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

                                 2336--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 16, 2013
                               ___________

Introduced  by  Sens. KLEIN, GRISANTI -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee

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, 165.76 and 165.77 to read as follows:
S 165.75 DEFINITIONS.
  AS  USED  IN SECTIONS 165.76 AND 165.77 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 165.76 PET THEFT IN THE SECOND DEGREE.
  1. A PERSON IS GUILTY OF PET THEFT IN THE SECOND DEGREE WHEN HE 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04637-03-3
              

S. 2336--A                          2

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 SECOND DEGREE IS A CLASS E FELONY.
S 165.77 PET THEFT IN THE FIRST DEGREE.
  1. A PERSON IS GUILTY OF PET THEFT IN THE FIRST DEGREE WHEN HE COMMITS
PET THEFT IN THE SECOND DEGREE, 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.