S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    614
 
                        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 -- read once and referred to the
   Committee on Agriculture
 
 AN ACT to amend the agriculture and markets law, in relation  to  estab-
   lishing the crimes of sexual conduct with an animal resulting in inju-
   ry or death and sexual conduct with an animal

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The agriculture and markets law is amended by adding a  new
 section 353-g to read as follows:
   §  353-G.  SEXUAL CONDUCT WITH AN ANIMAL RESULTING IN INJURY OR DEATH.
 1. A PERSON IS GUILTY OF SEXUAL CONDUCT  WITH  AN  ANIMAL  RESULTING  IN
 INJURY  OR DEATH WHEN HE OR SHE ENGAGES IN SEXUAL CONDUCT WITH AN ANIMAL
 WHICH RESULTS IN THE INJURY OR DEATH OF SUCH ANIMAL. FOR THE PURPOSES OF
 THIS SECTION, "SEXUAL CONDUCT" SHALL HAVE THE SAME MEANING  AS  PROVIDED
 IN SECTION 130.00 OF THE PENAL LAW.
   2. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT OR
 INTERFERE  IN  ANY  WAY  WITH  ANYONE  LAWFULLY  ENGAGED IN ANY PROPERLY
 CONDUCTED SCIENTIFIC TESTS, EXPERIMENTS, OR INVESTIGATIONS INVOLVING THE
 USE OF LIVING ANIMALS, PERFORMED OR CONDUCTED IN LABORATORIES OR  INSTI-
 TUTIONS  APPROVED FOR SUCH PURPOSES BY THE COMMISSIONER OF HEALTH PURSU-
 ANT TO SECTION THREE HUNDRED FIFTY-THREE OF THIS ARTICLE.
   3. SEXUAL CONDUCT WITH AN ANIMAL RESULTING IN INJURY  OR  DEATH  IS  A
 FELONY.  A DEFENDANT CONVICTED OF THIS OFFENSE SHALL BE SENTENCED PURSU-
 ANT TO PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION 55.10  OF  THE  PENAL
 LAW.
   4. IN ADDITION TO THE PENALTY IMPOSED PURSUANT TO SUBDIVISION THREE OF
 THIS SECTION, THE COURT SHALL ORDER A PERSON CONVICTED OF VIOLATING THIS
 SECTION TO:
   (A)  RELINQUISH  AND  PERMANENTLY FORFEIT CUSTODY OF ALL ANIMALS UNDER
 SUCH PERSON'S  OWNERSHIP,  POSSESSION,  CONTROL,  OR  RESIDING  IN  SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00411-01-1

