S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6643
                                   I N  S E N A T E
                                   February 21, 2014
                                      ___________
       Introduced  by  Sen.  LANZA  -- 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,  360,  361,  362  and subdivision 8 of section 374 of the
         agriculture and markets law relating thereto
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.   Section 350 of the agriculture and markets law, as added
    2  by chapter 1047 of the laws of 1965, subdivision 3 as added  by  chapter
    3  619  of  the  laws of 1987, subdivision 4 as added by chapter 569 of the
    4  laws of 1995, subdivision 5 as amended by chapter 118  of  the  laws  of
    5  1999, is amended to read as follows:
    6    S 350. Definitions.  1. "Animal[,]", as used in this article, includes
    7  every living creature except a human being;
    8    2. ["Torture" or "cruelty"] "CRUELTY" includes every act, omission, or
    9  neglect, whereby unjustifiable physical  pain,  suffering  or  death  is
   10  caused  or  permitted AND SHALL SPECIFICALLY INCLUDE, BUT NOT BE LIMITED
   11  TO, ANY ACT OF OVERDRIVING, OVERLOADING, INJURING,  MAIMING,  MUTILATING
   12  OR KILLING AN ANIMAL.
   13    3.  "TORTURE" MEANS CONDUCT THAT IS INTENDED TO CAUSE EXTREME PHYSICAL
   14  PAIN.
   15    4. "Adoption" means the delivery [to any natural person eighteen years
   16  of age or older, for the limited purpose of harboring a pet, of any  dog
   17  or  cat,  seized  or  surrendered]  OF  ANY  ANIMAL FORFEITED, SEIZED OR
   18  SURRENDERED, TO ANY NATURAL PERSON EIGHTEEN YEARS OF AGE OR  OLDER,  FOR
   19  THE PURPOSE OF THAT PERSON PERMANENTLY HARBORING SUCH ANIMAL AS A PET.
   20    [4]5.    "Farm  animal",  as used in this article, means any ungulate,
   21  poultry, species of cattle, sheep, swine, goats, llamas, horses or  fur-
   22  bearing  animals,  as  defined  in  section 11-1907 of the environmental
   23  conservation  law,  which  are  raised  for  commercial  or  subsistence
   24  purposes.  Fur-bearing  animal, AS REFERENCED IN THIS ARTICLE, shall not
   25  include dogs or cats.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01445-12-4
       S. 6643                             2
    1    [5]6. "Companion animal" or "pet" means any dog or cat, and shall also
    2  mean any other domesticated animal normally maintained in  or  near  the
    3  household  of  the owner or person who cares for such other domesticated
    4  animal. ["Pet" or "companion] "COMPANION  animal"  OR  "PET"  shall  not
    5  include a "farm animal" as defined in this section.
    6    7.  "ANIMAL CRUELTY OFFENSE" MEANS ANY VIOLATION OF THIS ARTICLE OR OF
    7  ARTICLE TWO HUNDRED EIGHTY OF THE PENAL LAW, OR ANY OTHER  UNLAWFUL  ACT
    8  BY  WHICH  HARM  IS  INTENTIONALLY, KNOWINGLY, RECKLESSLY OR NEGLIGENTLY
    9  CAUSED OR PERMITTED TO OCCUR TO AN ANIMAL.
   10    8. "DULY  INCORPORATED  SOCIETY  FOR  THE  PREVENTION  OF  CRUELTY  TO
   11  ANIMALS,"  AS USED IN THIS ARTICLE, SHALL MEAN A CORPORATION CONSTITUTED
   12  PURSUANT TO THE PROVISIONS OF SUBDIVISION (G) OF  SECTION  FOUR  HUNDRED
   13  FOUR  AND  SECTION  FOURTEEN  HUNDRED THREE OF THE NOT-FOR-PROFIT CORPO-
   14  RATION LAW.
   15    S 2. Sections 351, 353, 353-a, 353-b, 353-d, 355, 360, 361 and 362  of
   16  the agriculture and markets law are REPEALED.
   17    S  3.    Section 365 of the agriculture and markets law, as amended by
   18  chapter 458 of the laws of 1985, is amended to read as follows:
   19    S 365. Clipping or cutting the ears of dogs. 1. Whoever clips or  cuts
   20  off  or  causes  or procures another to clip or cut off the whole or any
   21  part of an ear of any dog unless an anaesthetic shall have been given to
   22  the dog and the operation performed by a licensed veterinarian, is guil-
   23  ty of a misdemeanor, punishable by imprisonment for not  more  than  one
   24  year, or a fine of not more than one thousand dollars, or by both.
   25    2.  [The  provisions  of  this  section  shall not apply to any dog or
   26  person who is the owner or possessor of any dog  whose  ear  or  a  part
   27  thereof  has  been clipped or cut off prior to September first, nineteen
   28  hundred twenty-nine.
