in the penal law.
Subdivision 3 of section 280.25 proposes a sanction for acts of "aggra-
vated cruelty" and "torture" committed against any animal and not just
"companion animals" which is long overdue and based upon the sentiment
that this law should be meant to focus on the extremely disturbing
conduct of an individual and not the human emotion or affection towards
the affected animal. Whether the individual sadistically tortured a wild
turtle or a pet turtle, the criminal sanction on that type of behavior
should be the same. Subdivision 4 is based upon provisions found in the
existing section 360 of the Agriculture and Markets Law. Subdivision 5
is an additional sanction for repeat offenders of section 2130.20,
modeled after statutory language which appears elsewhere in the Penal
Law.

Section 280.30 is based loosely on the existing section 361 of the Agri-
culture and Markets Law. The new statute is re-titled for clarity and
serves to enhance the penalty for interference with competitive or
exhibited animals. The term "domestic," which had no definition, was
removed as its inclusion had de minimis practicality or legal signif-
icance.

Section 280.35 is introduced to subsume and rectify the constitutional
problems with the existing section 362 of the Agriculture and Markets
Law, The existing section 362 of the Agriculture and Markets Law, as
written, effectively makes littering a misdemeanor, has an incorrectly
positioned mans rea, and is not often used. Section 280.35 incorporates
certain language from subdivision 7 of section 240.20 of the Penal Law
to adjust for the mans rea of the statute. It also more appropriately
categorizes the offense as a violation, which is intended play a crucial
role in any plea bargaining of animal offenses and serve as a lesser-in-
cluded offense of the various provisions of Article 280. Subdivision 1
acts as a "catch-all" provision that bridges the gap between non-culpa-
bility and conduct which violates section 280.20. Subdivision 2 incorpo-
rates language from section 362 of the Agriculture and Markets Law, but
clarifies the mens rea, obviating constitutional concerns. As a viola-
tion-level offense, a perpetrator could be subjected to fifteen days
incarceration, in addition to other sentencing possibilities, the most
notable of which are the special sentencing provisions in the proposed
section 380 of the Agriculture and Markets Law, discussed above.

Sections 280.40, 280.45, and 280.50 are introduced to allow prosecution
in the event of unlawful restraint or taking of an animal. Currently,
the only other statutes designed to cover this type of conduct are the
larceny provisions contained in Article 155 of the Penal Law. As society
is moving away from treating pets as chattel or property, statutes need
to adjust for the humanistic approach to prosecution. These sections
must be read in conjunction with the definitions of "restrains" and
"abducts," which are listed in the proposed section 280.00. Section
280.40 is based upon language found in section 135.05 of the Penal Law.
Section 280.45 is based upon language found in section 135.20 of the
Penal Law. Section 280.50 is based upon language found in 135.25 of the
Penal Law. The classification of these crimes, as proposed, would great-
ly enhance the penalty for such conduct. For example, currently, an
individual who steals another person's adopted non-purebred dog, drives
it to a faraway location, and leaves it there to die, could only be
charged with petit larceny, in violation of section 155.25 of the Penal
Law, and Abandonment of Animals, in violation of section 355 of the
Agriculture and Markets Law. Both of those crimes are class A misdemea-
nors. The proposed section 280.50 would potentially make the same
conduct punishable as a class D felony.

Section 280.55 contains a presumption applicable to prosecutions of
sections 280.40, 280.45; and 280.50.

Sections 280.60 and 280.65 are verbatim reproductions of the current
sections 353-b and 353-d of the Agriculture and Markets Law, respective-
ly.

Section 280.70 is a verbatim reproduction of the current section 367 of
the Agriculture and Markets Law.

Section 280.75 is a cross-referencing tool to the evidentiary, disposi-
tion, and care provisions which appear in various sections of the Agri-
culture and Markets Law.

Section 280.80 is an important cross-referencing tool to ensure that the
courts are empowered to sentence in accordance with the special needs of
an animal cruelty prosecution.

Section ten amends the Penal Law by adding a new section 60.22 which is
the vehicle by which the special fine sentencing provisions enacted for
animal fighting, under the current section 351 of the Agriculture and
Markets Law, survive the transfer to the Penal Law.

Section eleven amends Paragraph (c) of Subdivision 1 of Section 70.02 of
the Penal Law to incorporate select provisions of the proposed "animal
cruelty in the first degree," in violation of proposed Section 280.25,
into the list of violent felony offenses. The excluded provisions are
the aggregation offense for twice violating animal cruelty in the second
degree (subdivision 5) and the aggravating-factor poisoning offense
(subdivision 4).

