Assembly Bill A2904

2013-2014 Legislative Session

Relates to attacks on service dogs

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-A2904 (ACTIVE) - Details

Current Committee:
Assembly Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §121, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1089
2011-2012: A4720
2015-2016: A2912
2017-2018: A5148
2019-2020: A3755

2013-A2904 (ACTIVE) - Summary

Relates to attacks on service dogs; provides for a penalty of $1000 for the attack on a service dog or user of such service dog and a fine of $2000 for an attack on both dog and user; also provides that if the attacking dog has previously been found to be a dangerous dog, then such fines shall be $2000 and $4000 respectively, and such may also be punishable with 90 days imprisonment.

2013-A2904 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2904

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2013
                               ___________

Introduced by M. of A. McDONOUGH, STEVENSON, MALLIOTAKIS, CASTRO -- read
  once and referred to the Committee on Agriculture

AN  ACT to amend the agriculture and markets law, in relation to attacks
  on service dogs and their users

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section 121 of the agriculture and markets law is amended
by adding two new subdivisions 2-a and 2-b to read as follows:
  2-A. THE OWNER OF A DOG WHO, THROUGH ANY ACT OR OMISSION,  NEGLIGENTLY
PERMITS  HIS  OR HER DOG TO ATTACK AND INJURE ANY SERVICE DOG, GUIDE DOG
OR HEARING DOG, OR TO BITE AND CAUSE  SERIOUS  PHYSICAL  INJURY  TO  THE
PERSON  USING  SUCH  SERVICE  DOG,  GUIDE  DOG  OR HEARING DOG, SHALL BE
SUBJECT TO A CIVIL PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS  IN  ADDI-
TION TO ANY OTHER APPLICABLE PENALTIES. IF THE SERVICE DOG, GUIDE DOG OR
HEARING  DOG,  AND  THE PERSON USING SUCH DOG ARE BOTH INJURED, THEN THE
FINE APPLICABLE UNDER THIS SUBDIVISION SHALL BE INCREASED TO  TWO  THOU-
SAND  DOLLARS.  ANY  SUCH  PENALTY MAY BE REDUCED BY ANY AMOUNT WHICH IS
PAID AS RESTITUTION BY THE OWNER OF THE DOG TO  THE  PERSON  OR  PERSONS
SUFFERING  SERIOUS  PHYSICAL  INJURY  AS  COMPENSATION  FOR UNREIMBURSED
MEDICAL EXPENSES, LOST EARNINGS AND OTHER DAMAGES  RESULTING  FROM  SUCH
INJURY.
  2-B.  THE OWNER OF A DOG WHO, THROUGH ANY ACT OR OMISSION, NEGLIGENTLY
PERMITS HIS OR HER DOG, WHICH  HAD  PREVIOUSLY  BEEN  DETERMINED  TO  BE
DANGEROUS  PURSUANT  TO  THIS  ARTICLE, TO ATTACK AND INJURE ANY SERVICE
DOG, GUIDE DOG OR HEARING DOG, OR TO BITE  AND  CAUSE  SERIOUS  PHYSICAL
INJURY  TO  THE PERSON USING SUCH SERVICE DOG, GUIDE DOG OR HEARING DOG,
SHALL BE GUILTY OF A MISDEMEANOR PUNISHABLE BY A FINE OF NOT  MORE  THAN
TWO THOUSAND DOLLARS, OR BY A PERIOD OF IMPRISONMENT NOT TO EXCEED NINE-
TY  DAYS, OR BY BOTH SUCH FINE AND IMPRISONMENT IN ADDITION TO ANY OTHER
APPLICABLE PENALTIES. IF THE SERVICE DOG, GUIDE DOG, OR HEARING DOG, AND
THE PERSON USING SUCH DOG ARE BOTH INJURED,  THEN  THE  FINE  APPLICABLE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02120-01-3

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