   29    3.] Each applicant for a dog license must state  on  such  application
   30  whether  any  ear  of  the dog for which he applies for such license has
   31  been cut off wholly or in part.
   32    [4.] 3. Nothing herein contained shall be construed as preventing  any
   33  dog  whose  ear  or ears shall have been clipped or cut off wholly or in
   34  part, not in violation of this section, from  being  imported  into  the
   35  state exclusively for breeding purposes.
   36    S  4.  Section  369  of the agriculture and markets law, as amended by
   37  chapter 458 of the laws of 1985, is amended to read as follows:
   38    S 369. Interference with officers. Any person who shall interfere with
   39  or obstruct any constable or police officer or any officer or  agent  of
   40  any  duly  incorporated society for the prevention of cruelty to animals
   41  in the discharge of his duty to enforce the laws  relating  to  animals,
   42  INCLUDING  THOSE  PROVISIONS  CONTAINED IN ARTICLE TWO HUNDRED EIGHTY OF
   43  THE PENAL LAW, shall be guilty of a misdemeanor, punishable by imprison-
   44  ment for not more than one year, or by a fine of not more than one thou-
   45  sand dollars, or by both.
   46    S 5. Section 371 of the agriculture and markets  law,  as  amended  by
   47  chapter 573 of the laws of 1978, is amended to read as follows:
   48    S 371. Powers  of  peace officers. A constable or police officer must,
   49  and any agent or officer  of  any  duly  incorporated  society  for  the
   50  prevention of cruelty to animals may issue an appearance ticket pursuant
   51  to  section  150.20 of the criminal procedure law, summon or arrest, and
   52  bring before a court  or  magistrate  having  jurisdiction,  any  person
   53  offending  against  any  of  the provisions of article twenty-six of the
   54  agriculture and markets law OR ANY PROVISIONS  OF  ARTICLE  TWO  HUNDRED
   55  EIGHTY  OF  THE PENAL LAW. Any officer or agent of any of said societies
   56  may lawfully interfere to prevent the perpetration of any act of cruelty
       S. 6643                             3
    1  upon any animal in his OR HER presence. Any of said societies may prefer
    2  a complaint before any court, tribunal or  magistrate  having  jurisdic-
    3  tion,  for the violation of any law relating to or affecting animals and
    4  may  aid  in presenting the law and facts before such court, tribunal or
    5  magistrate in any proceeding taken.
    6    S 6. Subdivision 6 of section 373 of the agriculture and markets  law,
    7  as  amended by chapter 256 of the laws of 1997, paragraph a and subpara-
    8  graph 1 of paragraph b as amended by chapter 531 of the  laws  of  2013,
    9  subparagraph  2  of  paragraph  b  as amended by section 24 of part T of
   10  chapter 59 of the laws of 2010, is amended to read as follows:
   11    6. a. If any animal is seized  [and]  OR  impounded  pursuant  to  the
   12  provisions of this section[, section three hundred fifty-three-d of this
   13  article]  or  section  three  hundred  seventy-five  of this article, OR
   14  PURSUANT TO THE PROVISIONS OF ARTICLE SIX HUNDRED NINETY OF THE CRIMINAL
   15  PROCEDURE LAW, for any violation of this article, ANY VIOLATION OF ARTI-
   16  CLE TWO HUNDRED EIGHTY OF THE PENAL  LAW,  OR  IN  CONNECTION  WITH  THE
   17  ARREST  ON AN ANIMAL CRUELTY OFFENSE, THEN, upon arraignment of charges,
   18  or within a reasonable time thereafter, [the] A duly incorporated socie-
   19  ty for the prevention of cruelty  to  animals,  humane  society,  pound,
   20  animal shelter, SHERIFF, MUNICIPAL POLICE DEPARTMENT, OR DISTRICT ATTOR-
   21  NEY,  or  any authorized agents thereof, hereinafter referred to for the
   22  purposes of this section as the "impounding organization",  may  file  a
   23  petition  with  the court requesting that the person from whom an animal
   24  is seized or the owner of the animal be ordered to post a security.  The
   25  district  attorney  prosecuting  the  charges  may  file  and obtain the
   26  requested relief on behalf of the impounding organization  if  requested
   27  to  do  so  by  the impounding organization. The security shall be in an
   28  amount sufficient to secure payment for all reasonable expenses expected
   29  to be incurred by the impounding organization in  caring  and  providing
   30  for  the  animal pending disposition of the charges. Reasonable expenses
   31  shall include, but not be limited to, estimated medical care and  board-
   32  ing  of the animal for at least thirty days. The amount of the security,
   33  if any, shall be determined by the court after taking into consideration
   34  all of the facts and circumstances of the case including, but not limit-
   35  ed to the recommendation of the impounding organization  having  custody
   36  and  care of the seized animal and the cost of caring for the animal. If
   37  a security has been posted in accordance with this section, the impound-
   38  ing organization may draw from the security the actual reasonable  costs
   39  to be incurred by such organization in caring for the seized animal.
