Increases penalties for killing or injuring a police animal by providing that such offense shall be a class D felony; includes the intentional killing or injuring of an animal which can reasonably be identified as a police animal by means of its presence in a police vehicle or enclosure in a marked area.
Ayes (57): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Huntley, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stewart-Cousin, Valesky, Young, Zeldin
Excused (4): Diaz, Hassell-Thomps, Johnson, Stavisky
TITLE OF BILL: An act to amend the penal law, in relation to killing or injuring a police animal
PURPOSE: To include emergency vehicles among vehicles or premises where an animal can be reasonably identified as a police animal.
SUMMARY OF PROVISIONS: Section 195.06 of the penal law is amended to include emergency vehicles alongside police vehicles as vehicles on which an animal can reasonably be identified as police animals.
JUSTIFICATION: State and local law enforcement agencies and emergency services have increasingly relied on the use of dogs for assistance in crime solving, rescue and recovery operations. These animals serve the people of New York State through the use of their keen senses. In addition, State and local police and the emergency services invest a great deal of time and resources in the training of these crime and recovery assistants. The loss or injury of a police animal is not only a loss to the police or emergency services department but also the citizens of New York.
BILL HISTORY: S.4701 of 1997/1998; Referred to Senate Codes Committee S.4448 of 1999/2000; Referred to Senate Codes Committee S.1901/A.1369 of 2001/2002; Referred to Senate Codes Committee S.561/A.1615 of 2003/2004; Passed Senate S.701-A/A.296-A 2005/2006; Passed Senate 253-A of 2007/2008; Passed Senate S.1403 of 2009/2010; Referred to Senate Codes Committee
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 a law.
STATE OF NEW YORK ________________________________________________________________________ 518 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sens. MAZIARZ, DeFRANCISCO, FLANAGAN, FUSCHILLO, GOLDEN, LARKIN, LITTLE, SALAND, SEWARD -- 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 a police animal. A person is guilty of killing or injuring a police animal when such person intentionally kills or injures
[any]AN animal: 1. while such animal is in the performance of its duties and under the supervision of a police or peace officer [.]; OR 2. WHEN SUCH ANIMAL CAN BE REASONABLY IDENTIFIED AS A POLICE ANIMAL BY MEANS OF ITS PRESENCE IN A MARKED POLICE OR EMERGENCY VEHICLE OR ENCLO- SURE IN A MARKED AND FENCED OR OTHER ENCLOSED AREA. Killing or injuring a police animal is a class [A misdemeanor]D FELO- NY. S 2. 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. LBD01885-01-1