Section twelve amends Section 195.06 of the Penal Law to enhance the
offense classification and penalty for killing or injuring a police
animal. A violation of this section would now be a class D felony, which
comports this statute to the level of offense of Animal Cruelty in the
First Degree, under the proposed section 280.25 of the Penal Law.

Section thirteen amends Section 195.11 of the Penal Law to enhance the
offense classification and penalty for harming an animal trained to aid
a person with a disability in the second degree. A violation of this
section would now be a class A misdemeanor, which comports this statute
to the level of offense of Animal Cruelty in the Second Degree, under
the proposed section 280.20 of the Penal Law (or the existing offense of
Overdriving, torturing and injuring animals; failure to provide proper
sustenance, under section 353 of the Agriculture and Markets Law).

Section fourteen amends Section 195.12 of the Penal Law to enhance the
offense classification and penalty for harming and animals trained to
aid a person with a disability in the first degree. A violation of this
section would now be a class E felony.
Section fifteen amends Subdivision 2 of Section 265.01 of the Penal Law
by converting it to gender neutrality and adding animals as a protected
class against unlawful weapon use. This will be particularly helpful for
law enforcement where there is clear evidence of a beating with an
instrument but, due to unfamiliarity with field examinations of animals
for injury, a charge can be made upon implementation alone.

Section sixteen identifies the severability clause.

Section seventeen sets forth the effective date.

 
JUSTIFICATION:

This bill markedly improves the accessibility and comprehensibility of
animal crime statutes, thereby promoting enforcement of this category of
crime. The bill will take patrol-scenario crimes, faced by municipal law
enforcement, and structure them alongside the bulk of criminal law. By
placing animal crime shoulder-to-shoulder with other categories of crime
in the Penal Law, there will be a streamlining of criminal procedure,
training, legal terminology, and judicial philosophy.

As the law currently stands, commercial, industrial, and patrol-scenario
offenses are housed together in a body of law that has proven to be
inaccessible by police. Not only is a patrol officer unlikely to have a
copy of the Agriculture and Markets Law in their radio car, but the
precinct desk officer is also unlikely to have a copy at headquarters.
Furthermore, police academies primarily focus training on Penal Law and
Vehicle and Traffic Law provisions, without any education or training
whatsoever on Agriculture and Markets Law provisions.

While there may be crimes housed outside the Penal Law - for example,
tax crimes there is seldom, if ever, a patrol dispatch requiring urgent
response and action on a violation of the tax law - animal crimes occur
in the field and often require emergency response. An ancillary benefit
to that main objective will be a harmonizing of this crime with others
as far as the applicability of the criminal procedure law. Matters such
as search warrants, fingerprinting, collection of DNA, recordkeeping,
court surcharges, and other procedural aspects of law enforcement become
applicable.

Beyond the mere transplant, however, this bill modernizes statutory
language and structure to more aptly match its sister crimes. Within the
bill text, there is heavy borrowing from terminology and format from
other areas of Penal Law. This was done not only for clarity, familiar-
ity, and comprehensibility, but also so that case interpretations of
terminology and structure become immediately applicable. Offenses have
been re-titled for clarity and order of precedence and restructured into
manageable subdivisions. Offenses have also been given appropriate and
clear mental states. If there was a prevailing case law interpretation
of a term, the term was codified into the statute itself in order to
obviate time-wasting motion practice over the issue.

In short, the average police officer will now be able to find the law,
read the law, understand the law, and apply the law all while standing
at a crime scene in the middle of the night. Prosecutors and defense
attorneys will spend markedly less time in needless motion practice over
the definition of obsolete terms or general applicability of passages.
Judges will be better equipped to dispense justice on accused individ-
uals. Finally, the average member of the public will be better apprised
of the standards that apply to the treatment of animals.

 
LEGISLATIVE HISTORY:

2017: S.6226- Referred to Agriculture/ A.653 - Referred to Agriculture
2016: S.3201- Referred to Agriculture/ A.352 - Referred to Agriculture
2015: S.3201- Referred to Agriculture/ A.352 - Referred to Agriculture.
2014: S.6261- Referred to Agriculture.

 
FISCAL IMPLICATIONS:

Penal Law surcharges become applicable to animal crimes offenses, poten-
tially enhancing state revenue.

 
EFFECTIVE DATE:
This bill shall take effect on the first of November next succeeding the
date on which it shall become a law.

