This bill has been amended

Bill S6730-2011

Relates to promoting understanding, awareness and enforcement of animal crimes laws; repealer

Relates to promoting understanding, awareness and enforcement of animal crime laws.

Details

Actions

  • May 1, 2012: REPORTED AND COMMITTED TO CODES
  • Mar 14, 2012: REFERRED TO AGRICULTURE

Meetings

Votes

VOTE: COMMITTEE VOTE: - Agriculture - May 1, 2012
Ayes (3): Kennedy, Avella, Huntley
Ayes W/R (5): Ritchie, Gallivan, O'Mara, Ranzenhofer, Seward
Nays (1): Young
Excused (1): Valesky

Memo

BILL NUMBER:S6730               REVISED 03/14/12

TITLE OF BILL:

An act to amend the agriculture and markets law and the penal law, in relation to promoting understanding, awareness and enforcement of animal crimes laws; and to repeal sections 351, 353, 353-a, 353-b, 353-d, 355, 361, 362 and subdivision 8 of section 374 of the agriculture and markets law relating thereto

PURPOSE:

This bill seeks to clarify, modernize, and restructure the animal crimes laws of New York State. It does so by transplanting certain sections of the Agriculture and Markets Law into the Penal Law, re-defining terms, re-titling offenses, altering the classification of certain animal crimes offenses, delineating specific sentencing provisions, introducing various new offenses. This bill also serves to create a hierarchy of offenses for plea bargaining and referencing purposes. Additionally, this bill serves to address and rectify the many constitutional challenges facing the current Agriculture and Markets statutes. Ultimately, the purpose of this bill is to promote sound enforcement of animal crimes by members of law enforcement and judiciary.

SUMMARY OF SPECIFIC PROVISIONS:

Amends Article 26 of the Agriculture and Markets Law by removing the more non-commercial enforcement provisions and making various structural modifications to enhance the ability to cross-reference. The intent is to transplant the majority of the non-commercial provisions to a new Penal Law Title (Z-1.

The existing section 350 of the Agriculture and Markets Law is modified by adding subdivision 6, which provides the definition of an "animal cruelty offense" a term used to help define the scope of various other proposed and existing statutes involving evidence collection, animal disposition, and sentencing.

The existing sections 351, 353, 353-a, 355, 361, and 362 of the Agriculture and Markets Law are removed entirely and variations of these statutes appear in the proposed Penal Law Title Z-1, presented in section three of the bill. Sections 353-b and 353-d are removed and inserted verbatim in the proposed Penal Law Title Z-1.

The existing subdivision 1 of section 359 of the Agriculture and Markets Law is removed and a variation of this statute appears in the proposed Penal Law Title Z-1. Section 359 is re-titled to comport with this adjustment.

The existing sections 369 and 371 of the Agriculture and Markets Law are given language which helps to incorporate them and otherwise make them applicable to the provisions of the proposed Penal Law Title Z-1.

The existing section 374 of the Agriculture and Markets Law is modified by detaching the special sentencing provisions contained, but hidden, in subdivision 8. These special sentencing provisions are moved to a new section, 380, which makes cross-referencing to these provisions much easier. Additionally, the special sentencing provisions are made to apply to all "animal cruelty offenses" (as that term is now defined in the proposed subdivision 6 of section 350), instead of continuing an itemized listing of applicable statutes. The proposed section 380 of the Agriculture and Markets Law then reorganizes the special sentencing provisions into subdivisions for greater clarity.

Amends the Penal Law by adding a new Title Z-1, which is comprised of animal cruelty offenses and largely based upon the former provisions of Article 26 of the Agriculture and Markets Law. The Title consists of a new Article 510, which is captioned "Offenses Against Animals."

Section 510.00 is introduced to the Penal Law and contains the bulk of the definitions for the proposed Article 510. Subdivision 1 is a verbatim reproduction of subdivision 1 of section 350 of the Agriculture and Markets Law. Subdivision 2 is a verbatim reproduction of subdivision 2 of section 350 of the Agriculture and Markets Law. Subdivision 3 is a near-verbatim reproduction of language found in subdivision 1 of section 353-a of the Agriculture and Markets Law, the only difference being the omission of subsection markings. Subdivision 4 is based upon subdivision 3 of section 350 of the Agriculture and Markets Law, but makes various grammatical changes and broadens the scope of adoption. Subdivision 5 is near-verbatim reproduction of subdivision 4 of section 350 of the Agriculture and Markets Law. Subdivision 6 is a verbatim reproduction of subdivision 5 of section 350 of the Agriculture and Markets Law. Subdivision 7 is a verbatim reproduction of language which appears in subdivision 1 of section 351 of the Agriculture and Markets Law. Subdivision 8 was composed to provide a concrete definition of "abandons" as that term is used in subparagraph (b) of subdivision 1 of the proposed section 510.20 of the Penal Law. Subdivision 9 provides a definition of "restrain" and was substantially based on subdivision 1 of section 135.00 of the Penal Law. Subdivision 10 provides a definition of "abduct" and was substantially based on subdivision 2 of the section 135.00 of the Penal Law.

Section 510.05 is introduced as one of two statutes taken from section 351 of the Agriculture and Markets Law. The current section 351 of the Agriculture and Markets Law covers multiple crimes, both misdemeanors and felonies. This bill splits the conglomerate into two separate statutes, Section 510.05 and Section 510.10, for clarity and

comprehensibility. Subdivision 1 of section 510.05 is based on subparagraph (e) of subdivision 2 of section 351 of the Agriculture and Markets Law. Subdivision 2 of section 510.05 is loosely based on subparagraph (b) of subdivision 4 of section 351 of the Agriculture and Markets Law, but modifies the mens rea component for clarity of what is required for commission of the offense. Section 510.10 is introduced to replace the felony components of section 351 of the Agriculture and Markets Law. It is a verbatim reproduction of the statute, with only structural changes. However, it is notable that, pursuant to section 160.10 of the Criminal Procedure Law, the transplant of the misdemeanor portion to the Penal Law causes this offense to now be a printable offense for law enforcement. As it currently stands, a violation of subparagraph (b) of subdivision 3 of section 351 (misdemeanor animal fighting) is NOT a printable offense, which is a major oversight in legislative drafting.

Section 510.20 is introduced to replace various components of sections 353, 355, 359, and 360 of the Agriculture and Markets Law. It is delineated by subdivision into two major components. Subdivision 1 outlines the standard of care to be provided by an owner, possessor, custodian, or caregiver of an animal. Subdivision 2 outlines the standard of care to be applied to animals in general, regardless of personal connection. Subparagraph (a) of subdivision 1 of section 510.20 replaces the constitutionally-troublesome term "sustenance," as it appeared in section 353 of the Agriculture and Markets Law, with the un-codified case law definition on that term (i.e., "food, drink, veterinary care, or shelter adequate to maintain the animal's health and comfort"), provided in a litany of cases that include, but is not limited to People v. Richardson, 15 Misc.3d 4 138A (App. Term 9th & 10th Jud. Dist. 2007) and People v. Mahoney, 9 Misc.3d 101 (App. Term 9th & 10th Jud. Dist. 2008). Apart from codification, the terms "food" and "drink" are replaced by the more modern concepts of "nutrition" and "hydration." Subparagraph (b) of subdivision 1 is a near verbatim reproduction of section 355 of the Agriculture and Markets Law. Subparagraph (a) of subdivision 2 is based on section 353 of the Agriculture and Markets Law, but removes the word "cruelly" from the statutory language. Subparagraph (b) of subdivision 2 is likewise based on section 353 of the Agriculture and Markets Law, with minimal grammatical changes. Subparagraph (c) of subdivision 2 is based on subdivision 1 of section 359 of the Agriculture and Markets Law, but removes unnecessarily limiting language regarding vessel or vehicular transport. Subparagraph (d) of subdivision 2 is based on language found in section 353 of the Agriculture and Markets Law. Subparagraph (e) of subdivision 2 is based on section 360 of the Agriculture and Markets Law, with minimal grammatical changes.

