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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.

Text

STATE OF NEW YORK
________________________________________________________________________

946

2011-2012 Regular Sessions

IN 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