2017-S6226 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6226
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by  Sen.  LANZA  -- 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 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:
   § 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02053-01-7

 S. 6226                             2
 
 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.
   §  2. Sections 351, 353, 353-a, 353-b, 353-d, 355, 360, 361 and 362 of
 the agriculture and markets law are REPEALED.
   § 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:
   § 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.
   § 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:
   § 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.
   §  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:
   § 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

 S. 6226                             3

 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.
   § 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,
 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

 S. 6226                             4
 
 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-
 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

 S. 6226                             5
 
 order  directing such refund and reimbursement shall provide for payment
 to be made within a reasonable time from the acquittal or  dismissal  of
 charges.
   §  7.  Subdivision 8 of section 374 of the agriculture and markets law
 is REPEALED.
   § 8.   The agriculture and markets law is  amended  by  adding  a  new
 section 380 to read as follows:
   § 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.
   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

 S. 6226                             6
 
 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.
   § 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.
         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.

 S. 6226                             7
 
         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.
 § 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.
   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

 S. 6226                             8
 
 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.
 § 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.
 § 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.
 § 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,
 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

 S. 6226                             9

   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.
 § 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
 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

 S. 6226                            10
 
 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.
 § 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.
 § 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.
 § 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.
 § 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.
 § 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
 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.

 S. 6226                            11
 
   ANIMAL ABDUCTION IN THE FIRST DEGREE IS A CLASS D FELONY.
 § 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.
 § 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-
 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

 S. 6226                            12
 
 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.
 § 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.
   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.
 § 280.70 LEAVING NEW YORK STATE TO AVOID PROVISIONS OF THIS ARTICLE.

 S. 6226                            13
 
   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.
 § 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.
 § 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.
   § 10. The penal law is amended by adding a new section 60.22  to  read
 as follows:
 § 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.
   § 11. Paragraph (c) of subdivision 1 of section  70.02  of  the  penal
 law,  as  amended by chapter 368 of the laws of 2015, 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, labor trafficking as defined  in
 paragraphs  (a) and (b) of subdivision three of section 135.35, 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 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

 S. 6226                            14
 
 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.
   §  12.  Section 195.06 of the penal law, as added by chapter 42 of the
 laws of 1986, is amended to read as follows:
 § 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.
   § 13. Section 195.11 of the penal law, as added by chapter 344 of  the
 laws of 1989, is amended to read as follows:
 §  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.
   §  14. Section 195.12 of the penal law, as added by chapter 344 of the
 laws of 1989, is amended to read as follows:
 § 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.
   § 15. Subdivision 2 of section 265.01 of the penal law, as amended  by
 chapter 269 of the laws of 2016, is amended to read as follows:
   (2)  He  or  she possesses any dagger, dangerous knife, dirk, machete,
 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
   § 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
 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

 S. 6226                            15
 
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   §  17.  This  act  shall  take  effect  on  the first of November next
 succeeding the date on which it shall have become a law.

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2017-S6226A (ACTIVE) - Details

See Assembly Version of this Bill:: A653
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §§350, 365, 369, 371 & 373, rpld §§351, 353, 353-a, 353-b, 353-d, 355, 360, 361 & 362, §374 sub 8, ren §380 to be §381, add §382, Ag & Mkts L; add Part 3 Title Q Art 280 §§280.00 - 280.80, §60.22, amd §§70.02, 195.06, 195.11, 195.12 & 265.01, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A9917
2013-2014: S6261, A775
2015-2016: S3201, A352
2019-2020: S2623, A634
2021-2022: S4925, A536
2023-2024: S4279, A3840

2017-S6226A (ACTIVE) - Summary

Relates to promoting understanding, awareness and enforcement of animal crime laws.

2017-S6226A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6226A

SPONSOR: LANZA
 
TITLE OF BILL:  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

 
PURPOSE:

This bill seeks to clarify, modernize, and restructure the animal crimes
laws of New York State. It does so by transplanting certain sections of
the Agriculture and Markets Law into the Penn 1. Law, re-defining statu-
tory terms, re-titling animal crimes offenses, altering the classifica-
tion of certain animal crimes offenses, delineating specific sentencing
provisions for animal, crimp offenses, introducing various new animal
crimes offenses.

The bill serves to create a hierarchy of offenses for charging, plea-
bargaining, and cross-referencing purposes. It will also address and
rectify the many antiquated passages, vague definitions and concepts,

and outmoded language contained in the current Agriculture and Markets
statutes.

Ultimately, the bill will promote sound enforcement and consistent
interpretation of animal crimes by members of law enforcement and the
court system.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends Section 350 of the Agriculture and Markets Law by
adding Subdivision 6, which provides the definition of an "animal cruel-
ty offense;" a term used to help define the scope of various other
proposed and existing statutes involving evidence collection, animal
disposition, and sentencing. The term also goes beyond enumerated crimes
to include any offense by which an animal is victimized (e.g. reckless
endangerment of property; criminal mischief). Section one also adds
Subdivision 7 to Section 350 of the Agriculture and Markets Law, which
provides the definition of a "duly incorporated society for the
prevention of cruelty to animals," which is a cross-reference to the
provisions providing for the creation and powers of such entity as
contained in the not-for-profit corporation law.