Section 510.25 is introduced to replace section 353-a of the Agriculture and Markets Law. It differs from section 353-a of the

Agriculture and Markets Law in that it enhances the classification and punishment on the proscribed conduct - a violation of section 510.25 is a class D felony, whereas a violation of section 353-a of the Agriculture and Markets Law is an unclassified felony with a limited sentencing range. The section is re-titled to match its counterpart, section 510.20. The definition of the term "aggravated cruelty," as it appears in section 510.25, appears in section 510.00. Subdivision 1 is based upon language in subdivision 1 of section 353-a of the Agriculture and Markets Law. Subdivision 2 of section 510.25 proposes a sanction for acts of "aggravated cruelty." Subdivision 3 is based upon provisions found in the existing section 360 of the Agriculture and Markets Law. Subdivision 4 is an additional sanction for repeat offenders of section 510.20, modeled after statutory language which appears elsewhere in the Penal Law.

Section 510.26 is introduced to provide an affirmative defense in the situation of a violation of subparagraph (b) of subdivision 1 of section 510.20. The language is partially modeled after section 260.03 of the Penal Law, which allows for a similar defense in relation to abandonment of a child.

Section 510.30 is based loosely on the existing section 361 of the Agriculture and Markets Law. The new statute is re-titled for clarity and serves to enhance the penalty for interference with competitive or exhibited animals.

Section 510.35 is introduced to subsume and rectify the constitutional problems with the existing section 362 of the Agriculture and Markets Law. The existing section 362 of the Agriculture and Markets Law, as written, effectively makes littering a misdemeanor, has an incorrectlypositioned mens rea, and is not often used. Section 510.35 incorporates certain language from subdivision 7 of section 240.20 of the Penal Law to adjust for the mens rea of the statute. It also more appropriately categorizes the offense as a violation, which is intended to play a crucial role in any plea bargaining of animal offenses and serve as a lesser included offense of the various provisions of Article 510. Subdivision 1 acts as a "catch-all" provision that bridges the gap between non-culpability and conduct which violates section 510.20. Subdivision 2 incorporates language from section 362 of the Agriculture and Markets Law, but clarifies the mens rea, obviating constitutional concerns. As a violation-level offense, a perpetrator could be subjected to fifteen days incarceration, in addition to other sentencing possibilities, the most notable of which are the special sentencing provisions in the proposed section 380 of the Agriculture and Markets Law.

Sections 510.40, 510.45, and 510.50 are introduced to allow prosecution in the event of unlawful taking of an animal. Currently, the only other statutes designed to cover this type of conduct are the larceny provisions contained in Article 155 of the Penal Law. As society is moving away from treating pets as chattel or property, statutes need to adjust for the humanistic approach to prosecution.

These sections must be read in conjunction with the definitions of "restrains" and "abducts," which are listed in the proposed section 510.00. Section 510.40 is based upon language found in section 135.05 of the Penal Law. Section 510.45 is based upon language found in section 135.05 of the Penal Law. Section 510.45 is based upon language found in section 135.20 of the Penal Law. Section 510.45 is based upon language found in section 135.20 of the Penal Law. Section 510.50 is based upon language found in 135.25 of the Penal Law. The classification of these crimes, as proposed, would greatly enhance the penalty for such conduct. For example, currently, an individual who steals another person's adopted non-purebred dog, drives it to a far away location, and leaves it there to die, could only be charged with petit larceny, in violation of section 155.25 of the Penal Law, and Abandonment of Animals, in violation of section 355 of the Agriculture and Markets Law. Both of those crimes are class A misdemeanors. The proposed section 510.50 would potentially make the same conduct punishable as a class D felony.

Section 510.55 contains a presumption applicable to prosecutions of sections 510.40, 510.45, and 510.50. Sections 510.60 and 510.65 are verbatim reproductions of the current sections 353-b and 353-d of the Agriculture and Markets Law, respectively.

Section 510.70 is a verbatim reproduction of the current section 367 of the Agriculture and Markets Law. Section 510.75 is a cross-referencing tool to the evidentiary, disposition, and care provisions which appear in various sections of the Agriculture and Markets Law.

Section 510.80 is an important cross-referencing tool to ensure that the courts are empowered to sentence in accordance with the special needs of an animal cruelty prosecution. The bill modifies paragraph (c) of subdivision 1 of section 70.02 of the Penal Law to incorporate the proposed "animal cruelty in the first degree," in violation of proposed section 510.25, into the list of violent felony offenses. The bill modifies section 195.06 of the Penal Law to enhance the offense classification and penalty for killing or injuring a police animal. A violation of this section would now be a class D felony, which comports this statute to the level of offense of Animal Cruelty in the First Degree, under the proposed section 510.25 of the Penal Law. Modifies section 195.11 of the Penal Law to enhance the offense classification and penalty for harming an animal trained to aid a person with a disability in the second degree. A violation of this section would now be a class A misdemeanor, which comports this statute to the level of offense of Animal Cruelty in the Second Degree, under the proposed section 510.20 of the Penal Law (or the existing offense of overdriving, torturing and injuring animals; failure to provide proper sustenance, under section 353 of the Agriculture and Markets Law) . The bill modifies section 195.12 of the Penal Law to enhance the offense classification and penalty for harming and animals trained to aid a person with a disability in

the first degree. A violation of this section would now be a class E felony.

JUSTIFICATION:

Article 26 of the Agriculture and Markets Law, as currently written, is fraught with loopholes and constitutionality issues. Furthermore, it is antiquated and, in many places, incomprehensible. For these reasons, members of law enforcement, including police officers, peace officers, prosecutors, defense attorneys and judges are not able to maximize the promise and potential that Article 26 is supposed to bring to animal cruelty offenses. A noticeable trend has formed, whereby members of law enforcement focus specifically on section 353 of the Agriculture and Markets Law. The great paradox lies in the notion that section 353 is both the hallmark enforcement mechanism and a colossal constitutional problem.

Courts throughout the state have repeatedly tackled the issue of whether the wording in section 353 is unconstitutionally vague in violation of the State and Federal Constitution. While the case law is split, the trend is to read modern standards into the generic wording of the section. The Court of Appeals has not addressed this issue, therefore, no standard has been set statewide.

Yet, law enforcement continually focuses on section 353, with all its endless verbs and complexities, primarily because of the built--up tradition, but also because the other sections of Article 26 are awkwardly worded and completely archaic. Some of these "lost" sections have great value, but are buried so deep within discrete parts of the article that many members of law enforcement are unaware of their existence. In an effort to streamline enforcement, this bill leaves commercial issues to the Agriculture and Markets Law, while highlighting the criminal offenses as a new and separate article of the Penal Law.

Current law is also lacking strength and congruence in the punishments for offenses against animals. As such, this new bill classifies the various levels of criminality, including new specific D felonies and E felonies. In an effort to harmonize the punishments which exist across the various statutes, Article 195 of the Penal Law is modified to enhance the penalties for offenses against service animals.

In keeping with the widely-known concept that individuals who commit acts of cruelty against animals progress to commit violent crimes against people, certain acts under this bill are made to constitute "violent felony offenses" as that term is defined in section 70.02 of the Penal Law.

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:

