NY State Senate Bill 2019-S4041

Archive: Last Bill Status - In Senate Committee Domestic Animal Welfare 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to domestic animal welfare
Feb 26, 2019	referred to domestic animal welfare

2019-S4041 (ACTIVE) - Details

Current Committee:: Senate Domestic Animal Welfare
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §123, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S4461
2021-2022: S2047
2023-2024: S1249

2019-S4041 (ACTIVE) - Summary

Increases the penalties for owners of dangerous dogs and subjects certain dangerous dog owners to further investigation.

2019-S4041 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4041

SPONSOR: TEDISCO
 
TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to increas-
ing penalties for the owners of dangerous dogs

 
PURPOSE:

The purpose of this bill is to deter violent offenders from purchasing
and raising possibly dangerous dogs.

 
SUMMARY OF PROVISIONS:

Section 1: Amends subdivisions 6, 7 and 8 and adds subsection 15 to
section 123 of the Agriculture and Markets law.

Subsection 6 is amended to increase penalties from a fine not to exceed
$400 to a fine not to exceed $1000.

Subsection 7 is amended to increase penalties from a fine not to exceed
$1000 to a fine not to exceed $5000 while increasing the punishment from
a single civil penalty up to a class E felony.

Subsection 8 is amended to increase the penalty of a dangerous dog
injuring an individual from a misdemeanor to a Class E Felony, punisha-
ble by a fine up to $5000 and imprisonment for up to two years.

Creates Subsection 15 which, in the case that the owner of a dangerous
dog is found to have previous convictions of violent crimes including
race, assault, sexual assault and robbery, shall be subject to the
search and seizure of illegal materials on their persons or personal
property.

 
JUSTIFICATION:

In Schenectady, as well as many other cities and communities across the
state, we have a problem with gang violence, drugs and sexual assaults.
What we are finding is that commonly, owners of these vicious dogs are
tied to incidents such as these and have already been previously
convicted of violent crimes.

These individuals use dangerous dogs as status symbols and tools of
intimidation. They raise these dogs to be violent protectors and when
not properly restrained and cared for these animals can get out and
cause serious injury to innocent men, women and children who live in the
community.

There also has been a rash of recent attacks by dangerous dog across the
State of New York with attacks on Long Island, New York City and Roches-
ter, to name a few, this is an issue fading the state as a whole and not
my one specific community.

This bill does not focus on any certain breed of dog but on criminally
irresponsible dog owners who create an environment where their dog is
taught to be vicious and can attack and harm others.

 
BILL HISTORY:
02/15/17 S.4461 REFERRED TO AGRICULTURE
01/03/18 S.4461 REFERRED TO AGRICULTURE

 
EFFECTIVE DATE:
This act shall take of effect on the sixteenth day after it becomes law.

2019-S4041 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4041
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2019
                                ___________
 
 Introduced  by  Sen. TEDISCO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Domestic Animal Welfare
 
 AN ACT to amend the agriculture and markets law, in relation to increas-
   ing penalties for the owners of dangerous dogs
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions 6, 7 and 8 of section 123 of the agriculture
 and markets law, subdivision 6 as amended by chapter 392 of the laws  of
 2004,  subdivisions  7  and  8  as amended by chapter 526 of the laws of
 2005, and such section as renumbered by section 18 of part T of  chapter
 59 of the laws of 2010, are amended and a new subdivision 15 is added to
 read as follows:
   6.  The  owner  of a dog who, through any act or omission, negligently
 permits his or her dog to bite a person[, service  dog,  guide  dog]  or
 [hearing] dog causing physical injury shall be subject to a civil penal-
 ty  not to exceed [four hundred] ONE THOUSAND dollars in addition to any
 other applicable penalties.
   7. The owner of a dog who, through any act  or  omission,  negligently
 permits  his or her dog to bite a person causing serious physical injury
 shall be subject to a civil penalty AND UP TO A CLASS E FELONY  PUNISHA-
 BLE  BY  A  FINE  OF  not  to  exceed [one] FIVE thousand [five hundred]
 dollars in addition to any other applicable penalties. 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.
   8.  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 bite a person causing serious
 physical injury, shall be guilty  of  a  [misdemeanor]  CLASS  E  FELONY
 punishable  by a fine of not more than [three] FIVE thousand dollars, or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06212-01-9

 S. 4041                             2
 
 by a period of imprisonment not to exceed [ninety days] TWO YEARS, or by
 both such fine and imprisonment in  addition  to  any  other  applicable
 penalties.  Any  such fine 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.
   15.  ANY  PERSON FOUND TO BE IN VIOLATION OF SUBDIVISION SIX, SEVEN OR
 EIGHT OF THIS SECTION AND WHO HAS EVER  BEEN  CONVICTED  OF  ANY  FELONY
 OFFENSE UNDER TITLE H OF PART THREE OF THE PENAL LAW SHALL BE SUBJECT TO
 FURTHER  INVESTIGATION,  INCLUDING,  BUT NOT LIMITED TO A SEARCH OF SUCH
 PERSON'S PERSONAL AND REAL PROPERTY AND THE SEIZURE OF ANY ILLEGAL MATE-
 RIALS.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.

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Senate Bill S4041

Sponsored By

Archive: Last Bill Status - In Senate Committee Domestic Animal Welfare Committee

2019-S4041 (ACTIVE) - Details

2019-S4041 (ACTIVE) - Summary

2019-S4041 (ACTIVE) - Sponsor Memo

2019-S4041 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4041

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Sponsored By

James Tedisco

Archive: Last Bill Status - In Senate Committee Domestic Animal Welfare Committee

2019-S4041 (ACTIVE) - Details

2019-S4041 (ACTIVE) - Summary

2019-S4041 (ACTIVE) - Sponsor Memo

2019-S4041 (ACTIVE) - Bill Text download pdf

Comments