Section two repeals Sections 351, 353, 353-a, 353-b, 353-d, 355, 360,
361 and 362 of the Agriculture and Markets Law. Variations of Sections
351, 353, 353a, 355, 360, 361, and 352 appear in the proposed Penal Law
Title 9. Sections 353-b and 353-d are inserted verbatim in the proposed
Penal law Title Q.

Section three amends Section 365 of the Agriculture and Markets Law.

Section four amends Section 369 of the Agriculture and Markets Law and
Section five amends Section 371 of the Agriculture and Markets Law, both
of which are given language to help incorporate them and otherwise make
them applicable to the provisions of the proposed Penal Law Title Q.

Section six amends. Subdivision 6 of Section 373 of the Agriculture and
Markets Law to add other agencies to qualify as impounding organizations
for the purposes of petitioning for a security bond in order to obtain
reasonable boarding expenses pending criminal litigation. The addition
of the other agencies comports with the fact that these agencies may
become responsible for the impound if the animal were seized or impound-
ed pursuant to a search warrant obtained under article 690 of the crimi-
nal procedure law. For consistency, the term "impounding organization"
is further regularized in later subsections of subdivision 6.

Section seven repeals Subdivision 8 of Section 374 of the Agriculture
and Markets Law. The repealed special sentencing provisions are moved to
a new section, 380.

Section eight amends the Agriculture and Markets Law by adding a new
Section 382 to permit the court to order forfeiture of the animal to an
animal shelter, pound, sheriff, police officer, or district attorney, in
addition to a society for the prevention of cruelty to animals.

Language has been added to subdivision 3 in an effort to alleviate the
constitutional cloud over the term "reasonable." The language and crite-
ria is thusly elaborated: "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 specifically state the period of time imposed."

Subdivision 4 of the proposed section 382 adds the term "used" in
regards to scientific testing. As the language of section 374 stands
presently, the absence of this term is an oversight that would permit
the shelter, pound, or duly incorporated society for the prevention of
cruelty to animals to experiment on the animals themselves, while
prohibiting their sale or transfer for that purpose.

Section nine amends Part 3 of the Penal Law by adding a new Title Q,
which is comprised of animal cruelty offenses and largely based upon the
former provisions of Article 2.5 of the Agriculture and Markets Law. The
Title consists of a new Article 280, which is captioned "Offenses
against Animals."

Section 280.00 is introduced to the Penal Law and contains the bulk of
the definitions for the proposed Article 280. Subdivision 1 is a verba-
tim reproduction of subdivision 1 of section 350 of the Agriculture and
Markets Law. Subdivision 2 is a reproduction of subdivision 2 of section
350 of the Agriculture and Markets Law with an important addition that
serves to outsource clutter from the proposed section 280.20. This addi-
tional language is based on passages from the existing section 353 of
the Agriculture and Markets Law. Importantly, the definitions of "cruel-
ty" and "torture," which appeared together in subdivision 2 of section
350 of the Agriculture and Markets Laws, are now severed. The definition
of "torture" now appears in subdivision 4 of the proposed definitions
section and derives entirely from a segment of the present definition of
"aggravated cruelty," as that term currently appears in section 353-a of
the Agriculture and Markets Law. Subdivision 3 is a near-verbatim
reproduction of language found in subdivision 1 of section 353-a of the
Agriculture and Markets Law, the only difference being the aforemen-
tioned severance of verbiage which is transferred as the definition of
the term "torture."  Subdivision 5 is based up on subdivision 3 of
section 350 of the Agriculture and Markets Law. Subdivision 6 is a near-
verbatim reproduction of subdivision 4 of section 350 of the Agriculture
and Markets Law. Subdivision 7 is a near-verbatim reproduction of subdi-
vision 5 of section 350 of the Agriculture and Markets Law with a minor
change in sequencing on the second couplet of "companion animal" or
"pet." Subdivision 8 is a verbatim reproduction of language which
appears in subdivision 1 of section 351 of the Agriculture and Markets
Law. Subdivision 9 was composed to provide a concrete definition of
"abandons" as that term is used in the proposed section 280.20 of the
Penal Law. Subdivision 10 provides a definition of "restrain" and was
substantially based on subdivision 1 of section 135.00 of the Penal Law.
Subdivision 11 provides a definition of "abduct" and was substantially
based on subdivision 2 of the section 135.00 of the Penal Law.