This act will take effect immediately; provided, however sections nine through fourteen shall take effect on the first of November succeeding the date on which it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 6730 IN SENATE March 14, 2012 ___________
Introduced by Sen. FUSCHILLO -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture AN ACT to amend the agriculture and markets law and the penal law, in relation to promoting understanding, awareness and enforcement of animal crimes laws; and to repeal sections 351, 353, 353-a, 353-b, 353-d, 355, 361, 362 and subdivision 8 of section 374 of the agricul- ture and markets law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 350 of the agriculture and markets law is amended by adding a new subdivision 6 to read as follows: 6. "ANIMAL CRUELTY OFFENSE" MEANS ANY VIOLATION OF THIS ARTICLE OR OF ARTICLE TWO HUNDRED EIGHTY OF THE PENAL LAW, OR ANY OTHER UNLAWFUL ACT BY WHICH HARM IS INTENTIONALLY, KNOWINGLY, RECKLESSLY OR NEGLIGENTLY CAUSED OR PERMITTED TO OCCUR TO AN ANIMAL. S 2. Sections 351, 353, 353-a, 353-b, 353-d, 355, 361 and 362 of the agriculture and markets law are REPEALED. S 3. Section 359 of the agriculture and markets law, as added by chap- ter 1047 of the laws of 1965, subdivision 1 as amended by chapter 458 of the laws of 1985 and subdivision 2 as amended by chapter 84 of the laws of 2001, is amended to read as follows: S 359. [Carrying animal in a cruel manner] UNLAWFUL TRANSPORTATION OF ANIMALS. [1. A person who carries or causes to be carried in or upon any vessel or vehicle or otherwise, any animal in a cruel or inhuman manner, or so as to produce torture, is guilty of a misdemeanor, punish- able by imprisonment for not more than one year, or by a fine of not more than one thousand dollars, or by both. 2.] A railway corporation, or an owner, agent, consignee, or person in charge of any horses, sheep, cattle, or swine, in the course of, or for transportation, who confines, or causes or suffers the same to be confined, in cars for a longer period than twenty-eight consecutive hours, or thirty-six consecutive hours where consent is given in the manner hereinafter provided, without unloading for rest, water and feed- ing, during five consecutive hours, unless prevented by storm or inevi-
table accident, is guilty of a misdemeanor. The consent which will extend the period from twenty-eight to thirty-six hours shall be given by the owner, or by person in custody of a particular shipment, by a writing separate and apart from any printed bill of lading or other railroad form. In estimating such confinement, the time during which the animals have been confined without rest, on connecting roads from which they are received, must be computed. S 4. Section 365 of the agriculture and markets law, as amended by chapter 458 of the laws of 1985, is amended to read as follows: S 365. Clipping or cutting the ears of dogs. 1. Whoever clips or cuts off or causes or procures another to clip or cut off the whole or any part of an ear of any dog unless an anaesthetic shall have been given to the dog and the operation performed by a licensed veterinarian, is guil- ty of a misdemeanor, punishable by imprisonment for not more than one year, or a fine of not more than one thousand dollars, or by both. 2. [The provisions of this section shall not apply to any dog or person who is the owner or possessor of any dog whose ear or a part thereof has been clipped or cut off prior to September first, nineteen hundred twenty-nine. 3.] Each applicant for a dog license must state on such application whether any ear of the dog for which he applies for such license has been cut off wholly or in part. [4.] 3. Nothing herein contained shall be construed as preventing any dog whose ear or ears shall have been clipped or cut off wholly or in part, not in violation of this section, from being imported into the state exclusively for breeding purposes. S 5. Section 369 of the agriculture and markets law, as amended by chapter 458 of the laws of 1985, is amended to read as follows: S 369. Interference with officers. Any person who shall interfere with or obstruct any constable or police officer or any officer or agent of any duly incorporated society for the prevention of cruelty to animals in the discharge of his duty to enforce the laws relating to animals, INCLUDING THOSE PROVISIONS CONTAINED IN ARTICLE TWO HUNDRED EIGHTY OF THE PENAL LAW, shall be guilty of a misdemeanor, punishable by imprison- ment for not more than one year, or by a fine of not more than one thou- sand dollars, or by both. S 6. Section 371 of the agriculture and markets law, as amended by chapter 573 of the laws of 1978, is amended to read as follows: S 371. Powers of peace officers. A constable or police officer must, and any agent or officer of any duly incorporated society for the prevention of cruelty to animals may issue an appearance ticket pursuant to section 150.20 of the criminal procedure law, summon or arrest, and bring before a court or magistrate having jurisdiction, any person offending against any of the provisions of article twenty-six of the agriculture and markets law OR ANY PROVISIONS OF ARTICLE TWO HUNDRED EIGHTY OF THE PENAL LAW. Any officer or agent of any of said societies may lawfully interfere to prevent the perpetration of any act of cruelty upon any animal in his presence. Any of said societies may prefer a complaint before any court, tribunal or magistrate having jurisdiction, for the violation of any law relating to or affecting animals and may aid in presenting the law and facts before such court, tribunal or magistrate in any proceeding taken. S 7. Subdivision 8 of section 374 of the agriculture and markets law is REPEALED. S 8. The agriculture and markets law is amended by adding a new section 380 to read as follows:
S 380. SPECIAL SENTENCING PROVISIONS. IN ADDITION TO ANY OTHER PENAL- TY PROVIDED BY LAW, A COURT MAY IMPOSE THE FOLLOWING SENTENCES UPON A CONVICTION FOR ANY ANIMAL CRUELTY OFFENSE: 1. THE CONVICTED PERSON MAY, AFTER A DULY HELD HEARING PURSUANT TO SUBDIVISION SIX OF THIS SECTION, BE ORDERED BY THE COURT TO FORFEIT, TO A DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR A DULY INCORPORATED HUMANE SOCIETY OR AUTHORIZED AGENTS THEREOF, THE ANIMAL OR ANIMALS WHICH ARE THE BASIS OF THE CONVICTION. UPON SUCH AN ORDER OF FORFEITURE, THE CONVICTED PERSON SHALL BE DEEMED TO HAVE RELIN- QUISHED ALL RIGHTS TO THE ANIMALS WHICH ARE THE BASIS OF THE CONVICTION, EXCEPT THOSE GRANTED IN SUBDIVISION TWO OF THIS SECTION. 2. IN THE CASE OF FARM ANIMALS, THE COURT MAY, IN ADDITION TO THE FORFEITURE TO A DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR A DULY INCORPORATED HUMANE SOCIETY OR AUTHORIZED AGENTS THEREOF, AND SUBJECT TO THE RESTRICTIONS OF SECTIONS THREE HUNDRED FIFTY-FOUR AND THREE HUNDRED FIFTY-SEVEN OF THIS ARTICLE, ORDER THE FARM ANIMALS WHICH WERE THE BASIS OF THE CONVICTION TO BE SOLD. IN NO CASE SHALL FARM ANIMALS WHICH ARE THE BASIS OF THE CONVICTION BE REDEEMED BY THE CONVICTED PERSON WHO IS THE SUBJECT OF THE ORDER OF FORFEITURE OR BY ANY PERSON DWELLING IN THE SAME HOUSEHOLD WHO CONSPIRED, AIDED OR ABET- TED IN THE UNLAWFUL ACT WHICH WAS THE BASIS OF THE CONVICTION, OR WHO KNEW OR SHOULD HAVE KNOWN OF THE UNLAWFUL ACT. THE COURT SHALL REIMBURSE THE CONVICTED PERSON AND ANY DULY DETERMINED INTERESTED PERSONS, PURSU- ANT TO SUBDIVISION SIX OF THIS SECTION, ANY MONEY EARNED BY THE SALE OF THE FARM ANIMALS LESS ANY COSTS INCLUDING, BUT NOT LIMITED TO, VETERI- NARY AND CUSTODIAL CARE, AND ANY FINES OR PENALTIES IMPOSED BY THE COURT. THE COURT MAY ORDER THAT THE SUBJECT ANIMALS BE PROVIDED WITH APPROPRIATE CARE AND TREATMENT PENDING THE HEARING AND THE DISPOSITION OF THE CHARGES. ANY FARM ANIMAL ORDERED FORFEITED BUT NOT SOLD SHALL BE REMANDED TO THE CUSTODY AND CHARGE OF A DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR DULY INCORPORATED HUMANE SOCIETY OR ITS AUTHORIZED AGENT THEREOF AND DISPOSED OF PURSUANT TO SUBDIVISION FIVE OF THIS SECTION. 3. THE COURT MAY ORDER THAT THE CONVICTED PERSON OR ANY PERSON DWELL- ING IN THE SAME HOUSEHOLD WHO CONSPIRED, AIDED OR ABETTED IN THE UNLAW- FUL ACT WHICH WAS THE BASIS OF THE CONVICTION, OR WHO KNEW OR SHOULD HAVE KNOWN OF THE UNLAWFUL ACT, SHALL NOT OWN, HARBOR, OR HAVE CUSTODY OR CONTROL OF ANY OTHER ANIMALS, OTHER THAN FARM ANIMALS, FOR A PERIOD OF TIME WHICH THE COURT DEEMS REASONABLE. IN MAKING ITS DETERMINATION OF WHAT PERIOD OF TIME IS REASONABLE, THE COURT SHALL TAKE INTO ACCOUNT THE TOTALITY OF THE CIRCUMSTANCES BEFORE IT AND BE BOUND TO NO SINGLE FACTOR. SUCH ORDER MUST BE IN WRITING AND SPECIFICALLY STATE THE PERIOD OF TIME IMPOSED. 4. NO DOG OR CAT IN THE CUSTODY OF A DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, A DULY INCORPORATED HUMANE SOCIETY OR ITS AUTHORIZED AGENTS THEREOF, OR A POUND OR SHELTER, SHALL BE SOLD, TRANSFERRED OR OTHERWISE MADE AVAILABLE TO ANY PERSON FOR THE PURPOSE OF RESEARCH, EXPERIMENTATION OR TESTING. NO AUTHORIZED AGENT OF A DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, NOR OF A DULY INCORPORATED HUMANE SOCIETY, SHALL USE ANY ANIMAL PLACED IN ITS CUSTODY BY THE DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR DULY INCORPORATED HUMANE SOCIETY FOR THE PURPOSE OF RESEARCH, EXPERIMENTATION OR TESTING. 5. A DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR A DULY INCORPORATED HUMANE SOCIETY IN CHARGE OF ANIMALS FORFEITED PURSUANT TO SUBDIVISION ONE OR TWO OF THIS SECTION MAY, IN ITS
DISCRETION, LAWFULLY AND WITHOUT LIABILITY, ADOPT THEM TO INDIVIDUALS OTHER THAN THE CONVICTED PERSON OR PERSON DWELLING IN THE SAME HOUSEHOLD WHO CONSPIRED, AIDED OR ABETTED IN THE UNLAWFUL ACT WHICH WAS THE BASIS OF THE CONVICTION, OR WHO KNEW OR SHOULD HAVE KNOWN OF THE UNLAWFUL ACT, OR HUMANELY DISPOSE OF THEM. 6. (A) PRIOR TO AN ORDER OF FORFEITURE OF FARM ANIMALS, A HEARING SHALL BE HELD WITHIN THIRTY DAYS OF CONVICTION TO DETERMINE THE PECUNI- ARY INTERESTS OF ANY OTHER PERSON IN THE FARM ANIMALS WHICH WERE THE BASIS OF THE CONVICTION. WRITTEN NOTICE SHALL BE SERVED AT LEAST FIVE DAYS PRIOR TO THE HEARING UPON ALL INTERESTED PERSONS. IN ADDITION, NOTICE SHALL BE MADE BY PUBLICATION IN A LOCAL NEWSPAPER AT LEAST SEVEN DAYS PRIOR TO THE HEARING. FOR THE PURPOSES OF THIS SUBDIVISION, INTER- ESTED PERSONS SHALL MEAN ANY INDIVIDUAL, PARTNERSHIP, FIRM, JOINT STOCK COMPANY, CORPORATION, ASSOCIATION, TRUST, ESTATE, OR OTHER LEGAL ENTITY WHO THE COURT DETERMINES MAY HAVE A PECUNIARY INTEREST IN THE FARM ANIMALS WHICH ARE THE SUBJECT OF THE FORFEITURE ACTION. (B) ALL INTERESTED PERSONS SHALL BE PROVIDED AN OPPORTUNITY AT THE HEARING TO REDEEM THEIR INTEREST AS DETERMINED BY THE COURT IN THE SUBJECT FARM ANIMALS AND TO PURCHASE THE INTEREST OF THE CONVICTED PERSON. THE CONVICTED PERSON SHALL BE ENTITLED TO BE REIMBURSED HIS OR HER INTEREST IN THE FARM ANIMALS, LESS ANY COSTS, FINES OR PENALTIES IMPOSED BY THE COURT, AS SPECIFIED UNDER SUBDIVISION TWO OF THIS SECTION. IN NO CASE SHALL THE COURT AWARD CUSTODY OR CONTROL OF THE ANIMALS TO ANY INTERESTED PERSON WHO CONSPIRED, AIDED OR ABETTED IN THE UNLAWFUL ACT WHICH WAS THE BASIS OF THE CONVICTION, OR WHO KNEW OR SHOULD HAVE KNOWN OF THE UNLAWFUL ACT. 7. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT OR RESTRICT IN ANY WAY THE RIGHTS OF A SECURED PARTY HAVING A SECURITY INTEREST IN ANY FARM ANIMAL DESCRIBED IN THIS SECTION. THIS SECTION EXPRESSLY DOES NOT IMPAIR OR SUBORDINATE THE RIGHTS OF SUCH A SECURED LENDER HAVING A SECU- RITY INTEREST IN FARM ANIMALS OR IN THE PROCEEDS FROM THE SALE OF SUCH FARM ANIMALS. S 9. The penal law is amended by adding a new title Q to read as follows: TITLE Q OFFENSES AGAINST ANIMALS ARTICLE 280 OFFENSES AGAINST ANIMALS SECTION 280.00 DEFINITIONS. 280.05 PROMOTING ANIMAL FIGHTING IN THE SECOND DEGREE. 280.10 PROMOTING ANIMAL FIGHTING IN THE FIRST DEGREE. 280.20 ANIMAL CRUELTY IN THE SECOND DEGREE. 280.25 ANIMAL CRUELTY IN THE FIRST DEGREE. 280.26 ABANDONMENT OF AN ANIMAL; DEFENSE. 280.30 UNLAWFUL DEALING WITH DOMESTIC ANIMALS USED FOR RACING, BREEDING, OR COMPETITIVE EXHIBITION OF SKILL, BREED OR STAMINA. 280.35 ENDANGERING THE WELFARE OF ANIMALS. 280.40 ANIMAL ABDUCTION IN THE THIRD DEGREE. 280.45 ANIMAL ABDUCTION IN THE SECOND DEGREE. 280.50 ANIMAL ABDUCTION IN THE FIRST DEGREE. 280.55 UNAUTHORIZED POSSESSION OF ANIMAL PRESUMPTIVE EVIDENCE OF RESTRAINT AND ABDUCTION. 280.60 APPROPRIATE SHELTER FOR DOGS LEFT OUTDOORS. 280.65 CONFINEMENT OF COMPANION ANIMALS IN VEHICLES; EXTREME TEMPERATURES.