   40    b.  (1)  Upon  receipt  of  a petition pursuant to paragraph a of this
   41  subdivision the court  shall  set  a  hearing  on  the  petition  to  be
   42  conducted  within  ten business days of the filing of such petition. The
   43  petitioner shall serve a true copy of the petition  upon  the  defendant
   44  and  the  district  attorney  if the district attorney has not filed the
   45  petition on behalf of the petitioner. The petitioner shall also serve  a
   46  true copy of the petition on any interested person. For purposes of this
   47  subdivision,  interested  person  shall mean an individual, partnership,
   48  firm, joint stock company, corporation, association,  trust,  estate  or
   49  other  legal entity who the court determines may have a pecuniary inter-
   50  est in the animal which is the subject of the petition.  The  petitioner
   51  or  the district attorney acting on behalf of the petitioner, shall have
   52  the burden of proving by a preponderance of the evidence that the person
   53  from whom the animal was seized violated a provision  of  this  article.
   54  The court may waive for good cause shown the posting of security.
   55    (2)  If the court orders the posting of a security, the security shall
   56  be posted with the clerk of the court within five business days  of  the
       S. 6643                             4
    1  hearing  provided  for  in subparagraph one of this paragraph. The court
    2  may order the immediate forfeiture of the seized animal to the  impound-
    3  ing  organization if the person ordered to post the security fails to do
    4  so. Any animal forfeited shall be made available for adoption or euthan-
    5  ized  subject to subdivision seven-a of section one hundred seventeen of
    6  this chapter or section three hundred seventy-four of this article.
    7    (3) In the case of an animal other than a companion animal or pet,  if
    8  a  person  ordered  to  post  security fails to do so, the court may, in
    9  addition to the forfeiture to  [a  duly  incorporated  society  for  the
   10  prevention  of cruelty to animals, humane society, pound, animal shelter
   11  or any authorized  agents  thereof]  THE  IMPOUNDING  ORGANIZATION,  and
   12  subject  to the restrictions of sections three hundred fifty-four, three
   13  hundred fifty-seven and three  hundred  seventy-four  of  this  article,
   14  order  the  animal which was the basis of the order to be sold, provided
   15  that all interested persons shall first be provided the  opportunity  to
   16  redeem  their interest in the animal and to purchase the interest of the
   17  person ordered to post security, subject to such conditions as the court
   18  deems appropriate to assure proper care and treatment of the animal. The
   19  court may reimburse the person ordered to post security and  any  inter-
   20  ested  persons any money earned by the sale of the animal less any costs
   21  including, but not limited to, veterinary and custodial care. Any animal
   22  determined by the court to be maimed, diseased, disabled or infirm so as
   23  to be unfit for sale or any useful purpose shall be forfeited to [a duly
   24  incorporated society for the prevention of cruelty to animals or a  duly
   25  incorporated  humane  society] THE IMPOUNDING ORGANIZATION or authorized
   26  agents thereof, and be available for adoption  or  shall  be  euthanized
   27  subject to section three hundred seventy-four of this article.
   28    (4) Nothing in this section shall be construed to limit or restrict in
   29  any  way the rights of a secured party having a security interest in any
   30  animal described in this section. This section expressly does not impair
   31  or subordinate the rights of such a secured  lender  having  a  security
   32  interest in the animal or in the proceeds from the sale of such animal.
   33    c.  In no event shall the security prevent the impounding organization
   34  having custody and care of the  animal  from  disposing  of  the  animal
   35  pursuant  to section three hundred seventy-four of this article prior to
   36  the expiration of the thirty day period covered by the security  if  the
   37  court  makes a determination of the charges against the person from whom
   38  the animal was seized prior thereto. Upon receipt of a petition from the
   39  impounding organization, the court may order the person  from  whom  the
   40  animal was seized or the owner of the animal to post an additional secu-
   41  rity  with  the  clerk  of  the  court  to  secure payment of reasonable
   42  expenses for an additional period of time pending a determination by the
   43  court of the charges against the person from whom the animal was seized.
   44  The person who posted the security shall be entitled to a refund of  the
   45  security in whole or part for any expenses not incurred by such impound-
   46  ing organization upon adjudication of the charges. The person who posted
   47  the security shall be entitled to a full refund of the security, includ-
   48  ing  reimbursement  by the impounding organization of any amount allowed
   49  by the court to be expended, and the return of  the  animal  seized  and
   50  impounded  upon  acquittal or dismissal of the charges, except where the
   51  dismissal is based upon an adjournment  in  contemplation  of  dismissal
   52  pursuant  to  section  215.30  of  the criminal procedure law. The court
   53  order directing such refund and reimbursement shall provide for  payment
   54  to  be  made within a reasonable time from the acquittal or dismissal of
   55  charges.
