Assembly Bill A2912

2015-2016 Legislative Session

Relates to attacks on service dogs

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-A2912 (ACTIVE) - Details

Current Committee:
Assembly Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §121, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1089
2011-2012: A4720
2013-2014: A2904
2017-2018: A5148
2019-2020: A3755

2015-A2912 (ACTIVE) - Summary

Relates to attacks on service dogs; provides for a penalty of $1000 for the attack on a service dog or user of such service dog and a fine of $2000 for an attack on both dog and user; also provides that if the attacking dog has previously been found to be a dangerous dog, then such fines shall be $2000 and $4000 respectively, and such may also be punishable with 90 days imprisonment.

2015-A2912 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2912

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced  by M. of A. McDONOUGH, MALLIOTAKIS -- read once and referred
  to the Committee on Agriculture

AN ACT to amend the agriculture and markets law, in relation to  attacks
  on service dogs and their users

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 121 of the agriculture and markets law  is  amended
by adding two new subdivisions 2-a and 2-b to read as follows:
  2-A.  THE OWNER OF A DOG WHO, THROUGH ANY ACT OR OMISSION, NEGLIGENTLY
PERMITS HIS OR HER DOG TO ATTACK AND INJURE ANY SERVICE DOG,  GUIDE  DOG
OR  HEARING  DOG,  OR  TO  BITE AND CAUSE SERIOUS PHYSICAL INJURY TO THE
PERSON USING SUCH SERVICE DOG,  GUIDE  DOG  OR  HEARING  DOG,  SHALL  BE
SUBJECT  TO  A CIVIL PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS IN ADDI-
TION TO ANY OTHER APPLICABLE PENALTIES. IF THE SERVICE DOG, GUIDE DOG OR
HEARING DOG, AND THE PERSON USING SUCH DOG ARE BOTH  INJURED,  THEN  THE
FINE  APPLICABLE  UNDER THIS SUBDIVISION SHALL BE INCREASED TO TWO THOU-
SAND DOLLARS. ANY SUCH PENALTY MAY BE REDUCED BY  ANY  AMOUNT  WHICH  IS
PAID  AS  RESTITUTION  BY  THE OWNER OF THE DOG TO THE PERSON OR PERSONS
SUFFERING SERIOUS  PHYSICAL  INJURY  AS  COMPENSATION  FOR  UNREIMBURSED
MEDICAL  EXPENSES,  LOST  EARNINGS AND OTHER DAMAGES RESULTING FROM SUCH
INJURY.
  2-B. THE OWNER OF A DOG WHO, THROUGH ANY ACT OR OMISSION,  NEGLIGENTLY
PERMITS  HIS  OR  HER  DOG,  WHICH  HAD PREVIOUSLY BEEN DETERMINED TO BE
DANGEROUS PURSUANT TO THIS ARTICLE, TO ATTACK  AND  INJURE  ANY  SERVICE
DOG,  GUIDE  DOG  OR  HEARING DOG, OR TO BITE AND CAUSE SERIOUS PHYSICAL
INJURY TO THE PERSON USING SUCH SERVICE DOG, GUIDE DOG OR  HEARING  DOG,
SHALL  BE  GUILTY OF A MISDEMEANOR PUNISHABLE BY A FINE OF NOT MORE THAN
TWO THOUSAND DOLLARS, OR BY A PERIOD OF IMPRISONMENT NOT TO EXCEED NINE-
TY DAYS, OR BY BOTH SUCH FINE AND IMPRISONMENT IN ADDITION TO ANY  OTHER
APPLICABLE PENALTIES. IF THE SERVICE DOG, GUIDE DOG, OR HEARING DOG, AND
THE  PERSON  USING  SUCH  DOG ARE BOTH INJURED, THEN THE FINE APPLICABLE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03480-01-5

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