280.70 LEAVING NEW YORK STATE TO AVOID PROVISIONS OF THIS ARTI- CLE. 280.75 EVIDENTIARY AND IMPOUNDMENT PROCEDURES BY MEMBERS OF LAW ENFORCEMENT. 280.80 SPECIAL SENTENCING PROVISIONS APPLICABLE. S 280.00 DEFINITIONS. THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS ARTICLE: 1. "ANIMAL" INCLUDES EVERY LIVING CREATURE EXCEPT A HUMAN BEING. 2. "TORTURE" OR "CRUELTY" INCLUDES EVERY ACT, OMISSION, OR NEGLECT, WHEREBY UNJUSTIFIABLE PHYSICAL PAIN, SUFFERING OR DEATH IS CAUSED OR PERMITTED. 3. "AGGRAVATED CRUELTY" SHALL MEAN CONDUCT THAT IS INTENDED TO CAUSE EXTREME PHYSICAL PAIN, CONDUCT THAT IS DONE OR CARRIED OUT IN A DEPRAVED OR SADISTIC MANNER, OR CONDUCT WHICH CAUSES A SIGNIFICANT RISK OF DEATH OR SERIOUS BODILY HARM. 4. "ADOPTION" MEANS THE DELIVERY OF ANY ANIMAL, SEIZED OR SURRENDERED, TO ANY NATURAL PERSON EIGHTEEN YEARS OF AGE OR OLDER, FOR THE LIMITED PURPOSE OF HARBORING SUCH ANIMAL AS A PET. 5. "FARM ANIMAL" MEANS ANY UNGULATE, POULTRY, SPECIES OF CATTLE, SHEEP, SWINE, GOATS, LLAMAS, HORSES OR FUR-BEARING ANIMALS, AS DEFINED IN SECTION 11-1907 OF THE ENVIRONMENTAL CONSERVATION LAW, WHICH ARE RAISED FOR COMMERCIAL OR SUBSISTENCE PURPOSES. "FUR-BEARING ANIMAL" SHALL NOT INCLUDE DOGS OR CATS. 6. "COMPANION ANIMAL" OR "PET" MEANS ANY DOG OR CAT, AND SHALL ALSO MEAN ANY OTHER DOMESTICATED ANIMAL NORMALLY MAINTAINED IN OR NEAR THE HOUSEHOLD OF THE OWNER OR PERSON WHO CARES FOR SUCH OTHER DOMESTICATED ANIMAL. "PET" OR "COMPANION ANIMAL" SHALL NOT INCLUDE A "FARM ANIMAL" AS DEFINED IN THIS SECTION. 7. "ANIMAL FIGHTING" SHALL MEAN ANY FIGHT BETWEEN COCKS OR OTHER BIRDS, OR BETWEEN DOGS, BULLS, BEARS OR ANY OTHER ANIMALS, OR BETWEEN ANY SUCH ANIMAL AND A PERSON OR PERSONS, EXCEPT IN EXHIBITIONS OF A KIND COMMONLY FEATURED AT RODEOS. 8. "ABANDONS" MEANS ANY ACTION TAKEN THAT REFLECTS WILLFUL DEPARTURE FROM THE OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR CUSTODY OF AN ANIMAL, WITHOUT MAKING ADEQUATE PROVISIONS FOR THE ANIMAL'S FUTURE CARE. 9. "RESTRAIN" MEANS TO RESTRICT AN ANIMAL'S MOVEMENTS INTENTIONALLY AND UNLAWFULLY IN SUCH MANNER AS TO INTERFERE SUBSTANTIALLY WITH ITS LIBERTY BY MOVING IT FROM ONE PLACE TO ANOTHER, OR BY CONFINING IT EITHER IN THE PLACE WHERE THE RESTRICTION COMMENCES OR IN A PLACE TO WHICH IT HAS BEEN MOVED, WITH KNOWLEDGE THAT THE RESTRICTION IS UNLAW- FUL. 10. "ABDUCT" MEANS TO RESTRAIN AN ANIMAL WITH INTENT TO PREVENT ITS LIBERATION BY SECRETING OR HOLDING IT IN A PLACE WHERE IT IS NOT LIKELY TO BE FOUND. S 280.05 PROMOTING ANIMAL FIGHTING IN THE SECOND DEGREE. A PERSON IS GUILTY OF PROMOTING ANIMAL FIGHTING IN THE SECOND DEGREE WHEN SUCH PERSON: 1. OWNS, POSSESSES, OR KEEPS ANY ANIMAL UNDER ANY CIRCUMSTANCE EVINCING AN INTENT THAT SUCH ANIMAL ENGAGE IN ANIMAL FIGHTING; OR 2. PAYS AN ADMISSION FEE, MAKES A WAGER, OR IS OTHERWISE PRESENT AT ANY PLACE WHERE AN EXHIBITION OF ANIMAL FIGHTING IS BEING CONDUCTED, AND SUCH PERSON HAS KNOWLEDGE THAT SUCH AN EXHIBITION IS BEING CONDUCTED. PROMOTING ANIMAL FIGHTING IN THE SECOND DEGREE IS A MISDEMEANOR, PUNISHABLE BY IMPRISONMENT FOR A PERIOD NOT TO EXCEED ONE YEAR, OR BY A FINE, OR BY BOTH SUCH FINE AND IMPRISONMENT. IN THE EVENT OF A VIOLATION OF SUBDIVISION ONE OF THIS SECTION, THE FINE SHALL NOT EXCEED FIFTEEN
THOUSAND DOLLARS. IN THE EVENT OF A VIOLATION OF SUBDIVISION TWO OF THIS SECTION, THE FINE SHALL NOT EXCEED ONE THOUSAND DOLLARS. S 280.10 PROMOTING ANIMAL FIGHTING IN THE FIRST DEGREE. A PERSON IS GUILTY OR PROMOTING ANIMAL FIGHTING IN THE FIRST DEGREE WHEN SUCH PERSON: 1. INTENTIONALLY CAUSES AN ANIMAL TO ENGAGE IN ANIMAL FIGHTING; OR 2. TRAINS AN ANIMAL UNDER CIRCUMSTANCES EVINCING AN INTENT THAT SUCH ANIMAL ENGAGE IN ANIMAL FIGHTING; OR 3. BREEDS, SELLS OR OFFERS FOR SALE AN ANIMAL UNDER CIRCUMSTANCES EVINCING AN INTENT THAT SUCH ANIMAL ENGAGE IN ANIMAL FIGHTING; OR 4. PERMITS ANY ACT DESCRIBED IN SUBDIVISION ONE, TWO OR THREE OF THIS SECTION TO OCCUR ON PREMISES UNDER HIS OR HER CONTROL; OR 5. OWNS, POSSESSES OR KEEPS ANY ANIMAL TRAINED TO ENGAGE IN ANIMAL FIGHTING ON PREMISES WHERE AN EXHIBITION OF ANIMAL FIGHTING IS BEING CONDUCTED UNDER CIRCUMSTANCES EVINCING AN INTENT THAT SUCH ANIMAL ENGAGE IN ANIMAL FIGHTING. PROMOTING ANIMAL FIGHTING IN THE FIRST DEGREE IS A FELONY, PUNISHABLE BY IMPRISONMENT FOR A PERIOD NOT TO EXCEED FOUR YEARS, OR BY A FINE NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS, OR BY BOTH SUCH FINE AND IMPRI- SONMENT. S 280.20 ANIMAL CRUELTY IN THE SECOND DEGREE. A PERSON IS GUILTY OF ANIMAL CRUELTY IN THE SECOND DEGREE WHEN: 1. HAVING OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR CUSTODY OF AN ANIMAL, SUCH PERSON KNOWINGLY: (A) DEPRIVES SUCH ANIMAL OF FOOD, DRINK, VETERINARY CARE, OR SHELTER ADEQUATE TO MAINTAIN THE ANIMAL'S HEALTH AND COMFORT; OR CAUSES, PROCURES, OR PERMITS SUCH ANIMAL TO BE DEPRIVED OF FOOD, DRINK, VETERI- NARY CARE, OR SHELTER ADEQUATE TO MAINTAIN THE ANIMAL'S HEALTH AND COMFORT; OR (B) ABANDONS SUCH ANIMAL, OR LEAVES AN ANIMAL TO DIE IN A STREET, ROAD OR PUBLIC PLACE, OR WHO ALLOWS AN ANIMAL, IF IT BECOMES DISABLED, TO LIE IN A PUBLIC STREET, ROAD OR PUBLIC PLACE; OR 2. REGARDLESS OF OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR CUSTODY, SUCH PERSON KNOWINGLY: (A) OVERDRIVES, OVERLOADS, TORTURES, OR BEATS ANY ANIMAL, OR CAUSES, PROCURES, OR PERMITS ANY ANIMAL TO BE OVERDRIVEN, OVERLOADED, TORTURED, OR BEATEN; OR (B) UNJUSTIFIABLY INJURES, MAIMS, MUTILATES, OR KILLS ANY ANIMAL, OR CAUSES, PROCURES, OR PERMITS ANY ANIMAL TO BE UNJUSTIFIABLY INJURED, MAIMED, MUTILATED, OR KILLED; OR (C) CARRIES OR CAUSES TO BE CARRIED ANY ANIMAL IN A CRUEL AND INHUMANE MANNER, OR SO AS TO PRODUCE TORTURE; OR (D) ENGAGES IN, OR IN ANY WAY FURTHERS ANY ACT OF CRUELTY TO ANY ANIMAL, OR ANY ACT TENDING TO PRODUCE SUCH CRUELTY; OR (E) UNJUSTIFIABLY ADMINISTERS ANY POISONOUS OR NOXIOUS DRUG OR SUBSTANCE TO AN ANIMAL, OTHER THAN A HORSE, MULE OR DOMESTIC CATTLE, OR UNJUSTIFIABLY EXPOSES ANY SUCH DRUG OR SUBSTANCE WITH INTENT THAT SUCH SHALL BE TAKEN BY AN ANIMAL OTHER THAN HORSE, MULE, OR DOMESTIC CATTLE. NOTHING HEREIN CONTAINED SHALL BE CONSTRUED TO PROHIBIT OR INTERFERE WITH ANY PROPERLY CONDUCTED SCIENTIFIC TESTS, EXPERIMENTS, OR INVESTI- GATIONS INVOLVING THE USE OF LIVING ANIMALS, PERFORMED OR CONDUCTED IN LABORATORIES OR INSTITUTIONS, WHICH ARE APPROVED FOR THESE PURPOSES BY THE COMMISSIONER OF HEALTH. THE COMMISSIONER OF HEALTH SHALL PRESCRIBE THE RULES UNDER WHICH SUCH APPROVALS SHALL BE GRANTED, INCLUDING THEREIN STANDARDS REGARDING THE CARE AND TREATMENT OF ANY SUCH ANIMALS. SUCH RULES SHALL BE PUBLISHED AND COPIES THEREOF CONSPICUOUSLY POSTED IN EACH
