S2336-2013 Actions

• Feb 6, 2013: PRINT NUMBER 2336A
• Feb 6, 2013: AMEND AND RECOMMIT TO CODES
• Jan 16, 2013: REFERRED TO CODES

S2336-2013 Memo

BILL NUMBER:S2336

TITLE OF BILL:  An act to amend the penal law, in relation to theft of
a companion animal or pet

PURPOSE OR GENERAL IDEA OF BILL: Creates first and second degree pet
theft offenses.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: The penal law is amended by adding three new sections:
165.75, 165.80 and 165.85 to create the felony offenses of pet theft
in the first and second degree.

A person is guilty of pet theft in the second degree when he/she
steals a companion animal or pet, which is defined as a dog, cat or
other domesticated animal normally maintained in or near the household
of the owner or person who cares for such animal. Pet theft in the
second degree is a class E felony and carries a maximum sentence of
four years imprisonment.

A person is guilty of pet theft in the first degree when he/she
commits pet theft in the second degree, and when (1) such animal is
sold for scientific research purposes; or, (2) with no justifiable
purpose, he or she intentionally kills or intentionally causes serious
physical injury to such companion animal or pet with aggravated
cruelty. Pet theft in the first degree is a class D felony and carries
a maximum sentence of seven years imprisonment.

JUSTIFICATION:  Pets often provide companionship that mirrors that of
a best friend or loved one. When a pet is stolen, it feels as if a
loved one has been kidnapped. Unfortunately, the law does not
currently acknowledge the severity of loss in these sad situations.
Pet theft is currently prosecuted, if at all, as a petit larceny,
misdemeanor offense - supposing the loss of a beloved pet is similar
to that of any stolen personal property. Pets, however, occupy a
special place in our hearts, homes and society and should, therefore,
be distinguished under the law.

This bill was amended to change the numbering of sections created.

PRIOR LEGISLATIVE HISTORY: 2010 - S.6354 REFERRED TO CODES - A.9429
Referred to Codes; 2012 - S. 992 - Referred to Codes

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: Immediate.

S2336-2013 Text

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

                                    2336

                         2013-2014 Regular Sessions

                              I N  SENATE

                              January 16, 2013
                                 ___________

  Introduced  by  Sens. KLEIN, GRISANTI -- 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  theft  of  a  companion
    animal or pet

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


    Section 1. The penal law is  amended  by  adding  three  new  sections
  165.75, 165.80 and 165.85 to read as follows:

  S 165.75 DEFINITIONS.
    AS  USED  IN SECTIONS 165.80 AND 165.85 OF THIS ARTICLE, THE FOLLOWING
  TERMS HAVE THE FOLLOWING DEFINITIONS:

    1. THE TERM "COMPANION ANIMAL" OR "PET" IS DEFINED AS A DOG,  CAT,  OR
  ANY  OTHER DOMESTICATED ANIMAL NORMALLY MAINTAINED IN OR NEAR THE HOUSE-
  HOLD OF THE OWNER OR PERSON WHO  CARES  FOR  SUCH  DOMESTICATED  ANIMAL.
  "PET" OR "COMPANION ANIMAL" SHALL NOT INCLUDE A "FARM ANIMAL" AS DEFINED
  IN  SUBDIVISION  FOUR  OF SECTION THREE HUNDRED FIFTY OF THE AGRICULTURE
  AND MARKETS LAW.
    2. THE TERM "AGGRAVATED CRUELTY" SHALL MEAN CONDUCT WHICH:

    A. IS INTENDED TO CAUSE EXTREME PHYSICAL PAIN; OR
    B. IS DONE OR CARRIED  OUT  IN  AN  ESPECIALLY  DEPRAVED  OR  SADISTIC
  MANNER.
  S 165.80 PET THEFT IN THE SECOND DEGREE.
    1. A PERSON IS GUILTY OF PET THEFT IN THE SECOND DEGREE WHEN HE OR SHE
  STEALS A COMPANION ANIMAL OR PET.
    2. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT OR
  INTERFERE  IN ANY WAY WITH ANYONE LAWFULLY ENGAGED IN HUNTING, TRAPPING,
  OR FISHING, AS PROVIDED IN ARTICLE ELEVEN OF THE ENVIRONMENTAL CONSERVA-
  TION LAW, THE DISPATCH OF RABID OR  DISEASED  ANIMALS,  AS  PROVIDED  IN
  ARTICLE  TWENTY-ONE OF THE PUBLIC HEALTH LAW, OR THE DISPATCH OF ANIMALS
  POSING A THREAT TO HUMAN SAFETY OR OTHER ANIMALS, WHERE SUCH  ACTION  IS
  OTHERWISE  LEGALLY  AUTHORIZED,  OR  ANY  PROPERLY  CONDUCTED SCIENTIFIC

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD04637-02-3

 S. 2336                             2

  TESTS,  EXPERIMENTS  OR  INVESTIGATIONS  INVOLVING  THE  USE  OF  LIVING
  ANIMALS, PERFORMED OR CONDUCTED IN LABORATORIES OR INSTITUTIONS APPROVED
  FOR  SUCH  PURPOSES  BY  THE  COMMISSIONER OF HEALTH PURSUANT TO SECTION
  THREE HUNDRED FIFTY-THREE OF THE AGRICULTURE AND MARKETS LAW.
    PET THEFT IN THE SECOND DEGREE IS A CLASS E FELONY.
  S 165.85 PET THEFT IN THE FIRST DEGREE.
    1.  A PERSON IS GUILTY OF PET THEFT IN THE FIRST DEGREE WHEN HE OR SHE
  COMMITS PET THEFT IN THE SECOND DEGREE, AS DEFINED IN SECTION 165.80  OF
  THIS ARTICLE, AND WHEN:

    A. SUCH ANIMAL IS SOLD FOR SCIENTIFIC RESEARCH PURPOSES; OR
    B.  WITH  NO  JUSTIFIABLE  PURPOSE,  HE  OR SHE INTENTIONALLY KILLS OR
  INTENTIONALLY CAUSES SERIOUS PHYSICAL INJURY TO SUCH COMPANION ANIMAL OR
  PET WITH AGGRAVATED CRUELTY.
    2. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT OR
  INTERFERE IN ANY WAY WITH ANYONE LAWFULLY ENGAGED IN HUNTING,  TRAPPING,
  OR FISHING, AS PROVIDED IN ARTICLE ELEVEN OF THE ENVIRONMENTAL CONSERVA-
  TION  LAW,  THE  DISPATCH  OF  RABID OR DISEASED ANIMALS, AS PROVIDED IN
  ARTICLE TWENTY-ONE OF THE PUBLIC HEALTH LAW, OR THE DISPATCH OF  ANIMALS
  POSING  A  THREAT TO HUMAN SAFETY OR OTHER ANIMALS, WHERE SUCH ACTION IS
  OTHERWISE LEGALLY  AUTHORIZED,  OR  ANY  PROPERLY  CONDUCTED  SCIENTIFIC
  TESTS,  EXPERIMENTS  OR  INVESTIGATIONS  INVOLVING  THE  USE  OF  LIVING
  ANIMALS, PERFORMED OR CONDUCTED IN LABORATORIES OR INSTITUTIONS APPROVED
  FOR SUCH PURPOSES BY THE COMMISSIONER  OF  HEALTH  PURSUANT  TO  SECTION
  THREE HUNDRED FIFTY-THREE OF THE AGRICULTURE AND MARKETS LAW.
    PET THEFT IN THE FIRST DEGREE IS A CLASS D FELONY.
    S 2. This act shall take effect immediately.