Section 280.05 is introduced as one of two statutes taken from section
351 of the Agriculture and Markets Law. The current section 351 of the
Agriculture and Markets Law covers multiple crimes, both misdemeanors
and felonies. This bill splits the conglomerate into two separate stat-
utes, Section 280.05 and Section 280.10, for clarity and comprehensi-
bility. Subdivision 1 of section 280.05 is based on subparagraph (e) of
subdivision 2 of section 351 of the Agriculture and Markets Law. Subdi-
vision 2 of section 280.05 is loosely based on subparagraph (b) of
subdivision 4 of section 351 of the Agriculture and Markets Law, but
modifies the measure component for clarity of what is required for
commission of the offense. Section 280.10 is introduced to replace the
felony components of section 351 of the Agriculture and Markets Law. It
is a substantial reproduction of the statute, with few structural chang-
es. Subdivision 3 of section 280.10 amends its predecessor statute with
the inclusion of the word "transfers" which was a broad oversight in
previous drafting. Subdivision 5 of section 280.10 is amended to remove
a troublesome element involving the proof of training of the by-standing
animal such animal possibly being a "bait animal" which was not trained
to fight.

It is notable that, pursuant to section 160.10 of the Criminal Procedure
Law, the transplant of the misdemeanor portion of animal fighting to the
Penal Law causes this offense to now be a printable offense for law
enforcement (the same can be said for all transplanted agriculture and
markets law misdemeanors). As it currently stands, a violation of
subparagraph (b) of subdivision 3 of section 351 (misdemeanor animal
fighting) is not a printable offense for purposes of Article 160 of the
Criminal Procedure Law, which is another major oversight in the existing
legislative drafting.  Finally, as crimes in the Penal Law must be clas-
sified pursuant to Title E, Article 55, the misdemeanor component of
animal fighting, now housed in section 280.05, is designated as a class
A misdemeanor and the felony component of animal fighting, now housed in
section 280.10, is designated as a class D felony. The special tine
schedules, which were previously enacted for animal fighting, are
retained by enacting an authorized dispositions section, contained in
section 60.22 of the Penal Law.

Section 280.20 is introduced to replace various components of sections
353, 355, and 360 of the Agriculture and Markets Low. Subdivision 1
outlines the standard of care to be provided by an owner, possessor,
custodian, or caregiver of an animal. The vague term "sustenance," as it
appeared in section 353 of the Agriculture and Markets Law, with the
un-codified case law definition on that term (i.e. "food, drink, veteri-
nary care, or shelter adequate to maintain the animal's health and
comfort"), provided in a litany of cases that include, but is not limit-
ed to People v. Richardson, 15 Misc. 311 138A (App. Term 9th & 10th Jud.
Dist. 2007) and People v. Mahoney, 9 Misc.3d 1.01 (App.  Term 9th & 10"
Jud. Dist. 2008). Apart from codification, the terms "food" and "drink"
are replaced by the more modem concepts of "nutrition" and "hydration."
The former presence of "necessary" in section 353 of the agriculture and
markets law (i.e. "necessary sustenance"), is replaced with the expanded
provision of adequacy.  The adequacy of all four elements - nutrition,
hydration, veterinary care, and shelter - is required.

Subdivision 2 is based upon section 355 of the Agriculture and Markets
Law, except that duplicative language is dropped after the first clause
regarding abandonment, "Abandons" is defined in the revised subdivision
(9) of section 280.00.

Subdivision 3 outlines the standard of care to be applied to animals in
general, regardless of personal connection, and pulls heavily on the
enhanced definition of "cruelty" as it appears in subdivision 2 of the
proposed section 280.00. It is a successor-clause to the existing final
clause of section 353 of the agriculture and markets law. The term
"willfully," however, was relaxed to "knowingly," which more clearly
comports with the expansion of the term "cruelty," both as currently
defined and under the proposed definition.

Subdivision 4 is based on section 360 of the Agriculture and Markets
Law, with structural changes for clarity and a mental intent to injure
added.

Section 280.25 is introduced to replace section 353-a of the Agriculture
and Markets Law. It differs from section 353-a of the Agriculture and
Markets Law in that it enhances the classification and punishment on the
proscribed conduct a violation of section 280.25 is a class D felony,
whereas a violation of section 353-a of the Agriculture and Markets Law
is an unclassified felony with a limited sentencing range (a so-called
"E Minus" felony). The section is re-titled to match its counterpart,
section 280.20. The definition of the term ""aggravated cruelty," as it
appears in section 280.25, appears in section 280.00, and it amended to
split acts of torture from acts of cruelty. The practical effect is
negligible as both definitions remain under the force of the statute.