 A. 614                              2
 
 PERSON'S  HOUSEHOLD  TO  A  POUND,  DULY  INCORPORATED  SOCIETY  FOR THE
 PREVENTION OF CRUELTY TO ANIMALS, DULY INCORPORATED HUMANE  SOCIETY,  OR
 DULY  INCORPORATED  ANIMAL  PROTECTIVE ASSOCIATION, OR IF SUCH PERSON IS
 NOT  THE  OWNER  OF  SUCH ANIMAL OR ANIMALS, THEN SUCH ANIMAL OR ANIMALS
 SHALL BE RETURNED TO THE OWNER OF SUCH ANIMAL OR ANIMALS;
   (B) BE PERMANENTLY PROHIBITED FROM HARBORING, OWNING,  POSSESSING,  OR
 EXERCISING  CONTROL  OVER  ANY  ANIMAL,  RESIDING IN ANY HOUSEHOLD WHERE
 ANIMALS ARE PRESENT, OR WORKING OR VOLUNTEERING IN A  PLACE  WHERE  SUCH
 PERSON HAS UNSUPERVISED ACCESS TO ANIMALS;
   (C)  REIMBURSE THE POUND, DULY INCORPORATED SOCIETY FOR THE PREVENTION
 OF CRUELTY TO ANIMALS, DULY INCORPORATED HUMANE SOCIETY, OR DULY  INCOR-
 PORATED  ANIMAL PROTECTIVE ASSOCIATION FOR ANY REASONABLE COSTS INCURRED
 FOR THE CARE AND MAINTENANCE OF THE ANIMAL INVOLVED IN SUCH VIOLATION IN
 ADDITION TO ANY OTHER ANIMALS RELINQUISHED TO SUCH POUND, DULY  INCORPO-
 RATED  SOCIETY  FOR  THE PREVENTION OF CRUELTY TO ANIMALS, DULY INCORPO-
 RATED HUMANE SOCIETY, OR DULY INCORPORATED ANIMAL PROTECTIVE ASSOCIATION
 PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION; AND
   (D) WHERE THE ANIMAL WAS INJURED AS A RESULT OF  SUCH  VIOLATION,  PAY
 THE  COSTS  OF ANY VETERINARY MEDICAL TREATMENT OR REHABILITATION NEEDED
 AS A RESULT OF SUCH INJURY.
   § 2. The agriculture and markets  law  is  amended  by  adding  a  new
 section 353-h to read as follows:
   § 353-H. SEXUAL CONDUCT WITH AN ANIMAL. 1. A PERSON IS GUILTY OF SEXU-
 AL  CONDUCT WITH AN ANIMAL WHEN HE OR SHE ENGAGES IN SEXUAL CONDUCT WITH
 ANY ANIMAL. FOR THE  PURPOSES OF THIS SECTION,  "SEXUAL  CONDUCT"  SHALL
 HAVE THE SAME MEANING AS PROVIDED IN  SECTION 130.00 OF THE PENAL LAW.
   2. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT OR
 INTERFERE  IN  ANY  WAY  WITH  ANYONE  LAWFULLY  ENGAGED IN ANY PROPERLY
 CONDUCTED SCIENTIFIC TESTS, EXPERIMENTS, OR INVESTIGATIONS INVOLVING THE
 USE OF LIVING ANIMALS, PERFORMED OR CONDUCTED IN LABORATORIES OR  INSTI-
 TUTIONS  APPROVED FOR SUCH PURPOSES BY THE COMMISSIONER OF HEALTH PURSU-
 ANT TO SECTION THREE HUNDRED FIFTY-THREE OF THIS ARTICLE.
   3. SEXUAL CONDUCT  WITH  AN  ANIMAL  IS  A  MISDEMEANOR.  A  DEFENDANT
 CONVICTED  OF THIS  OFFENSE SHALL BE SENTENCED PURSUANT TO PARAGRAPH (B)
 OF SUBDIVISION TWO OF SECTION 55.10 OF THE PENAL LAW.
   4. IN ADDITION TO THE PENALTY IMPOSED PURSUANT TO SUBDIVISION THREE OF
 THIS SECTION, THE COURT SHALL ORDER A PERSON CONVICTED OF VIOLATING THIS
 SECTION TO:
   (A) RELINQUISH AND PERMANENTLY FORFEIT CUSTODY OF  ALL  ANIMALS  UNDER
 SUCH  PERSON'S  OWNERSHIP,  POSSESSION,  CONTROL,  OR  RESIDING  IN SUCH
 PERSON'S HOUSEHOLD  TO  A  POUND,  DULY  INCORPORATED  SOCIETY  FOR  THE
 PREVENTION  OF  CRUELTY TO ANIMALS, DULY INCORPORATED HUMANE SOCIETY, OR
 DULY INCORPORATED ANIMAL PROTECTIVE ASSOCIATION, OR IF  SUCH  PERSON  IS
 NOT  THE  OWNER  OF  SUCH ANIMAL OR ANIMALS, THEN SUCH ANIMAL OR ANIMALS
 SHALL BE RETURNED TO THE OWNER OF SUCH ANIMAL OR ANIMALS;
   (B) BE PERMANENTLY PROHIBITED FROM HARBORING, OWNING,  POSSESSING,  OR
 EXERCISING  CONTROL  OVER  ANY  ANIMAL,  RESIDING IN ANY HOUSEHOLD WHERE
 ANIMALS ARE PRESENT, OR WORKING OR VOLUNTEERING IN A  PLACE  WHERE  SUCH
 PERSON HAS UNSUPERVISED ACCESS TO ANIMALS; AND
   (C)  REIMBURSE THE POUND, DULY INCORPORATED SOCIETY FOR THE PREVENTION
 OF CRUELTY TO ANIMALS, DULY INCORPORATED HUMANE SOCIETY, OR DULY  INCOR-
 PORATED  ANIMAL PROTECTIVE ASSOCIATION FOR ANY REASONABLE COSTS INCURRED
 FOR THE CARE AND MAINTENANCE OF THE ANIMAL INVOLVED IN SUCH VIOLATION IN
 ADDITION TO ANY OTHER ANIMALS RELINQUISHED TO SUCH POUND, DULY  INCORPO-
 RATED  SOCIETY  FOR  THE PREVENTION OF CRUELTY TO ANIMALS, DULY INCORPO-

 A. 614                              3
 
 RATED HUMANE SOCIETY, OR DULY INCORPORATED ANIMAL PROTECTIVE ASSOCIATION
 PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION.
   § 3. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.