SUCH LABORATORY OR INSTITUTION. THE COMMISSIONER OF HEALTH OR HIS OR HER DULY AUTHORIZED REPRESENTATIVE SHALL HAVE THE POWER TO INSPECT SUCH LABORATORIES OR INSTITUTIONS TO INSURE COMPLIANCE WITH SUCH RULES AND STANDARDS. EACH SUCH APPROVAL MAY BE REVOKED AT ANY TIME FOR FAILURE TO COMPLY WITH SUCH RULES AND IN ANY CASE THE APPROVAL SHALL BE LIMITED TO A PERIOD NOT EXCEEDING ONE YEAR. ANIMAL CRUELTY IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR. S 280.25 ANIMAL CRUELTY IN THE FIRST DEGREE. A PERSON IS GUILTY OF ANIMAL CRUELTY IN THE FIRST DEGREE WHEN, HAVING NO JUSTIFIABLE PURPOSE, SUCH PERSON: 1. INTENTIONALLY KILLS OR INTENTIONALLY CAUSES SERIOUS PHYSICAL INJURY TO A COMPANION ANIMAL; OR 2. KNOWINGLY INSTIGATES, ENGAGES IN, OR IN ANY WAY FURTHERS AN ACT OF AGGRAVATED CRUELTY TO ANY ANIMAL; OR 3. ADMINISTERS ANY POISONOUS OR NOXIOUS DRUG OR SUBSTANCE TO A HORSE, MULE, OR DOMESTIC CATTLE OR EXPOSES ANY SUCH DRUG OR SUBSTANCE TO THE ANIMAL WITH THE INTENT THAT THE ANIMAL TAKE THE SAME, REGARDLESS OF THE ANIMAL'S OWNERSHIP; OR 4. COMMITS THE CRIME OF ANIMAL CRUELTY IN THE SECOND DEGREE IN VIOLATION OF SECTION 280.20 OF THIS ARTICLE AND HAS PREVIOUSLY BEEN CONVICTED, WITHIN THE PRECEDING TEN YEARS, OF ANIMAL CRUELTY IN THE SECOND DEGREE. 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 280.20 OF THIS ARTICLE. ANIMAL CRUELTY IN THE FIRST DEGREE IS A CLASS D FELONY. S 280.26 ABANDONMENT OF AN ANIMAL; DEFENSE. IN A PROSECUTION FOR ABANDONMENT OF AN ANIMAL OR PET, PURSUANT TO PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION 280.20 OF THIS ARTICLE, BASED UPON AN ALLEGED DESERTION OF AN ANIMAL OR PET, WITH AN INTENT TO WHOLLY ABANDON SUCH PET OR ANIMAL, IT IS AN AFFIRMATIVE DEFENSE THAT, WITH THE INTENT THAT THE ANIMAL OR PET BE SAFE FROM PHYSICAL INJURY AND CARED FOR IN AN APPROPRIATE MANNER, THE DEFENDANT LEFT THE ANIMAL OR PET WITH AN APPROPRIATE PERSON OR IN A SUITABLE LOCATION AND PROMPTLY NOTI- FIED AN APPROPRIATE PERSON OF SUCH ANIMAL OR PET'S LOCATION. S 280.30 UNLAWFUL DEALING WITH DOMESTIC ANIMALS USED FOR RACING, BREED- ING, OR COMPETITIVE EXHIBITION OF SKILL, BREED OR STAMINA. A PERSON IS GUILTY OF UNLAWFUL DEALING WITH DOMESTIC ANIMALS USED FOR RACING, BREEDING, OR COMPETITIVE EXHIBITION OF SKILL, BREED, OR STAMINA WHEN, REGARDLESS OF OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR CUSTODY, SUCH PERSON: 1. COMMITS THE CRIME OF ANIMAL CRUELTY IN THE SECOND DEGREE IN VIOLATION OF SECTION 280.20 OF THIS ARTICLE, AND SUCH ANIMAL IS A HORSE, MULE, DOG, OR ANY DOMESTIC ANIMAL USED FOR THE PURPOSES OF RACING, BREEDING OR COMPETITIVE EXHIBITION OF SKILL, BREED, OR STAMINA; OR 2. INTERFERES WITH, INJURES, DESTROYS, OR TAMPERS WITH ANY HORSE, MULE, DOG, OR ANY DOMESTIC ANIMAL USED FOR THE PURPOSES OF RACING, BREEDING, OR COMPETITIVE EXHIBITION OF SKILL, BREED, OR STAMINA.
UNLAWFUL DEALING WITH DOMESTIC ANIMALS USED FOR RACING, BREEDING OR COMPETITIVE EXHIBITION OF SKILL, BREED OR STAMINA IS A CLASS E FELONY. S 280.35 ENDANGERING THE WELFARE OF ANIMALS. A PERSON IS GUILTY OF ENDANGERING THE WELFARE OF ANIMALS WHEN, WITH THE INTENT TO CAUSE INJURY TO AN ANIMAL, OR RECKLESSLY CREATING A RISK THEREOF, SUCH PERSON: 1. CREATES A HAZARDOUS OR PHYSICALLY OFFENSIVE CONDITION FOR ANY ANIMAL BY ANY ACT THAT SERVES NO LEGITIMATE PURPOSE; OR 2. THROWS, DROPS OR PLACES, OR CAUSES TO BE THROWN, DROPPED OR PLACED IN A PUBLIC PLACE, A SUBSTANCE THAT MIGHT WOUND, DISABLE, OR INJURE ANY ANIMAL. ENDANGERING THE WELFARE OF ANIMALS IS A VIOLATION. S 280.40 ANIMAL ABDUCTION IN THE THIRD DEGREE. A PERSON IS GUILTY OF ANIMAL ABDUCTION IN THE THIRD DEGREE WHEN SUCH PERSON RESTRAINS A COMPANION ANIMAL WITHOUT THE CONSENT OF THE INDIVID- UAL HAVING OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR CUSTODY OVER SAID COMPANION ANIMAL. ANIMAL ABDUCTION IN THE THIRD DEGREE IS A CLASS B MISDEMEANOR. S 280.45 ANIMAL ABDUCTION IN THE SECOND DEGREE. A PERSON IS GUILTY OF ANIMAL ABDUCTION IN THE SECOND DEGREE WHEN SUCH PERSON ABDUCTS A COMPANION ANIMAL WITHOUT THE CONSENT OF THE INDIVIDUAL HAVING OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR CUSTODY OVER SAID COMPANION ANIMAL. ANIMAL ABDUCTION IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR. S 280.50 ANIMAL ABDUCTION IN THE FIRST DEGREE. A PERSON IS GUILTY OF ANIMAL ABDUCTION IN THE FIRST DEGREE WHEN SUCH PERSON ABDUCTS OR RESTRAINS A COMPANION ANIMAL WITHOUT THE CONSENT OF THE INDIVIDUAL HAVING OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR CUSTODY OVER SAID COMPANION ANIMAL, AND WHEN: 1. SUCH PERSON'S INTENT IS TO COMPEL THE PAYMENT OR DELIVERANCE OF MONEY OR PROPERTY AS RANSOM, OR TO ENGAGE IN OTHER PARTICULAR CONDUCT, OR TO REFRAIN FROM ENGAGING IN PARTICULAR CONDUCT; OR 2. SUCH PERSON CAUSES PHYSICAL INJURY TO THE COMPANION ANIMAL; OR 3. THE COMPANION ANIMAL DIES DURING THE ABDUCTION OR BEFORE IT IS ABLE TO RETURN OR BE RETURNED TO SAFETY. SUCH DEATH SHALL BE PRESUMED FROM EVIDENCE THAT THE INDIVIDUAL HAVING OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR CUSTODY OVER SAID COMPANION ANIMAL DID NOT SEE THE ANIMAL FOLLOWING THE TERMINATION OF THE ABDUCTION AND PRIOR TO TRIAL AND RECEIVED NO RELIABLE INFORMATION DURING SUCH PERIOD PERSUASIVELY INDI- CATING THAT SUCH ANIMAL WAS ALIVE. ANIMAL ABDUCTION IN THE FIRST DEGREE IS A CLASS D FELONY. S 280.55 UNAUTHORIZED POSSESSION OF ANIMAL PRESUMPTIVE EVIDENCE OF RESTRAINT AND ABDUCTION. THE UNAUTHORIZED POSSESSION OF A COMPANION ANIMAL BY ANY PERSON WITH- OUT THE CONSENT OF THE INDIVIDUAL HAVING OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR CUSTODY OVER SAID COMPANION ANIMAL, FOR A PERIOD EXCEEDING TEN DAYS, WITHOUT NOTIFYING EITHER SAID INDIVIDUAL, THE LOCAL POLICE AUTHORITIES, OR THE OFFICE OF THE SUPERINTENDENT OF THE STATE POLICE LOCATED IN ALBANY, NEW YORK, OF SUCH POSSESSION, SHALL BE PRESUMPTIVE EVIDENCE OF RESTRAINT AND ABDUCTION. S 280.60 APPROPRIATE SHELTER FOR DOGS LEFT OUTDOORS. 1. FOR PURPOSES OF THIS SECTION: (A) "PHYSICAL CONDITION" SHALL INCLUDE ANY SPECIAL MEDICAL NEEDS OF A DOG DUE TO DISEASE, ILLNESS, INJURY, AGE OR BREED ABOUT WHICH THE OWNER OR PERSON WITH CUSTODY OR CONTROL OF THE DOG SHOULD REASONABLY BE AWARE.
