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Memo

BILL NUMBER:S518

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.

Text

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