Senate Bill S233

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    233
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
   printed to be committed 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
 animal,  whether  wild  or  tame, and whether belonging to himself or to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00103-01-3
 S. 233                              2
 
 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.
   §  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:
 S. 233                              3
 
   § 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.