(B) "INCLEMENT WEATHER" SHALL MEAN WEATHER CONDITIONS THAT ARE LIKELY TO ADVERSELY AFFECT THE HEALTH OR SAFETY OF THE DOG, INCLUDING BUT NOT LIMITED TO RAIN, SLEET, ICE, SNOW, WIND, OR EXTREME HEAT AND COLD. (C) "DOGS THAT ARE LEFT OUTDOORS" SHALL MEAN DOGS THAT ARE OUTDOORS IN INCLEMENT WEATHER WITHOUT READY ACCESS TO, OR THE ABILITY TO ENTER, A HOUSE, APARTMENT BUILDING, OFFICE BUILDING, OR ANY OTHER PERMANENT STRUCTURE THAT COMPLIES WITH THE STANDARDS ENUMERATED IN PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION. 2. (A) ANY PERSON WHO OWNS OR HAS CUSTODY OR CONTROL OF A DOG THAT IS LEFT OUTDOORS SHALL PROVIDE IT WITH SHELTER APPROPRIATE TO ITS BREED, PHYSICAL CONDITION AND CLIMATE. ANY PERSON WHO KNOWINGLY VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE GUILTY OF A VIOLATION, PUNISHABLE BY A FINE OF NOT LESS THAN FIFTY DOLLARS NOR MORE THAN ONE HUNDRED DOLLARS FOR A FIRST OFFENSE, AND A FINE OF NOT LESS THAN ONE HUNDRED DOLLARS NOR MORE THAN TWO HUNDRED FIFTY DOLLARS FOR A SECOND AND SUBSEQUENT OFFENSE. BEGINNING SEVENTY-TWO HOURS AFTER A CHARGE OF VIOLATING THIS SECTION, EACH DAY THAT A DEFENDANT FAILS TO CORRECT THE DEFICIENCIES IN THE DOG SHELTER FOR A DOG THAT HE OR SHE OWNS OR THAT IS IN HIS OR HER CUSTODY OR CONTROL AND THAT IS LEFT OUTDOORS, SO AS TO BRING IT INTO COMPLIANCE WITH THE PROVISIONS OF THIS SECTION SHALL CONSTITUTE A SEPARATE OFFENSE. (B) THE COURT MAY, IN ITS DISCRETION, REDUCE THE AMOUNT OF ANY FINE IMPOSED FOR A VIOLATION OF THIS SECTION BY THE AMOUNT WHICH THE DEFEND- ANT PROVES HE OR SHE HAS SPENT PROVIDING A DOG SHELTER OR REPAIRING AN EXISTING DOG SHELTER SO THAT IT COMPLIES WITH THE REQUIREMENTS OF THIS SECTION. NOTHING IN THIS PARAGRAPH SHALL PREVENT THE SEIZURE OF A DOG FOR A VIOLATION OF THIS SECTION PURSUANT TO THE AUTHORITY GRANTED IN THIS ARTICLE. 3. MINIMUM STANDARDS FOR DETERMINING WHETHER SHELTER IS APPROPRIATE TO A DOG'S BREED, PHYSICAL CONDITION AND THE CLIMATE SHALL INCLUDE: (A) FOR DOGS THAT ARE RESTRAINED IN ANY MANNER OUTDOORS, SHADE BY NATURAL OR ARTIFICIAL MEANS TO PROTECT THE DOG FROM DIRECT SUNLIGHT AT ALL TIMES WHEN EXPOSURE TO SUNLIGHT IS LIKELY TO THREATEN THE HEALTH OF THE DOG. (B) FOR ALL DOGS THAT ARE LEFT OUTDOORS IN INCLEMENT WEATHER, A HOUS- ING FACILITY, WHICH MUST: (1) HAVE A WATERPROOF ROOF; (2) BE STRUC- TURALLY SOUND WITH INSULATION APPROPRIATE TO LOCAL CLIMATIC CONDITIONS AND SUFFICIENT TO PROTECT THE DOG FROM INCLEMENT WEATHER; (3) BE CONSTRUCTED TO ALLOW EACH DOG ADEQUATE FREEDOM OF MOVEMENT TO MAKE NORMAL POSTURAL ADJUSTMENTS, INCLUDING THE ABILITY TO STAND UP, TURN AROUND AND LIE DOWN WITH ITS LIMBS OUTSTRETCHED; AND (4) ALLOW FOR EFFECTIVE REMOVAL OF EXCRETIONS, OTHER WASTE MATERIAL, DIRT AND TRASH. THE HOUSING FACILITY AND THE AREA IMMEDIATELY SURROUNDING IT SHALL BE REGULARLY CLEANED TO MAINTAIN A HEALTHY AND SANITARY ENVIRONMENT AND TO MINIMIZE HEALTH HAZARDS. 4. INADEQUATE SHELTER MAY BE INDICATED BY THE APPEARANCE OF THE HOUS- ING FACILITY ITSELF, INCLUDING BUT NOT LIMITED TO, SIZE, STRUCTURAL SOUNDNESS, EVIDENCE OF CROWDING WITHIN THE HOUSING FACILITY, HEALTHFUL ENVIRONMENT IN THE AREA IMMEDIATELY SURROUNDING SUCH FACILITY, OR BY THE APPEARANCE OR PHYSICAL CONDITION OF THE DOG. 5. UPON A FINDING OF ANY VIOLATION OF THIS SECTION, ANY DOG OR DOGS SEIZED PURSUANT TO THE PROVISIONS OF THIS ARTICLE THAT HAVE NOT BEEN VOLUNTARILY SURRENDERED BY THE OWNER OR CUSTODIAN OR FORFEITED PURSUANT TO COURT ORDER SHALL BE RETURNED TO THE OWNER OR CUSTODIAN ONLY UPON PROOF THAT APPROPRIATE SHELTER AS REQUIRED BY THIS SECTION IS BEING PROVIDED.
6. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO AFFECT ANY PROTECTIONS AFFORDED TO DOGS OR OTHER ANIMALS UNDER ANY OTHER PROVISIONS OF THIS ARTICLE. S 280.65 CONFINEMENT OF COMPANION ANIMALS IN VEHICLES; EXTREME TEMPER- ATURES. 1. A PERSON SHALL NOT CONFINE A COMPANION ANIMAL IN A MOTOR VEHICLE IN EXTREME HEAT OR COLD WITHOUT PROPER VENTILATION OR OTHER PROTECTION FROM SUCH EXTREME TEMPERATURES WHERE SUCH CONFINEMENT PLACES THE COMPANION ANIMAL IN IMMINENT DANGER OF DEATH OR SERIOUS PHYSICAL INJURY DUE TO EXPOSURE TO SUCH EXTREME HEAT OR COLD. 2. WHERE THE OPERATOR OF SUCH A VEHICLE CANNOT BE PROMPTLY LOCATED, A POLICE OFFICER, PEACE OFFICER, OR PEACE OFFICER ACTING AS AN AGENT OF A DULY INCORPORATED HUMANE SOCIETY MAY TAKE NECESSARY STEPS TO REMOVE THE ANIMAL OR ANIMALS FROM THE VEHICLE. 3. POLICE OFFICERS, PEACE OFFICERS OR PEACE OFFICERS ACTING AS AGENTS OF A DULY INCORPORATED HUMANE SOCIETY REMOVING AN ANIMAL OR ANIMALS FROM A VEHICLE PURSUANT TO THIS SECTION SHALL PLACE A WRITTEN NOTICE ON OR IN THE VEHICLE, BEARING THE NAME OF THE OFFICER OR AGENT, AND THE DEPART- MENT OR AGENCY AND ADDRESS WHERE THE ANIMAL OR ANIMALS WILL BE TAKEN. 4. AN ANIMAL OR ANIMALS REMOVED FROM A VEHICLE PURSUANT TO THIS SECTION SHALL, AFTER RECEIPT OF ANY NECESSARY EMERGENCY VETERINARY TREATMENT, BE DELIVERED TO THE DULY INCORPORATED HUMANE SOCIETY OR SOCI- ETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, OR DESIGNATED AGENT THERE- OF, IN THE JURISDICTION WHERE THE ANIMAL OR ANIMALS WERE SEIZED. 5. ANY PERSON WHO KNOWINGLY VIOLATES THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL BE GUILTY OF A VIOLATION, PUNISHABLE BY A FINE OF NOT LESS THAN FIFTY DOLLARS NOR MORE THAN ONE HUNDRED DOLLARS FOR A FIRST OFFENSE, AND A FINE OF NOT LESS THAN ONE HUNDRED DOLLARS NOR MORE THAN TWO HUNDRED AND FIFTY DOLLARS FOR A SECOND AND SUBSEQUENT OFFENSES. 6. OFFICERS SHALL NOT BE HELD CRIMINALLY OR CIVILLY LIABLE FOR ACTIONS TAKEN REASONABLY AND IN GOOD FAITH IN CARRYING OUT THE PROVISIONS OF THIS SECTION. 7. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO AFFECT ANY OTHER PROTECTIONS AFFORDED TO COMPANION ANIMALS UNDER ANY OTHER PROVISIONS OF THIS ARTICLE. S 280.70 LEAVING NEW YORK STATE TO AVOID PROVISIONS OF THIS ARTICLE. A PERSON WHO LEAVES THIS STATE WITH INTENT TO ELUDE ANY OF THE PROVISIONS OF THIS ARTICLE OR TO COMMIT ANY ACT OUT OF THIS STATE WHICH IS PROHIBITED BY THEM OR WHO, BEING A RESIDENT OF THIS STATE, DOES ANY ACT WITHOUT THIS STATE, PURSUANT TO SUCH INTENT, WHICH WOULD BE PUNISHA- BLE UNDER SUCH PROVISIONS, IF COMMITTED WITHIN THIS STATE, IS PUNISHABLE IN THE SAME MANNER AS IF SUCH ACT HAD BEEN COMMITTED WITHIN THIS STATE. S 280.75 EVIDENTIARY AND IMPOUNDMENT PROCEDURES BY MEMBERS OF LAW ENFORCEMENT. MATTERS RELATING TO THE SEIZURE, ADOPTION, CARE, DISPOSITION AND DESTRUCTION OF ANIMALS BY MEMBERS OF LAW ENFORCEMENT AND MEMBERS OF A DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS CHARGED TO ENFORCE THIS ARTICLE, ANCILLARY TO SUCH ENFORCEMENT OF THIS ARTICLE, SHALL BE GOVERNED BY ARTICLE TWENTY-SIX OF THE AGRICULTURE AND MARKETS LAW AND ARTICLE SIX HUNDRED NINETY OF THE CRIMINAL PROCEDURE LAW. S 280.80 SPECIAL SENTENCING PROVISIONS APPLICABLE. IN ADDITION TO ANY OTHER PENALTY PROVIDED BY LAW, THE SENTENCING PROVISIONS CONTAINED IN SECTION THREE HUNDRED EIGHTY OF THE AGRICULTURE AND MARKETS LAW SHALL BE APPLICABLE TO VIOLATIONS OF THIS ARTICLE.
S 10. Paragraph (c) of subdivision 1 of section 70.02 of the penal law, as amended by chapter 405 of the laws of 2010, is amended to read as follows: (c) Class D violent felony offenses: an attempt to commit any of the class C felonies set forth in paragraph (b); reckless assault of a child as defined in section 120.02, assault in the second degree as defined in section 120.05, menacing a police officer or peace officer as defined in section 120.18, stalking in the first degree, as defined in subdivision one of section 120.60, strangulation in the second degree as defined in section 121.12, rape in the second degree as defined in section 130.30, criminal sexual act in the second degree as defined in section 130.45, sexual abuse in the first degree as defined in section 130.65, course of sexual conduct against a child in the second degree as defined in section 130.80, aggravated sexual abuse in the third degree as defined in section 130.66, facilitating a sex offense with a controlled substance as defined in section 130.90, criminal possession of a weapon in the third degree as defined in subdivision five, six, seven or eight of section 265.02, criminal sale of a firearm in the third degree as defined in section 265.11, intimidating a victim or witness in the second degree as defined in section 215.16, soliciting or providing support for an act of terrorism in the second degree as defined in section 490.10, and making a terroristic threat as defined in section 490.20, falsely reporting an incident in the first degree as defined in section 240.60, placing a false bomb or hazardous substance in the first degree as defined in section 240.62, placing a false bomb or hazardous substance in a sports stadium or arena, mass transportation facility or enclosed shopping mall as defined in section 240.63, [and] aggravated unpermitted use of indoor pyrotechnics in the first degree as defined in section 405.18, AND ANIMAL CRUELTY IN THE FIRST DEGREE AS DEFINED IN SECTION 280.25. S 11. 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 animal while such animal is in the performance of its duties and under the supervision of a police or peace officer. Killing or injuring a police animal is a class [A misdemeanor] D FELO- NY. S 12. Section 195.11 of the penal law, as added by chapter 344 of the laws of 1989, is amended to read as follows: S 195.11 Harming an animal trained to aid a person with a disability in the second degree. A person is guilty of harming an animal trained to aid a person with a disability in the second degree when such person intentionally causes physical injury to such animal while it is in the performance of aiding a person with a disability, and thereby renders such animal incapable of providing such aid to such person, or to another person with a disabili- ty. For purposes of this section and section 195.12 of this article, the term "disability" means "disability" as defined in subdivision twenty- one of section two hundred ninety-two of the executive law. Harming an animal trained to aid a person with a disability in the second degree is a class [B] A misdemeanor. S 13. Section 195.12 of the penal law, as added by chapter 344 of the laws of 1989, is amended to read as follows:
S 195.12 Harming an animal trained to aid a person with a disability in the first degree. A person is guilty of harming an animal trained to aid a person with a disability in the first degree when such person: 1. intentionally causes physical injury to such animal while it is in the performance of aiding a person with a disability, and thereby renders such animal permanently incapable of providing such aid to such person, or to another person with a disability; or 2. intentionally kills such animal while it is in the performance of aiding a person with a disability. Harming an animal trained to aid a person with a disability in the first degree is a class [A misdemeanor] D FELONY. S 14. Subdivision 2 of section 265.01 of the penal law, as amended by chapter 220 of the laws of 1988, is amended to read as follows: (2) He OR SHE possesses any dagger, dangerous knife, dirk, razor, stiletto, imitation pistol, or any other dangerous or deadly instrument or weapon with intent to use the same unlawfully against another PERSON OR ANIMAL; or S 15. Severability clause. If any clause, sentence, paragraph, subdi- vision, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judg- ment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. S 16. This act shall take effect immediately; provided, however, that sections nine through fourteen of this act shall take effect on the first of November next succeeding the date on which it shall have become a law.

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