Relates to knowingly possessing or harboring a hostile dog which without justification attacks a person and causes serious physical injury or death or is not lawfully licensed, currently vaccinated for rabies and has no valid official identification tag affixed to its collar and cannot be restrained from chasing, worrying or attacking any person under the age of 16 in a manner capable of causing serious injury.
TITLE OF BILL: An act to amend the penal law, in relation to knowingly possessing or harboring a hostile dog
PURPOSE: The purpose of this measure is to establish conditions where the possession of a notoriously dangerous dog would be deemed possession of a weapon in the fourth degree.
SUMMARY OF PROVISIONS: This bill adds a new subdivision to section 265.01 of the penal law, to charge a person with criminal possession of a weapon if he or she knowingly possesses or harbors a hostile dog that (1) without provocation attacks a person causing serious injury or death or (2) is not licensed, is not currently vaccinated for rabies, does not have valid identification tags and cannot be restrained from chasing or attacking children under the age of 16. Additionally, the person may incur such charges if he or she refuses to surrender the dog as required by judicial order issued pursuant to § 121 of the Agriculture and Markets Law or uses any dog in the commission of a crime.
JUSTIFICATION: Incidents of unprovoked dog attacks is a widespread problem which must be addressed. Fault for these attacks lies with the negligent pet owners and current laws are inadequate to appropriately charge them. This measure sets forth criteria whereby negligent pet owners can be charged with criminal possession of a weapon for possessing or harboring a notoriously hostile dog.
LEGISLATIVE HISTORY: A.9827/S6792 of 2000 Reported to Codes/Referred to Agriculture A.2699 of 2001-2002 Referred to Codes A.573 of 2003-2004 Referred to Codes A.1000 of 2005-2006 Referred to Codes A.255/5.6292 of 2007-2008 Referred to Codes A.1761 of 2009-2010 Referred to Codes A.2836 of 2011-2012 Referred to Codes
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 ________________________________________________________________________ 6131 IN SENATE (PREFILED) January 8, 2014 ___________Introduced by Sen. O'BRIEN -- 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 knowingly possessing or harboring a hostile dog THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 265.01 of the penal law is amended by adding a new subdivision 9 to read as follows: (9) HE OR SHE KNOWINGLY POSSESSES OR HARBORS ANY DOG THAT, BY TEMPER- AMENT, NATURE, OR PAST BEHAVIOR, IS INCLINED TO BE HOSTILE AND: (A) ATTACKS A PERSON, WITHOUT PROVOCATION, THEREBY CAUSING SERIOUS PHYSICAL INJURY OR DEATH TO SUCH PERSON; OR (B) (I) IS NOT LICENSED, (II) DOES NOT HAVE A CURRENT VACCINATION FOR RABIES, (III) DOES NOT HAVE A VALID IDENTIFICATION TAG PURSUANT TO SECTION ONE HUNDRED TWELVE OF THE AGRICULTURE AND MARKETS LAW, AND (IV) CANNOT BE RESTRAINED FROM CHASING, WORRYING, OR ATTACKING ANY PERSON UNDER THE AGE OF SIXTEEN; OR (C) HE OR SHE HAS REFUSED TO SURRENDER THE DOG AS REQUIRED BY A JUDI- CIAL ORDER ISSUED PURSUANT TO SECTION ONE HUNDRED TWENTY-ONE OF THE AGRICULTURE AND MARKETS LAW; OR (D) HE OR SHE USES THE DOG IN THE COMMISSION OF A CRIME. 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. LBD13149-01-3