S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    536
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of A. L. ROSENTHAL, ENGLEBRIGHT, FAHY, OTIS, THIELE,
   STECK, WEPRIN, DAVILA,  CUSICK,  SANTABARBARA,  ZEBROWSKI,  BENEDETTO,
   BARRETT, PAULIN, SEAWRIGHT, COLTON, DiPIETRO, MONTESANO -- Multi-Spon-
   sored by -- M. of A.  GALEF, GLICK, HEVESI, LUPARDO, McDONOUGH, SIMON,
   SOLAGES -- read once and referred 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.
   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.
              

                                                            LBD00424-01-1

 A. 536                              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:

 A. 536                              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 as amended by
 chapter 289 of the laws of  2018,  subparagraph  1  of  paragraph  b  as
 amended  by  chapter 531 of the laws of 2013 and subparagraph 2 of para-
 graph 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 in which criminal charges have been filed 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 charg-
 es  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 sufficient to secure payment for all
 reasonable expenses expected to be incurred by the impounding  organiza-
 tion  in  caring and providing for the animal pending disposition of the
 charges. Reasonable expenses shall include, but not be limited to, esti-
 mated 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  organ-
 ization 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

 A. 536                              4
 
 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
 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-

 A. 536                              5
 
 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
 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

 A. 536                              6
 
 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
 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

 A. 536                              7
 
                                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.
         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

 A. 536                              8
 
 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
 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

 A. 536                              9
 
 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
   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.

 A. 536                             10
 
   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
 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:

 A. 536                             11
 
   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.
   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. 536                             12
 
   (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
 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

 A. 536                             13
 
 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.
   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

 A. 536                             14
 
 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
 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:

 A. 536                             15

   (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
 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.