S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    658
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN,  GUNTHER,  GALEF, MOSLEY, ZEBROWSKI,
   L. ROSENTHAL, OTIS, HEVESI -- Multi-Sponsored by -- M. of  A.  COLTON,
   COOK, THIELE -- read once and referred to the Committee on Agriculture
 
 AN ACT to amend the agriculture and markets law, in relation to limiting
   the right of a person who has violated certain animal cruelty statutes
   from working at an animal shelter
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 353-a of the agriculture and markets law is amended
 by adding a new subdivision 4 to read as follows:
   4. NO PERSON WHO IS CONVICTED OF A VIOLATION OF THIS SECTION SHALL  BE
 ALLOWED  TO  ACCEPT  OR  REMAIN  IN A POSITION AS A DOG CONTROL OFFICER,
 ANIMAL CONTROL OFFICER, OR AS  A  PAID  EMPLOYEE  OR  VOLUNTEER  AT  THE
 FOLLOWING TYPES OF ESTABLISHMENTS: AN ANIMAL SHELTER, POUND, DULY INCOR-
 PORATED HUMANE SOCIETY, DULY INCORPORATED ANIMAL PROTECTIVE ASSOCIATION,
 OR  DULY  INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS,
 ON AND AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION.   FOR THE  PURPOSES
 OF  THIS  SUBDIVISION,  THE  TERM  "VOLUNTEER"  SHALL NOT INCLUDE ANYONE
 REQUIRED BY COURT ORDER TO FULFILL A COMMUNITY  SERVICE  REQUIREMENT  IN
 SERVICE  AT ANY ANIMAL SHELTER, POUND, DULY INCORPORATED HUMANE SOCIETY,
 DULY INCORPORATED ANIMAL PROTECTIVE ASSOCIATION,  OR  DULY  INCORPORATED
 SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS.  ANY DOG CONTROL OFFI-
 CER,  ANIMAL  CONTROL  OFFICER  OR  PAID  EMPLOYEE OR VOLUNTEER FOUND IN
 VIOLATION OF THIS SUBDIVISION SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
   § 2. Section 353 of the agriculture and markets  law,  as  amended  by
 chapter  458 of the laws of 1985 and the opening paragraph as amended by
 chapter 523 of the laws of 2005, is amended to read as follows:
   § 353. Overdriving, torturing and injuring animals; failure to provide
 proper sustenance. 1. A person who overdrives,  overloads,  tortures  or
 cruelly  beats  or  unjustifiably injures, maims, mutilates or kills any
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02744-01-9

