S2195-2011 Actions

• Jan 4, 2012: REFERRED TO AGRICULTURE
• Jan 18, 2011: REFERRED TO AGRICULTURE

S2195-2011 Memo

BILL NUMBER:S2195

TITLE OF BILL:
An act
to amend the agriculture and markets law, in relation to protection of
the public from attack by wild animals

PURPOSE:
To provide a more effective deterrent to those who own, possess or
harbor wild animals, the legislation would increase the penalty for
such conduct from misdemeanor to felony grade.

SUMMARY OF PROVISIONS:
The bill amends Section 370 of the Agriculture and Markets Law to
increase the penalty for owning, possessing or harboring a wild
animal which is capable of inflicting bodily harm.

EXISTING LAW:
The current law proscribes the possession and/or harboring of a wild
animal as a misdemeanor punishable by no more than one year of
imprisonment.

JUSTIFICATION:
Recent cases have demonstrated that the law as it now exists does not
serve to deter those who own, possess or harbor wild animals in
settings which are entirely inappropriate. More and more,
particularly in urban locales, individuals choose to harbor animals
such as tigers and alligators within residential premises. These
animals pose an obvious danger to the public and especially small
children.

Whether it is by local law or the current state enactment found in
Section 370 of the Agriculture and Markets Law, the act of simple
possession of wild or dangerous animals is punished only to the
extent of misdemeanor grade. It appears that little deterrent is
provided by the current state of the law to those who are inclined to
jeopardize the safety of others in such a reckless manner.

This bill would not change any of the substantive elements of the
offenses as outlined in Section 370, but would increase the penalty
to a non classified felony, which by definition is punishable as a
Penal Law E felony, permitting imprisonment of up to four years.

LEGISLATIVE HISTORY:
2007-2008: S.1070 - Referred to Consumer Protection
2005-2006: S.474  - Third Reading/Consumer Protection
2004:      S.6242 - Third Reading

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

S2195-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2195
 2011-2012 Regular Sessions
 I N  SENATE
 January 18, 2011
 
 Introduced  by  Sen.  SALAND -- 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
 protection of the public from attack by wild animals
 

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

 

Section 1.

Section 370 of the agriculture and markets law, as added by
 chapter 1047 of the laws of 1965, is amended to read as follows:

 

S 370. Protection of the  public  from  attack  by  wild  animals  and
 reptiles.  Any  person  owning, possessing or harboring a wild animal or
 reptile capable of inflicting bodily harm upon a human being, who  shall
 fail to exercise due care in safeguarding the public from attack by such
 wild  animal  or  reptile,  is  guilty  of a [misdemeanor, punishable by
 imprisonment for not more than one year, or by a fine of not  more  than
 five hundred dollars, or by both] FELONY. "Wild animal" within the mean
 ing  of  this  section, shall not include a dog or cat or other domestic
 animal.
 Previous attacks upon a human being by such wild animal or reptile, or
 knowledge of the vicious propensities of such wild animal or reptile, on
 the part of the possessor or harborer thereof, shall not be required  to
 be  proven  by  the people upon a prosecution hereunder; and neither the
 fact that such wild animal or reptile  has  not  previously  attacked  a
 human  being,  nor lack of knowledge of the vicious propensities of such
 wild animal or reptile on the part of the owner, possessor  or  harborer
 thereof shall constitute a defense to a prosecution hereunder.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05321-01-1

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