Relates to knowingly possessing or harboring a hostile dog which without justification attacks a person and causes serious physical injury or death or is not lawfully licensed, currently vaccinated for rabies and has a valid official identification tag affixed to its collar and cannot be restrained from chasing, worrying or attacking any person under the age of 16 in a manner capable of causing serious injury.

Sponsor: Morelle (MS) / Multi-sponsor(s): Cook, Cymbrowitz, Galef, Hikind, Hooper, Hoyt, Mayersohn, McEneny, Millman, Schimminger, Weisenberg / Co-sponsor(s): Pheffer, Ortiz
Law Section: Penal Law / Law: Amd S265.01, Pen L

A2836-2011 Actions

Jan 4, 2012: referred to codes
Jan 20, 2011: referred to codes

A2836-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          2836
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 January 20, 2011
 
 Introduced  by M. of A. MORELLE, PHEFFER, ORTIZ -- Multi-Sponsored by -
 M. of A. COOK, CYMBROWITZ, GALEF,  HIKIND,  HOOPER,  HOYT,  MAYERSOHN,
 McENENY, MILLMAN, SCHIMMINGER, WEISENBERG -- read once and referred to
 the Committee on Codes
 AN  ACT  to  amend the penal law, in relation to knowingly possessing or
 harboring a hostile dog
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.

Section 265.01 of the penal law is amended by adding a new
 subdivision 9 to read as follows:

 (9) HE OR SHE KNOWINGLY POSSESSES OR HARBORS ANY DOG THAT, BY  TEMPER
 AMENT, NATURE, OR PAST BEHAVIOR, IS INCLINED TO BE HOSTILE AND:

 (A)  ATTACKS  A  PERSON,  WITHOUT PROVOCATION, THEREBY CAUSING SERIOUS
 PHYSICAL INJURY OR DEATH TO SUCH PERSON; OR
 (B) (I) IS NOT LICENSED, (II) DOES NOT HAVE A CURRENT VACCINATION  FOR
 RABIES,  (III)  DOES  NOT  HAVE  A  VALID IDENTIFICATION TAG PURSUANT TO
 SECTION ONE HUNDRED TWELVE OF THE AGRICULTURE AND MARKETS LAW, AND  (IV)
 CANNOT  BE  RESTRAINED  FROM  CHASING, WORRYING, OR ATTACKING ANY PERSON
 UNDER THE AGE OF SIXTEEN; OR
 (C) HE OR SHE HAS REFUSED TO SURRENDER THE DOG AS REQUIRED BY A  JUDI
 CIAL  ORDER  ISSUED  PURSUANT  TO  SECTION ONE HUNDRED TWENTY-ONE OF THE
 AGRICULTURE AND MARKETS LAW; OR
 (D) HE OR SHE USES THE DOG IN THE COMMISSION OF A CRIME.
 

S 2. This act shall take effect on the first of November next succeed
 ing the date on which it shall have become a law.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05710-01-1

A2836-2011: Relates to knowingly possessing or harboring a hostile dog

A2836-2011 Actions

A2836-2011 Text

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