 A. 658                              2
 
 animal, whether wild or tame, and whether belonging  to  himself  or  to
 another,  or deprives any animal of necessary sustenance, food or drink,
 or neglects or refuses to furnish it such sustenance or drink, or  caus-
 es,  procures  or  permits  any  animal  to  be  overdriven, overloaded,
 tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or
 killed, or to be deprived of necessary food or drink,  or  who  wilfully
 sets  on foot, instigates, engages in, or in any way furthers any act of
 cruelty to any animal, or any act tending to produce  such  cruelty,  is
 guilty  of  a  class  A misdemeanor and for purposes of paragraph (b) of
 subdivision one of section 160.10 of the criminal procedure  law,  shall
 be treated as a misdemeanor defined in the penal law.
   2.  Nothing  herein contained shall be construed to prohibit or inter-
 fere with any properly conducted scientific tests, experiments or inves-
 tigations, 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  duly  authorized 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.
   3. NO PERSON WHO IS CONVICTED OF A VIOLATION OF THIS SECTION SHALL  BE
 ALLOWED  TO  ACCEPT  OR  REMAIN  IN A POSITION AS A DOG CONTROL OFFICER,
 ANIMAL CONTROL OFFICER, OR AS  A  PAID  EMPLOYEE  OR  VOLUNTEER  AT  THE
 FOLLOWING TYPES OF ESTABLISHMENTS: AN ANIMAL SHELTER, POUND, DULY INCOR-
 PORATED HUMANE SOCIETY, DULY INCORPORATED ANIMAL PROTECTIVE ASSOCIATION,
 OR  DULY  INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS,
 ON AND AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION.   FOR THE  PURPOSES
 OF  THIS  SUBDIVISION,  THE  TERM  "VOLUNTEER"  SHALL NOT INCLUDE ANYONE
 REQUIRED BY COURT ORDER TO FULFILL A COMMUNITY  SERVICE  REQUIREMENT  IN
 SERVICE  AT ANY ANIMAL SHELTER, POUND, DULY INCORPORATED HUMANE SOCIETY,
 DULY INCORPORATED ANIMAL PROTECTIVE ASSOCIATION,  OR  DULY  INCORPORATED
 SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS.  ANY DOG CONTROL OFFI-
 CER,  ANIMAL  CONTROL  OFFICER  OR  PAID  EMPLOYEE OR VOLUNTEER FOUND IN
 VIOLATION OF THIS SUBDIVISION SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
   § 3. Section 351 of the agriculture and  markets  law  is  amended  by
 adding a new subdivision 7 to read as follows:
   7.  NO PERSON WHO IS CONVICTED OF A VIOLATION OF THIS SECTION SHALL BE
 ALLOWED TO ACCEPT OR REMAIN IN A POSITION  AS  A  DOG  CONTROL  OFFICER,
 ANIMAL  CONTROL  OFFICER,  OR  AS  A  PAID  EMPLOYEE OR VOLUNTEER AT THE
 FOLLOWING TYPES OF ESTABLISHMENTS: AN ANIMAL SHELTER, POUND, DULY INCOR-
 PORATED HUMANE SOCIETY, DULY INCORPORATED ANIMAL PROTECTIVE ASSOCIATION,
 OR DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY  TO  ANIMALS,
 ON AND AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION. FOR THE PURPOSES OF
 THIS SUBDIVISION, THE TERM "VOLUNTEER" SHALL NOT INCLUDE ANYONE REQUIRED
 BY  COURT ORDER TO FULFILL A COMMUNITY SERVICE REQUIREMENT IN SERVICE AT
 ANY ANIMAL SHELTER, POUND, DULY INCORPORATED HUMANE SOCIETY, DULY INCOR-
 PORATED ANIMAL PROTECTIVE ASSOCIATION, OR DULY INCORPORATED SOCIETY  FOR
 THE  PREVENTION  OF CRUELTY TO ANIMALS.  ANY DOG CONTROL OFFICER, ANIMAL
 CONTROL OFFICER OR PAID EMPLOYEE OR VOLUNTEER FOUND IN VIOLATION OF THIS
 SUBDIVISION SHALL BE GUILTY OF A CLASS A MISDEMEANOR.

 A. 658                              3
 
   § 4. Section 355 of the agriculture and markets  law,  as  amended  by
 chapter 458 of the laws of 1985, is amended to read as follows:
   § 355. Abandonment  of animals. 1. A person being the owner or posses-
 sor, or having charge or custody of an animal, who abandons such animal,
 or leaves it to die in a street, road or public  place,  or  who  allows
 such  animal,  if it become disabled, to lie in a public street, road or
 public place more than three hours after he receives notice that  it  is
 left  disabled,  is  guilty of a misdemeanor, punishable by imprisonment
 for not more than one year, or by a fine of not more than  one  thousand
 dollars, or by both.
   2.  NO PERSON WHO IS CONVICTED OF A VIOLATION OF THIS SECTION SHALL BE
 ALLOWED TO ACCEPT OR REMAIN IN A POSITION  AS  A  DOG  CONTROL  OFFICER,
 ANIMAL  CONTROL  OFFICER,  OR  AS  A  PAID  EMPLOYEE OR VOLUNTEER AT THE
 FOLLOWING TYPES OF ESTABLISHMENTS: AN ANIMAL SHELTER, POUND, DULY INCOR-
 PORATED HUMANE SOCIETY, DULY INCORPORATED ANIMAL PROTECTIVE ASSOCIATION,
 OR DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY  TO  ANIMALS,
 ON AND AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION. FOR THE PURPOSES OF
 THIS SUBDIVISION, THE TERM "VOLUNTEER" SHALL NOT INCLUDE ANYONE REQUIRED
 BY  COURT ORDER TO FULFILL A COMMUNITY SERVICE REQUIREMENT IN SERVICE AT
 ANY ANIMAL SHELTER, POUND, DULY INCORPORATED HUMANE SOCIETY, DULY INCOR-
 PORATED ANIMAL PROTECTIVE ASSOCIATION, OR DULY INCORPORATED SOCIETY  FOR
 THE  PREVENTION  OF CRUELTY TO ANIMALS.  ANY DOG CONTROL OFFICER, ANIMAL
 CONTROL OFFICER OR PAID EMPLOYEE OR VOLUNTEER FOUND IN VIOLATION OF THIS
 SUBDIVISION SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
   § 5. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.