BILL NUMBER:  S961     Revised 1/19/17

 TITLE OF BILL :  An act to amend the penal law, in relation to
elevating the severity of the felony offense of killing a police work
dog or police work horse and establishing the class E felony offense
of injuring a police work dog or police work horse

 PURPOSE :

The purpose of this bill is to increase penalties for the injury or
killing of a police work dog or police work horse.

 SUMMARY OF PROVISIONS :

Section 1: Amends Subdivision section 195.06-a of the penal law to
elevate the existing crime of killing a police work dog or police work
horse from a class E felony to a class D felony.

Section 2 creates a new penal law section 195.06-b to create the
specific offense of injuring a police work dog or a police work horse,
punishable as a class E felony.

 JUSTIFICATION :

On November 15, 2016, Jamestown Police Department K-9 Officer
Mitchell, a six-year-old German Shepherd who has been a member of the
              

Jamestown Police Department since 2011, was grievously injured during
a confrontation with suspected murderer Keith Robbins following a
six-hour standoff. During the apprehension of Robbins, K-9 Officer
Mitchell was stabbed in the throat and under his jaw, causing the
knife to penetrate his tongue, resulting in emergency surgery for his
injuries.

Currently, an individual who intentionally and seriously injures a
police animal in the performance of his duties can be charged pursuant
to Section 195.06 of the penal law and if found guilty would be
subject to a class A misdemeanor, punishable by up to less than a year
in prison.

This bill would carve out a separate felony offense for those who
seriously and intentionally injure a police work dog or police work
horse in the performance of their duties while such animal is under
the supervision of a police officer.

Police work animals, especially dogs, have been subject to numerous
hours of specialized training involving a significant investment of
police force time and financial resources. They, as well as police
horses are often used in highly dangerous situations and have been
trained to work at great risk to themselves. Over the years, state and
federal law enforcement agencies have become more and more reliant
upon police dogs like K-9 Officer Mitchell, which are, as a result of
their heightened senses, vital to crime solving, rescue, and recovery
efforts. With the increase in homeland security threats, police dogs
have become even more critical in bomb sniffing, and risk detection
situations. They are also vital in illegal drug detection efforts.
Police work horses are critical to crowd control, filling in where
police alone and vehicles are insufficient. These animals have been
trained to ignore risk and to proceed into dangerous and
life-threatening situations for the good of the public. They are truly
acting as "public servants" when fulfilling their duties and like
police officers, should enjoy an increased level of protection.

States including, California, Indiana, Ohio, Massachusetts, New
Jersey, Ohio, Oregon and Utah have seen fit to elevate the offense of
injury to police animals to felony status.  Those who intentionally
and seriously injure these true public servants should be deterred
from violence toward them, be held to a higher standard of
accountability and be subject to appropriate punishment.

 LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
The first of November after having become a law.