Subdivisions 1 and 2 are based upon language in subdivision 1 of section
353a of the Agriculture and Markets Law, however, they are worded more
akin to assault and homicide statutes elsewhere in the penal law.
Subdivision 3 of section 280.25 proposes a sanction for acts of "aggra-
vated cruelty" and "torture" committed against any animal and not just
"companion animals" which is long overdue and based upon the sentiment
that this law should be meant to focus on the extremely disturbing
conduct of an individual and not the human emotion or affection towards
the affected animal. Whether the individual sadistically tortured a wild
turtle or a pet turtle, the criminal sanction on that type of behavior
should be the same. Subdivision 4 is based upon provisions found in the
existing section 360 of the Agriculture and Markets Law. Subdivision 5
is an additional sanction for repeat offenders of section 2130.20,
modeled after statutory language which appears elsewhere in the Penal
Law.

Section 280.30 is based loosely on the existing section 361 of the Agri-
culture and Markets Law. The new statute is re-titled for clarity and
serves to enhance the penalty for interference with competitive or
exhibited animals. The term "domestic," which had no definition, was

removed as its inclusion had de minimis practicality or legal signif-
icance.

Section 280.35 is introduced to subsume and rectify the constitutional
problems with the existing section 362 of the Agriculture and Markets
Law, The existing section 362 of the Agriculture and Markets Law, as
written, effectively makes littering a misdemeanor, has an incorrectly
positioned mans rea, and is not often used. Section 280.35 incorporates
certain language from subdivision 7 of section 240.20 of the Penal Law
to adjust for the mans rea of the statute. It also more appropriately
categorizes the offense as a violation, which is intended play a crucial
role in any plea bargaining of animal offenses and serve as a lesser-in-
cluded offense of the various provisions of Article 280. Subdivision 1
acts as a "catch-all" provision that bridges the gap between non-culpa-
bility and conduct which violates section 280.20. Subdivision 2 incorpo-
rates language from section 362 of the Agriculture and Markets Law, but
clarifies the mans rea, obviating constitutional concerns. As a viola-
tion-level offense, a perpetrator could be subjected to fifteen days
incarceration, in addition to other sentencing possibilities, the most
notable of which are the special sentencing provisions in the proposed
section 380 of the Agriculture and Markets Law, discussed above.

Sections 280.40, 280.45, and 280.50 are introduced to allow prosecution
in the event of unlawful restraint or taking of an animal. Currently,
the only other statutes designed to cover this type of conduct are the
larceny provisions contained in Article 155 of the Penal Law. As society
is moving away from treating pets as chattel or property, statutes need
to adjust for the humanistic approach to prosecution. These sections
must be read in conjunction with the definitions of "restrains" and
"abducts," which are listed in the proposed section 280.00. Section
280.40 is based upon language found in section 135.05 of the Penal Law.
Section 280.45 is based upon language found in section 135.20 of the
Penal Law. Section 280.50 is based upon language found in 135.25 of the
Penal Law. The classification of these crimes, as proposed, would great-
ly enhance the penalty for such conduct. For example, currently, an
individual who steals another person's adopted non-purebred dog, drives
it to a faraway location, and leaves it there to die, could only be
charged with petit larceny, in violation of section 155.25 of the Penal
Law, and Abandonment of Animals, in violation of section 355 of the
Agriculture and Markets Law. Both of those crimes are class A misdemea-
nors. The proposed section 280.50 would potentially make the same
conduct punishable as a class D felony.

Section 280.55 contains a presumption applicable to prosecutions of
sections 280.40, 280.45; and 280.50.

Sections 280.60 and 280.65 are verbatim reproductions of the current
sections 353-b and 353-d of the Agriculture and Markets Law, respective-
ly.

Section 280.70 is a verbatim reproduction of the current section 367 of
the Agriculture and Markets Law.

Section 280.75 is a cross-referencing tool to the evidentiary, disposi-
tion, and care provisions which appear in various sections of the Agri-
culture and Markets Law.


Section 280.80 is an important cross-referencing tool to ensure that the
courts are empowered to sentence in accordance with the special needs of
an animal cruelty prosecution.

Section ten amends the Penal Law by adding a new section 60.22 which is
the vehicle by which the special fine sentencing provisions enacted for
animal fighting, under the current section 351 of the Agriculture and
Markets Law, survive the transfer to the Penal Law.

Section eleven amends Paragraph (c) of Subdivision 1 of Section 70.02 of
the Penal Law to incorporate select provisions of the proposed "animal
cruelty in the first degree," in violation of proposed Section 280.25,
into the list of violent felony offenses. The excluded provisions are
the aggregation offense for twice violating animal cruelty in the second
degree (subdivision 5) and the aggravating-factor poisoning offense
(subdivision 4).

Section twelve amends Section 195.06 of the Penal Law to enhance the
offense classification and penalty for killing or injuring a police
animal. A violation of this section would now be a class D felony, which
comports this statute to the level of offense of Animal Cruelty in the
First Degree, under the proposed section 280.25 of the Penal Law.

