S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8038
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 22, 2025
                                ___________
 
 Introduced  by M. of A. RA -- read once and referred to the Committee on
   Codes
 
 AN ACT to amend the penal law and the state finance law, in relation  to
   a  fee  for  certain convictions to benefit animal shelters and estab-
   lishing the animal offenses assistance fund
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (a)  of  subdivision 1 of section 60.35 of the
 penal law, as amended by section 1 of part E of chapter 56 of  the  laws
 of  2004,  subparagraphs (i), (ii) and (iii)  as amended by section 1 of
 part DD of chapter 56 of the  laws  of  2008,  is  amended  to  read  as
 follows:
   (a) Except as provided in section eighteen hundred nine of the vehicle
 and  traffic law and section 27.12 of the parks, recreation and historic
 preservation law, whenever proceedings in an administrative tribunal  or
 a  court  of this state result in a conviction for a felony, a misdemea-
 nor, or a violation, as these terms are defined in section 10.00 of this
 chapter, there shall be levied at sentencing a mandatory surcharge,  sex
 offender  registration  fee, DNA databank fee and a crime victim assist-
 ance fee in addition to any sentence required or permitted  by  law,  in
 accordance with the following schedule:
   (i)  a person convicted of a felony shall pay a mandatory surcharge of
 three hundred dollars and a crime victim assistance fee  of  twenty-five
 dollars, AND AN ANIMAL OFFENSES ASSISTANCE FEE OF FIVE DOLLARS;
   (ii)  a  person  convicted  of  a  misdemeanor  shall  pay a mandatory
 surcharge of one hundred seventy-five dollars and a crime victim assist-
 ance fee of twenty-five dollars, AND AN ANIMAL OFFENSES  ASSISTANCE  FEE
 OF FIVE DOLLARS;
   (iii)  a  person  convicted  of  a  violation  shall  pay  a mandatory
 surcharge of ninety-five dollars and a crime victim  assistance  fee  of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10848-01-5
 A. 8038                             2
              

