Bill S2336A-2013

Creates first and second degree pet theft offenses

Creates first and second degree pet theft offenses.

Details

Actions

  • Jan 8, 2014: REFERRED TO CODES
  • Feb 6, 2013: PRINT NUMBER 2336A
  • Feb 6, 2013: AMEND AND RECOMMIT TO CODES
  • Jan 16, 2013: REFERRED TO CODES

Memo

BILL NUMBER:S2336A

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, 165.76 and 165.77 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 fox 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.

Section 2: Effective date.

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-A Referred to Codes / A. 1822 Referred to Codes

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 2336--A 2013-2014 Regular Sessions IN 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 -- 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
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.

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