Relates to killing or injurying a police animal; increases the crime of killing a police animal to a class E felony.
TITLE OF BILL: An act to amend the penal law, in relation to killing or injuring a police animal
PURPOSE: This bill creates a class E felony offense for the killing of a police animal.
SUMMARY OF PROVISIONS:
Section 1 amends Section 195.06 of the Penal Law to apply to the injuring of a police animal only.
Section 2 adds a new section 195.09 to the Penal Law to create the crime of the killing of a police animal as a class E felony.
Currently, both the killing and injuring of a police animal are classified as a class A misdemeanor. This bill would change the killing of a police animal to a class E felony. The injuring of a police animal would remain a class A misdemeanor.
The killing of a police animal is a serious offense that should be treated differently from the injuring of a police animal. Currently, the injuring or the killing of a police animal is considered the same crime, a class A misdemeanor. This legislation seeks to differentiate the two crimes. The injuring of a police animal remains a class A misdemeanor. The crime of killing a police animal is elevated to a class E felony.
Now more than ever, police animals, especially dogs, are being trained and dispatched to assist law enforcement in the most dangerous and high risk situations. Often times, a police animal precedes the police officers into a situation. This tactic began in the military and has carried over to local police departments with much success. Police animals, especially dogs, are now assisting law enforcement in several ways, including use of their superior sense of smell and their ability to carry a small camera into a situation undetected.
With new and increased responsibilities, police animals now face new and increased risks, which warrant a new and increased penalty for the killing of a police animal. In March 2013, an FBI police dog named Ape was shot and killed in Herkimer, New York as he preceded law enforcement officers in entering the location where a suspect was hiding after killing four people and injuring two others.
LEGISLATIVE HISTORY: New Bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 4275 2013-2014 Regular Sessions IN SENATE March 19, 2013 ___________Introduced by Sen. RITCHIE -- 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 killing or injuring a police animal THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 195.06 of the penal law, as added by chapter 42 of the laws of 1986, is amended to read as follows: S 195.06
[Killing or injuring]INJURING a police animal. A person is guilty of [killing or]injuring a police animal when such person intentionally [kills or]injures any animal while such animal is in the performance of its duties and under the supervision of a police or peace officer. [Killing or injuring]INJURING a police animal is a class A misdemea- nor. S 2. The penal law is amended by adding a new section 195.09 to read as follows: S 195.09 KILLING A POLICE ANIMAL. A PERSON IS GUILTY OF KILLING A POLICE ANIMAL WHEN SUCH PERSON INTEN- TIONALLY KILLS ANY ANIMAL WHILE SUCH ANIMAL IS IN THE PERFORMANCE OF ITS DUTIES AND UNDER THE SUPERVISION OF A POLICE OR PEACE OFFICER. KILLING A POLICE ANIMAL IS A CLASS E FELONY. S 3. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09947-01-3