Section thirteen amends Section 195.11 of the Penal Law to enhance the
offense classification and penalty for harming an animal trained to aid
a person with a disability in the second degree. A violation of this
section would now be a class A misdemeanor, which comports this statute
to the level of offense of Animal Cruelty in the Second Degree, under
the proposed section 280.20 of the Penal Law (or the existing offense of
Overdriving, torturing and injuring animals; failure to provide proper
sustenance, under section 353 of the Agriculture and Markets Law).

Section fourteen amends Section 195.12 of the Penal Law to enhance the
offense classification and penalty for harming and animals trained to
aid a person with a disability in the first degree. A violation of this
section would now be a class D felony.

Section fifteen amends Subdivision 2 of Section 265.01 of the Penal Law
by converting it to gender neutrality and adding animals as a protected
class against unlawful weapon use. This will be particularly helpful for
law enforcement where there is clear evidence of a beating with an
instrument but, due to unfamiliarity with field examinations of animals
for injury, a charge can be made upon implementation alone.

Section sixteen identifies the severability clause.

Section seventeen sets forth the effective date.

 
JUSTIFICATION:

This bill markedly improves the accessibility and comprehensibility of
animal crime statutes, thereby promoting enforcement of this category of
crime. The bill will take patrol-scenario crimes, faced by municipal law
enforcement, and structure them alongside the bulk of criminal law. By
placing animal crime shoulder-to-shoulder with other categories of crime
in the Penal Law, there will be a streamlining of criminal procedure,
training, legal terminology, and judicial philosophy.

As the law currently stands, commercial, industrial, and patrol-scenario
offenses are housed together in a body of law that has proven to be
inaccessible by police. Not only is a patrol officer unlikely to have a
copy of the Agriculture and Markets Law in their radio car, but the
precinct desk officer is also unlikely to have a copy at headquarters.
Furthermore, police academies primarily focus training on Penal Law and
Vehicle and Traffic Law provisions, without any education or training
whatsoever on Agriculture and Markets Law provisions.

While there may be crimes housed outside the Penal Law - for example,
tax crimes there is seldom, if ever, a patrol dispatch requiring urgent
response and action on a violation of the tax law - animal crimes occur
in the field and often require emergency response. An ancillary benefit
to that main objective will be a harmonizing of this crime with others
as far as the applicability of the criminal procedure law. Matters such
as search warrants, fingerprinting, collection of DNA, recordkeeping,
court surcharges, and other procedural aspects of law enforcement become
applicable.

Beyond the mere transplant, however, this bill modernizes statutory
language and structure to more aptly match its sister crimes. Within the
bill text, there is heavy borrowing from terminology and format from
other areas of Penal Law. This was done not only for clarity, familiar-
ity, and comprehensibility, but also so that case interpretations of
terminology and structure become immediately applicable. Offenses have
been re-titled for clarity and order of precedence and restructured into
manageable subdivisions. Offenses have also been given appropriate and
clear mental states. If there was a prevailing case law interpretation
of a term, the term was codified into the statute itself in order to
obviate time-wasting motion practice over the issue.

In short, the average police officer will now be able to find the law,
read the law, understand the law, and apply the law all while standing
at a crime scene in the middle of the night. Prosecutors and defense
attorneys will spend markedly less time in needless motion practice over
the definition of obsolete terms or general applicability of passages.
Judges will be better equipped to dispense justice on accused individ-
uals. Finally, the average member of the public will be better apprised
of the standards that apply to the treatment of animals.

 
LEGISLATIVE HISTORY:

2017: S.6226 - Referred to Agriculture / A.653 - Referred to Agriculture
2016: S.3201 - Referred to Agriculture / A.352 - Referred to Agricul-
ture.
2015: S.3201 - Referred to Agriculture / A.352 - Referred to Agricul-
ture.
2014: S.6261 - Referred to Agriculture.

 
FISCAL IMPLICATIONS:

Penal Law surcharges become applicable to animal crimes offenses, poten-
tially enhancing state revenue.

 
EFFECTIVE DATE:
This bill shall take effect on the first of November next succeeding the
date on which it shall become a law.

