S1079-2013 - NY Senate Open Legislation - Increases killing or injuring a police animal from class A misdemeanor to class D felony

Increases penalties for killing or injuring a police animal by providing that such offense shall be a class D felony; includes the intentional killing or injuring of an animal which can reasonably be identified as a police animal by means of its presence in a police vehicle or enclosure in a marked area.

Sponsor: MAZIARZ / Co-sponsor(s): BALL, BONACIC, BOYLE, DEFRANCISCO, ESPAILLAT, FARLEY, FLANAGAN, FUSCHILLO, GOLDEN, GRIFFO, HOYLMAN, LANZA, LARKIN, LAVALLE, LITTLE, MARCHIONE, MARTINS, RITCHIE, SAVINO, SERRANO, SEWARD / Committee: CODES
Law Section: Penal Law / Law: Amd S195.06, Pen L

S1079-2013 Actions

May 7, 2013: AMENDED ON THIRD READING 1079A
May 7, 2013: VOTE RECONSIDERED - RESTORED TO THIRD READING
May 7, 2013: returned to senate
May 7, 2013: RECALLED FROM ASSEMBLY
Mar 25, 2013: referred to codes
Mar 25, 2013: DELIVERED TO ASSEMBLY
Mar 25, 2013: PASSED SENATE
Mar 14, 2013: ADVANCED TO THIRD READING
Mar 13, 2013: 2ND REPORT CAL.
Mar 12, 2013: 1ST REPORT CAL.189
Jan 9, 2013: REFERRED TO CODES

S1079-2013 Meetings

Codes: Mar 12, 2013

S1079-2013 Calendars

Active List: Mar 25, 2013 , Floor Calendar: Mar 13, 2013 , Floor Calendar: Mar 14, 2013 , Floor Calendar: Mar 18, 2013 , Floor Calendar: Mar 19, 2013 , Floor Calendar: Mar 20, 2013 , Floor Calendar: Mar 21, 2013 , Floor Calendar: Mar 23, 2013 , Floor Calendar: Mar 24, 2013 , Floor Calendar: Mar 25, 2013

S1079-2013 Votes

VOTE: COMMITTEE VOTE: - Codes - Mar 12, 2013

Ayes (16): Nozzolio, Boyle, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, O'Mara, Smith, Squadron, Perkins, Espaillat, Hoylman, Sampson, O'Brien

VOTE: FLOOR VOTE: - Mar 25, 2013

Ayes (60): Adams, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Absent (1): Espaillat
Excused (2): Addabbo, Krueger

S1079-2013 Memo

BILL NUMBER:S1079

TITLE  OF BILL:  An act to amend the penal law, in relation to killing
or injuring a police animal

PURPOSE:
To include emergency vehicles among  vehicles  or  premises  where  an
animal can be reasonably identified as a police animal.

SUMMARY OF PROVISIONS:
Section  195.06  of  the  penal  law  is  amended to include emergency
vehicles alongside police vehicles as vehicles on which an animal  can
reasonably be identified as police animals.

JUSTIFICATION:
State  and  local law enforcement agencies and emergency services have
increasingly relied on  the  use  of  dogs  for  assistance  in  crime
solving,  rescue  and  recovery  operations.  These  animals serve the
people of New York State through the use  of  their  keen  senses.  In
addition,  State  and local police and the emergency services invest a
great deal of time and resources in the training of  these  crime  and
recovery assistants. The loss or injury of a police animal is not only
a  loss  to  the  police or emergency services department but also the
citizens of New York.

BILL HISTORY:
S.4701 of 1997/1998; Referred to Senate Codes Committee
S.4448 of 1999/2000; Referred to Senate Codes Committee
S.1901/A.1369 of 2001/2002; Referred to Senate Codes Committee
S.561/A.1615 of 2003/2004; Passed Senate
S.701-A/A.296-A 2005/2006; Passed Senate
253-A of 2007/2008; Passed Senate
S.1403 of 2009/2010; Referred to Senate Codes Committee
S.518 of 2011/2012; Referred to codes

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of  November  next  succeeding
the date on which it shall have become a law.

S1079-2013 Text

 S T A T E   O F   N E W   Y O R K
 
                                          1079
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by  Sens.  MAZIARZ,  DeFRANCISCO, FUSCHILLO, GOLDEN, LARKIN,
 LITTLE -- read twice and ordered  printed,  and  when  printed  to  be
 committed to the Committee on Codes
 AN  ACT  to  amend  the  penal law, in relation to killing or injuring a
 police animal
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.

Section 195.06 of the penal law, as added by chapter 42 of
 the laws of 1986, is amended to read as follows:

 

S 195.06 Killing or injuring a police animal.
 A person is guilty of killing or injuring a police  animal  when  such
 person intentionally kills or injures [any] AN animal:

 1. while such animal is in the performance of its duties and under the
 supervision of a police or peace officer[.]; OR
 2. WHEN SUCH ANIMAL CAN BE REASONABLY IDENTIFIED AS A POLICE ANIMAL BY
 MEANS  OF ITS PRESENCE IN A MARKED POLICE OR EMERGENCY VEHICLE OR ENCLO
 SURE IN A MARKED AND FENCED OR OTHER ENCLOSED AREA.
 Killing or injuring a police animal is a class [A misdemeanor] D FELO
 NY.
 

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.
 LBD02095-01-3

S1079-2013: Increases killing or injuring a police animal from class A misdemeanor to class D felony