Increases the maximum fine for the misdemeanor of abandonment of animals to $2,000.
TITLE OF BILL: An act to amend the agriculture and markets law, in relation to increasing the punishment for the abandonment of animals
PURPOSE: This legislation would increase the punishment for the abandonment of animals from a misdemeanor to a class E felony.
SUMMARY OF PROVISIONS: Section 355 of the agriculture and markets law, as amended by chapter 458 of the laws of 1985, is amended to increase the punishment for the abandonment of animals from a misdemeanor to a class E felony.
JUSTIFICATION: Every day, too many animal owners, move away from their residences and leave their pet behind or simply abandon an animal because they do not want to and or cannot afford to take care of them any longer. These animals are not equipped to survive on their own. Many are fertile, and continue to breed and perpetuate the problem by creating more homeless animals. Abandoned, these animals starve or freeze to death, spread disease, or are killed by other animals.
This is a serious problem that warrants serious punishment for such a heinous act. This legislation would increase the crime for the abandonment of animals from a misdemeanor to a class E felony punishable by four years in prison, a fine up to $5000 or both.
LEGISLATIVE HISTORY: S.6151 of 2012.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date upon which it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 1484 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. MARCELLINO -- 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 increas- ing the punishment for the abandonment of animals THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. 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 355. Abandonment of animals. A person being the owner or possessor, 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]BECOMES disabled, to lie in a public street, road or public place more than three hours after he OR SHE receives notice that it is left disabled, is guilty of a [misdemeanor]CLASS E FELONY, punishable by imprisonment for not more than [one year]FOUR YEARS, or by a fine of not more than [one]FIVE thousand dollars, or by both. S 2. This act shall take effect on the first of November next succeed- ing the date upon which it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03302-01-3