2017-S6226A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6226--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by  Sens.  LANZA,  ADDABBO,  BOYLE, GALLIVAN, MURPHY -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee  on  Agriculture -- recommitted to the Committee on Agricul-
   ture in accordance with Senate Rule 6, sec. 8 -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee
 
 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:
   § 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.
   2-A. "TORTURE" MEANS CONDUCT THAT IS INTENDED TO CAUSE  EXTREME  PHYS-
 ICAL PAIN.
   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, 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.
                                                            LBD02053-02-8

 S. 6226--A                          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.  "Farm  animal", as used in this article, means any ungulate, poul-
 try, species of cattle, sheep, swine, goats, llamas, horses or fur-bear-
 ing animals, as defined in section 11-1907 of the environmental  conser-
 vation  law,  which  are  raised for commercial or subsistence purposes.
 Fur-bearing animal, AS REFERENCED IN THIS  ARTICLE,  shall  not  include
 dogs or cats.
   5.  "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.
   6.  "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.
   7. "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.
   § 2. Sections 351, 353, 353-a, 353-b, 353-d, 355, 360, 361 and 362  of
 the agriculture and markets law are REPEALED.
   §  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:
   § 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.
   §  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:
   § 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.
   § 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:

 S. 6226--A                          3
 
   § 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.
   §  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,

 S. 6226--A                          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-

 S. 6226--A                          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.
   §  7.  Subdivision 8 of section 374 of the agriculture and markets law
 is REPEALED.
   § 8. Section 380 of the agriculture and markets law, as added by chap-
 ter 470 of the laws of 2017, is renumbered section 381 and a new section
 382 is added to read as follows:
   § 382. 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

 S. 6226--A                          6
 
 BE BOUND TO NO SINGLE FACTOR. SUCH ORDER MUST BE IN WRITING AND  SPECIF-
 ICALLY STATE THE PERIOD OF TIME IMPOSED.
   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.
   § 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

 S. 6226--A                          7
 
 SECTION 280.00 DEFINITIONS.
         280.05 PROMOTING ANIMAL FIGHTING IN THE SECOND DEGREE.
         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.
 § 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

 S. 6226--A                          8
 
 WHICH  IT  HAS BEEN MOVED, WITH KNOWLEDGE THAT THE RESTRICTION IS UNLAW-
 FUL.
   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.
 § 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.
 § 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.
 § 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

 S. 6226--A                          9
 
 ADEQUATE TO  MAINTAIN  THE  ANIMAL'S  HEALTH  AND  COMFORT,  OR  CAUSES,
 PROCURES, OR PERMITS SUCH ANIMAL TO BE DEPRIVED OF NUTRITION, HYDRATION,
 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  COMMISSIONER  OF  HEALTH.  THE
 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.
 § 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,

 S. 6226--A                         10
 
 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,  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.
 § 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.
 § 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.
 § 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.
 § 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.
 § 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

 S. 6226--A                         11
 
   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
 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.
 § 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.
 § 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.

 S. 6226--A                         12
 
   (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-
 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.
 § 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.

 S. 6226--A                         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.
 § 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.
 § 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.
 § 280.80 SPECIAL SENTENCING PROVISIONS APPLICABLE.
   IN ADDITION TO ANY OTHER  PENALTY  PROVIDED  BY  LAW,  THE  SENTENCING
 PROVISIONS CONTAINED IN SECTION THREE HUNDRED EIGHTY-TWO OF THE AGRICUL-
 TURE AND MARKETS LAW SHALL BE APPLICABLE TO VIOLATIONS OF THIS ARTICLE.
   §  10.  The penal law is amended by adding a new section 60.22 to read
 as follows:
 § 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.
   §  11.  Paragraph  (c)  of subdivision 1 of section 70.02 of the penal
 law, as amended by chapter 368 of the laws of 2015, 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, labor trafficking as defined in
 paragraphs (a) and (b) of subdivision three of section 135.35,  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

 S. 6226--A                         14
 
 degree as defined in section 490.10, and making a terroristic threat  as
 defined  in  section  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.
   §  12.  Section 195.06 of the penal law, as added by chapter 42 of the
 laws of 1986, is amended to read as follows:
 § 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.
   § 13. Section 195.11 of the penal law, as added by chapter 344 of  the
 laws of 1989, is amended to read as follows:
 §  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.
   §  14. Section 195.12 of the penal law, as added by chapter 344 of the
 laws of 1989, is amended to read as follows:
 § 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.
   § 15. Subdivision 2 of section 265.01 of the penal law, as amended  by
 chapter 269 of the laws of 2016, is amended to read as follows:
   (2)  He  or  she possesses any dagger, dangerous knife, dirk, machete,
 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
   § 16. Severability clause. If any clause, sentence, paragraph,  subdi-
 vision,  section  or  part of this act shall be adjudged by any court of

 S. 6226--A                         15
 
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 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.
   § 17. This act shall  take  effect  on  the  first  of  November  next
 succeeding the date on which it shall have become a law.

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Senate Bill S6226A

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Archive: Last Bill Status - In Senate Committee Agriculture Committee

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2017-S6226 - Details

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