Assembly Bill A10255

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10255
 
                           I N  A S S E M B L Y
 
                               May 15, 2024
                                ___________
 
 Introduced  by  COMMITTEE  ON  RULES  --  (at request of M. of A. Stern,
   Gandolfo, Bronson, Burdick, Clark,  Epstein,  Fahy,  Gunther,  Hevesi,
   Jacobson,  Jean-Pierre,  Jones,  Kelles,  Lavine, Levenberg, Lunsford,
   McMahon, Paulin, Ramos, Rivera, L. Rosenthal, Santabarbara,  Sillitti,
   Simon,  Stirpe, Thiele, Wallace, Woerner, Zebrowski, Zinerman) -- read
   once and referred to the Committee on Codes

 AN ACT to amend the executive law, in relation to providing for the care
   of retired law enforcement dogs
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new section 844 to
 read as follows:
   § 844. CARE FOR RETIRED LAW ENFORCEMENT DOGS.  1. DEFINITIONS. FOR THE
 PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:
   (A) "RETIRED LAW ENFORCEMENT DOG" SHALL MEAN A DOG THAT WAS PREVIOUSLY
 IN THE SERVICE OF OR UTILIZED BY A LAW ENFORCEMENT AGENCY OR  A  CORREC-
 TIONAL  AGENCY  IN THIS STATE FOR THE PRINCIPAL PURPOSE OF AIDING IN THE
 DETECTION OF CRIMINAL ACTIVITY, ENFORCEMENT OF LAWS, OR APPREHENSION  OF
 OFFENDERS  AND  THAT RECEIVED CERTIFICATION ISSUED BY THE DIVISION OR BY
 THE DIVISION OF STATE POLICE ATTESTING TO THE SATISFACTORY COMPLETION OF
 A POLICE CANINE TRAINING PROGRAM.
   (B) "LAW ENFORCEMENT AGENCY" SHALL MEAN ANY AGENCY  OR  DEPARTMENT  OF
 ANY  MUNICIPALITY,  ANY  POLICE  DISTRICT,  OR  ANY  AGENCY, DEPARTMENT,
 COMMISSION, AUTHORITY OR PUBLIC BENEFIT CORPORATION OF THE STATE EMPLOY-
 ING A POLICE OFFICER OR POLICE OFFICERS  AS  THAT  TERM  IS  DEFINED  IN
 SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
   (C)  "CORRECTIONAL AGENCY" SHALL MEAN ANY PLACE OPERATED BY THE STATE,
 COUNTY OR CITY OF NEW YORK HAVING PRIMARY RESPONSIBILITY FOR THE  SUPER-
 VISION,  PROTECTION,  CARE, CUSTODY, CONTROL, OR INVESTIGATION OF INCAR-
 CERATED INDIVIDUALS OF THE STATE EMPLOYING POLICE OFFICERS AS DEFINED IN
 PARAGRAPH (B) OF SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL
 PROCEDURE LAW OR PEACE OFFICERS AS THAT TERM IS DEFINED  IN  SUBDIVISION
 TWENTY-FIVE OF SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07924-04-4
 A. 10255                            2
 
   (D)  "VETERINARY  CARE" SHALL MEAN THE PRACTICE, BY A VETERINARIAN, OF
 VETERINARY MEDICINE AS DEFINED IN ARTICLE ONE HUNDRED THIRTY-FIVE OF THE
 EDUCATION LAW. THE TERM SHALL ALSO INCLUDE BUT NOT BE LIMITED TO  ANNUAL
 WELLNESS  EXAMINATIONS,  VACCINATIONS,  INTERNAL  AND  EXTERNAL PARASITE
 PREVENTION  TREATMENTS, TESTING AND TREATMENT OF ILLNESSES AND DISEASES,
 MEDICATIONS, EMERGENCY CARE AND SURGERIES, PHYSICAL THERAPY,  VETERINARY
 ONCOLOGY OR OTHER SPECIALTY CARE, EUTHANASIA, AND CREMATION.
   2.  THE DIVISION SHALL ESTABLISH A PROGRAM FOR THE CARE OF RETIRED LAW
 ENFORCEMENT DOGS AND SHALL PROMULGATE RULES AND REGULATIONS TO  EFFECTU-
 ATE SUCH PROGRAM.
   3. THE PROGRAM SHALL COVER THE COST OF VETERINARY CARE FOR RETIRED LAW
 ENFORCEMENT DOGS FOR THE REMAINDER OF THE LIFETIME OF SUCH DOGS.
   4.  IN ORDER TO BE ELIGIBLE FOR THE PROGRAM, THE HANDLER OR ADOPTER OF
 THE RETIRED LAW ENFORCEMENT DOG SHALL PROVIDE PROOF THAT THE DOG WAS  IN
 SERVICE AS A LAW ENFORCEMENT DOG FOR AT LEAST:
   (A) FIVE YEARS; OR
   (B) WAS TAKEN OUT OF SERVICE DUE TO AN INJURY TO THE DOG; OR
   (C)  WAS  TAKEN  OUT  OF  SERVICE  DUE TO THE DOG BEING TRAINED IN THC
 DETECTION.
   5. A HANDLER OR ADOPTER OF AN ELIGIBLE LAW ENFORCEMENT  DOG  SHALL  BE
 ENTITLED  TO  BE  REIMBURSED  FOR  THE  COST  OF  VETERINARY  CARE  UPON
 SUBMISSION OF A VALID INVOICE FROM A VETERINARIAN.
   § 2. The program established by section 844 of the executive  law,  as
 added by section one of this act shall be subject to an appropriation to
 the division of criminal justice services out of any moneys in the state
 treasury in the general fund.
   § 3. This act shall take effect April 1, 2025.