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Assembly Bill A3755

2019-2020 Legislative Session

Relates to attacks on service dogs

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Archive: Last Bill Status - In Assembly Committee

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2019-A3755 (ACTIVE) - Details

Current Committee:
Assembly Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §121, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1089
2011-2012: A4720
2013-2014: A2904
2015-2016: A2912
2017-2018: A5148

2019-A3755 (ACTIVE) - Summary

Relates to attacks on service dogs; provides for a penalty of $1000 for the attack on a service dog or user of such service dog and a fine of $2000 for an attack on both dog and user; also provides that if the attacking dog has previously been found to be a dangerous dog, then such fines shall be $2000 and $4000 respectively, and such may also be punishable with 90 days imprisonment.

2019-A3755 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3755
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2019
                                ___________
 
 Introduced  by M. of A. McDONOUGH, MALLIOTAKIS, RAIA, BRABENEC -- Multi-
   Sponsored by -- M. of A. M. L. MILLER,  MORINELLO  --  read  once  and
   referred to the Committee on Agriculture
 
 AN  ACT to amend the agriculture and markets law, in relation to attacks
   on service dogs and their users

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 121 of the agriculture and markets law is amended
 by adding two new subdivisions 2-a and 2-b to read as follows:
   2-A. THE OWNER OF A DOG WHO, THROUGH ANY ACT OR OMISSION,  NEGLIGENTLY
 PERMITS  HIS  OR HER DOG TO ATTACK AND INJURE ANY SERVICE DOG, GUIDE DOG
 OR HEARING DOG, OR TO BITE AND CAUSE  SERIOUS  PHYSICAL  INJURY  TO  THE
 PERSON  USING  SUCH  SERVICE  DOG,  GUIDE  DOG  OR HEARING DOG, SHALL BE
 SUBJECT TO A CIVIL PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS  IN  ADDI-
 TION TO ANY OTHER APPLICABLE PENALTIES. IF THE SERVICE DOG, GUIDE DOG OR
 HEARING  DOG,  AND  THE PERSON USING SUCH DOG ARE BOTH INJURED, THEN THE
 FINE APPLICABLE UNDER THIS SUBDIVISION SHALL BE INCREASED TO  TWO  THOU-
 SAND  DOLLARS.  ANY  SUCH  PENALTY MAY BE REDUCED BY ANY AMOUNT WHICH IS
 PAID AS RESTITUTION BY THE OWNER OF THE DOG TO  THE  PERSON  OR  PERSONS
 SUFFERING  SERIOUS  PHYSICAL  INJURY  AS  COMPENSATION  FOR UNREIMBURSED
 MEDICAL EXPENSES, LOST EARNINGS AND OTHER DAMAGES  RESULTING  FROM  SUCH
 INJURY.
   2-B.  THE OWNER OF A DOG WHO, THROUGH ANY ACT OR OMISSION, NEGLIGENTLY
 PERMITS HIS OR HER DOG, WHICH  HAD  PREVIOUSLY  BEEN  DETERMINED  TO  BE
 DANGEROUS  PURSUANT  TO  THIS  ARTICLE, TO ATTACK AND INJURE ANY SERVICE
 DOG, GUIDE DOG OR HEARING DOG, OR TO BITE  AND  CAUSE  SERIOUS  PHYSICAL
 INJURY  TO  THE PERSON USING SUCH SERVICE DOG, GUIDE DOG OR HEARING DOG,
 SHALL BE GUILTY OF A MISDEMEANOR PUNISHABLE BY A FINE OF NOT  MORE  THAN
 TWO THOUSAND DOLLARS, OR BY A PERIOD OF IMPRISONMENT NOT TO EXCEED NINE-
 TY  DAYS, OR BY BOTH SUCH FINE AND IMPRISONMENT IN ADDITION TO ANY OTHER
 APPLICABLE PENALTIES. IF THE SERVICE DOG, GUIDE DOG, OR HEARING DOG, AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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