S946-2011 - NY Senate Open Legislation - Includes the theft of dogs and cats within the crime of grand larceny in the fourth degree (a class E felony) in certain cases

Includes the theft of a pet within the crime of grand larceny in the fourth degree in certain instances; defines "pet" as a licensed dog or cat harbored by the owner or lawful custodian of such dog or cat in a dwelling or within an enclosure or yard.

Sponsor: MARCELLINO / Co-sponsor(s): OPPENHEIMER
Law Section: Penal Law / Law: Amd SS155.00 & 155.30, Pen L

S946-2011 Actions

Apr 18, 2012: referred to codes
Apr 18, 2012: DELIVERED TO ASSEMBLY
Apr 18, 2012: PASSED SENATE
Mar 15, 2012: ADVANCED TO THIRD READING
Mar 14, 2012: 2ND REPORT CAL.
Mar 13, 2012: 1ST REPORT CAL.338
Jan 4, 2012: REFERRED TO CODES
Jan 4, 2012: returned to senate
Jan 4, 2012: died in assembly
Jun 1, 2011: referred to codes
Jun 1, 2011: DELIVERED TO ASSEMBLY
Jun 1, 2011: PASSED SENATE
May 16, 2011: ADVANCED TO THIRD READING
May 11, 2011: 2ND REPORT CAL.
May 10, 2011: 1ST REPORT CAL.557
Jan 5, 2011: REFERRED TO CODES

S946-2011 Meetings

Codes: Mar 13, 2012, Codes: May 10, 2011

S946-2011 Calendars

Active List: Apr 18, 2012 , Active List: Jun 1, 2011 , Floor Calendar: Mar 15, 2012 , Floor Calendar: Mar 19, 2012 , Floor Calendar: Mar 22, 2012 , Floor Calendar: Mar 26, 2012 , Floor Calendar: Mar 27, 2012 , Floor Calendar: Mar 30, 2012 , Floor Calendar: Apr 17, 2012 , Floor Calendar: May 11, 2011 , Floor Calendar: May 17, 2011 , Floor Calendar: May 23, 2011 , Floor Calendar: May 24, 2011 , Floor Calendar: May 25, 2011 , Floor Calendar: Jun 1, 2011

S946-2011 Votes

VOTE: COMMITTEE VOTE: - Codes - May 10, 2011

Ayes (14): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Duane, Huntley, Squadron, Espaillat
Ayes W/R (1): Perkins
Nays (1): Parker

VOTE: COMMITTEE VOTE: - Codes - Mar 13, 2012

Ayes (14): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Duane, Huntley, Squadron, Espaillat
Nays (2): Parker, Perkins

VOTE: FLOOR VOTE: - Apr 18, 2012

Ayes (56): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hassell-Thompson, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Nozzolio, O'Mara, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousins, Valesky, Young, Zeldin
Nays (2): Montgomery, Parker
Excused (3): Hannon, Huntley, Oppenheimer

S946-2011 Memo

BILL NUMBER:S946

TITLE OF BILL:
An act
to amend the penal law, in relation to including the theft of dogs
and cats within the crime of grand larceny in the fourth degree in
certain cases

PURPOSE:
This bill would include the theft of a "pet" within the
provisions of Grand Larceny in the Fourth Degree.

SUMMARY OF PROVISIONS:
Section 155.30 of the Penal
Law is amended by
adding a new subdivision 8-a which provides that a person is guilty
of grand larceny in the 4th degree (a class E felony)when he steals
property and when the property, regardless of its value, consists of
a pet which is taken from: (1) the person of the owner or of the
lawful custodian of such pet, or (2) the dwelling of the owner or
lawful custodian of such pet, or (3) any enclosure or yard contained
within the real property boundary line of such dwelling. Section
155.00 of the Penal Law is amended by adding a new subdivision 10
which provides that a "pet" means a licensed dog or a cat which is
harbored by the owner or lawful custodian of such dog or a cat in a
dwelling or within an enclosure or yard.

JUSTIFICATION:
Since the dollar value of the stolen property needed to
qualify for a felony larceny was raised to $1,000, police authorities
take only limited action on reported thefts of dogs and cats. It is
often very difficult to establish the value of a dog or cat,
particularly when the animal is not recovered. Even when the stolen
dog or cat is a pedigree, it is still difficult to place a dollar
amount on the animal because lineage is only one factor to be
considered when estimating value. In any event, it is impossible to
place a dollar value on the love and companionship provided by a pet.
This bill would rectify this situation.

LEGISLATIVE HISTORY:
1999-2008: Passed Senate
2009-2010: Senate Codes Committee

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first day of
November next succeeding the date on which it shall have become law.

S946-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                           946
 2011-2012 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 5, 2011
 
 Introduced  by  Sen.  MARCELLINO  -- 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  including  the  theft  of
 dogs  and  cats within the crime of grand larceny in the fourth degree
 in certain cases
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.

Section 155.00 of the penal law is amended by adding a new
 subdivision 10 to read as follows:

 10. "PET" MEANS A DOG OR A CAT WHICH  IS  HARBORED  BY  THE  OWNER  OR
 LAWFUL CUSTODIAN OF SUCH DOG OR CAT IN A DWELLING OR WITHIN AN ENCLOSURE
 OR  YARD  WHICH  IS  CONTAINED WITHIN THE REAL PROPERTY BOUNDARY LINE OF
 SUCH DWELLING.   FOR PURPOSES OF THIS  SUBDIVISION,  "HARBOR"  MEANS  TO
 PROVIDE FOOD AND SHELTER TO A DOG OR CAT.
 

S 2.

Section 155.30 of the penal law is amended by adding a new subdi
 vision 8-a to read as follows:

 8-A. THE PROPERTY, REGARDLESS OF ITS VALUE, CONSISTS OF A PET WHICH IS
 TAKEN  FROM  THE  PERSON OF THE OWNER OR OF THE LAWFUL CUSTODIAN OF SUCH
 PET, FROM THE DWELLING OF THE OWNER OR LAWFUL CUSTODIAN OF SUCH PET,  OR
 FROM  ANY  ENCLOSURE OR YARD CONTAINED WITHIN THE REAL PROPERTY BOUNDARY
 LINE OF SUCH DWELLING.
 

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.
 LBD04388-01-1

S946-2011: Includes the theft of dogs and cats within the crime of grand larceny in the fourth degree (a class E felony) in certain cases