 
 twenty-five  dollars,  AND  AN  ANIMAL  OFFENSES  ASSISTANCE FEE OF FIVE
 DOLLARS;
   (iv) a person convicted of a sex offense as defined by subdivision two
 of section one hundred sixty-eight-a of the correction law or a sexually
 violent  offense  as defined by subdivision three of section one hundred
 sixty-eight-a of the correction law shall, in addition  to  a  mandatory
 surcharge  and crime victim assistance fee, pay a sex offender registra-
 tion fee of fifty dollars.
   (v) a person convicted of a designated offense as defined by  subdivi-
 sion  seven  of  section  nine  hundred ninety-five of the executive law
 shall, in addition to a mandatory surcharge and crime victim  assistance
 fee, pay a DNA databank fee of fifty dollars.
   §  2. The state finance law is amended by adding a new section 98-e to
 read as follows:
   § 98-E. ANIMAL OFFENSES ASSISTANCE FUND. 1.  THERE  IS  HEREBY  ESTAB-
 LISHED  IN  THE CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF
 TAXATION AND FINANCE A FUND TO BE KNOWN AS THE "ANIMAL OFFENSES  ASSIST-
 ANCE FUND".
   2.  SUCH  FUND  SHALL  CONSIST  OF  THE ANIMAL OFFENSES ASSISTANCE FEE
 IMPOSED PURSUANT TO SECTION 60.35 OF THE PENAL LAW, AND ALL OTHER MONEYS
 CREDITED OR TRANSFERRED THERETO FROM ANY OTHER FUND OR  SOURCE  PURSUANT
 TO LAW.
   3. (A) MONEYS OF THE FUND SHALL BE AVAILABLE FOR COSTS AND EXPENSES OF
 ANIMAL  SHELTERS  INCURRED IN THE CARE AND MAINTENANCE OF ANIMALS SEIZED
 AND SURRENDERED TO SHELTERS AS A RESULT OF ABUSE OR OTHER OFFENSES UNDER
 THE PENAL LAW OR THE AGRICULTURE AND MARKETS LAW RELATED TO  THE  TREAT-
 MENT OF ANIMALS IN THIS STATE.
   (B)  THE  COMMISSIONER OF AGRICULTURE AND MARKETS SHALL AWARD FUNDS TO
 ANIMALS SHELTERS THROUGH AN APPLICATION PROCESS TO BE  DESIGNED  BY  THE
 COMMISSIONER WHICH SHALL DEMONSTRATE THE NEEDS OF THE SHELTER IN PROVID-
 ING  CARE  AND TREATMENT TO ABUSED AND NEGLECTED ANIMALS INCLUDING FOOD,
 SHELTER AND VETERINARY CARE.
   (C) FOR THE PURPOSES OF THIS SECTION, "ANIMAL SHELTER"  SHALL  MEAN  A
 PUBLIC  OR  NOT-FOR-PROFIT  ENTITY OWNING, OPERATING, OR OTHERWISE MAIN-
 TAINING A BUILDING, STRUCTURE, OR FACILITY WHERE TEMPORARY OR  PERMANENT
 HOUSING  AND  CARE  IS  PROVIDED  TO  STRAY,  ABANDONED, ABUSED, SEIZED,
 IMPOUNDED, OWNER-SURRENDERED OR OTHERWISE UNWANTED ANIMALS REGARDLESS OF
 WHETHER OR NOT SUCH FACILITY ALSO SERVES AS A PERSONAL  RESIDENCE.  THIS
 INCLUDES  BUT  IS  NOT  LIMITED TO: FACILITIES OWNED, OPERATED, OR MAIN-
 TAINED BY A DULY INCORPORATED SOCIETY FOR THE PREVENTION OF  CRUELTY  TO
 ANIMALS, DULY INCORPORATED HUMANE SOCIETY, DOG OR CAT PROTECTIVE ASSOCI-
 ATION,  OR  POUND; ANY PERSON IN THE EMPLOY OF, OR ORGANIZATION OPERATED
 BY OR UNDER CONTRACT TO A MUNICIPALITY TO PROVIDE  CARE  FOR  SEIZED  OR
 IMPOUNDED  ANIMALS; OR ANY OTHER NOT-FOR-PROFIT ORGANIZATION INVOLVED IN
 THE PROTECTION, CARE, OR REHOMING OF ANIMALS. THE TERM "ANIMAL  SHELTER"
 SHALL  NOT INCLUDE THE PERSONAL RESIDENCE OF ANY FOSTER CARE PROVIDER; A
 FACILITY COMMONLY KNOWN AS A BOARDING KENNEL, WHERE THE OWNERSHIP OF THE
 ANIMAL IS NOT TRANSFERRED; ANY ENTITY LICENSED AS A PET DEALER  PURSUANT
 TO  ARTICLE  TWENTY-SIX-A  OF  THE  AGRICULTURE  AND MARKETS LAW; A DULY
 INCORPORATED ANIMAL HOSPITAL OWNED, OPERATED OR  SUPERVISED  BY  A  DULY
 LICENSED  VETERINARIAN;  OR  ANY FACILITY WHERE THE OWNER OR OPERATOR IS
 LICENSED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AS  A  NUISANCE
 WILDLIFE CONTROL AGENT OR WILDLIFE REHABILITATOR.
   4.  MONEYS  OF  THE  FUND SHALL BE MADE AVAILABLE TO THE DEPARTMENT OF
 AGRICULTURE AND MARKETS AND SHALL BE PAID OUT OF THE FUND ON  THE  AUDIT
 AND  WARRANT OF THE STATE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED
 A. 8038                             3
 
 BY THE COMMISSIONER OF AGRICULTURE AND MARKETS. ANY INTEREST RECEIVED BY
 THE COMPTROLLER ON MONEYS ON DEPOSIT IN THE FUND SHALL  BE  RETAINED  IN
 AND BECOME PART OF SUCH FUND.
   § 3. This act shall take effect immediately.