       S. 6643                             5
    1    S 7. Subdivision 8 of section 374 of the agriculture and  markets  law
    2  is REPEALED.
    3    S  8.  The  agriculture  and  markets  law  is amended by adding a new
    4  section 380 to read as follows:
    5    S 380. SPECIAL SENTENCING PROVISIONS.  IN ADDITION TO ANY OTHER PENAL-
    6  TY PROVIDED BY LAW, UPON CONVICTION FOR ANY ANIMAL CRUELTY OFFENSE,  THE
    7  FOLLOWING SENTENCES MAY BE IMPOSED BY THE COURT:
    8    1.  THE  CONVICTED  PERSON  MAY, AFTER A DULY HELD HEARING PURSUANT TO
    9  SUBDIVISION SIX OF THIS SECTION, BE ORDERED BY THE COURT TO  FORFEIT  TO
   10  AN ANIMAL SHELTER, POUND, SHERIFF, MUNICIPAL POLICE DEPARTMENT, DISTRICT
   11  ATTORNEY,  DULY  INCORPORATED  SOCIETY  FOR THE PREVENTION OF CRUELTY TO
   12  ANIMALS, OR DULY INCORPORATED HUMANE SOCIETY, OR AUTHORIZED AGENTS THER-
   13  EOF, THE ANIMAL OR ANIMALS WHICH ARE THE BASIS OF THE CONVICTION.   UPON
   14  SUCH  AN  ORDER  OF  FORFEITURE, THE CONVICTED PERSON SHALL BE DEEMED TO
   15  HAVE RELINQUISHED ALL RIGHTS TO THE ANIMALS WHICH ARE THE BASIS  OF  THE
   16  CONVICTION, EXCEPT THOSE GRANTED IN SUBDIVISION TWO OF THIS SECTION.
   17    2.  IN  THE  CASE  OF  FARM ANIMALS, THE COURT MAY, IN ADDITION TO THE
   18  FORFEITURE TO  AN  ANIMAL  SHELTER,  POUND,  SHERIFF,  MUNICIPAL  POLICE
   19  DEPARTMENT,   DISTRICT  ATTORNEY,  DULY  INCORPORATED  SOCIETY  FOR  THE
   20  PREVENTION OF CRUELTY TO ANIMALS, OR DULY INCORPORATED  HUMANE  SOCIETY,
   21  OR  AUTHORIZED  AGENTS  THEREOF,  AND  SUBJECT  TO  THE  RESTRICTIONS OF
   22  SECTIONS THREE HUNDRED FIFTY-FOUR AND THREE HUNDRED FIFTY-SEVEN OF  THIS
   23  ARTICLE,  ORDER  THE FARM ANIMALS WHICH WERE THE BASIS OF THE CONVICTION
   24  TO BE SOLD.  IN NO CASE SHALL FARM ANIMALS WHICH ARE THE  BASIS  OF  THE
   25  CONVICTION BE REDEEMED BY THE CONVICTED PERSON WHO IS THE SUBJECT OF THE
   26  ORDER  OF  FORFEITURE  OR  BY  ANY PERSON CHARGED WITH AN ANIMAL CRUELTY
   27  OFFENSE FOR CONSPIRING, AIDING, OR ABETTING IN THE  UNLAWFUL  ACT  WHICH
   28  WAS  THE  BASIS OF THE CONVICTION, OR OTHERWISE ACTING AS AN ACCOMPLICE,
   29  IF SUCH CHARGE HAS NOT YET BEEN ADJUDICATED. THE COURT  SHALL  REIMBURSE
   30  THE  CONVICTED PERSON AND ANY DULY DETERMINED INTERESTED PERSONS, PURSU-
   31  ANT TO SUBDIVISION SIX OF THIS SECTION, ANY MONEY EARNED BY THE SALE  OF
   32  THE  FARM  ANIMALS LESS ANY COSTS INCLUDING, BUT NOT LIMITED TO, VETERI-
   33  NARY AND CUSTODIAL CARE, AND ANY  FINES  OR  PENALTIES  IMPOSED  BY  THE
   34  COURT.  THE  COURT  MAY  ORDER THAT THE SUBJECT ANIMALS BE PROVIDED WITH
   35  APPROPRIATE CARE AND TREATMENT PENDING THE HEARING AND  THE  DISPOSITION
   36  OF  THE CHARGES. ANY FARM ANIMAL ORDERED FORFEITED BUT NOT SOLD SHALL BE
   37  REMANDED TO THE CUSTODY AND CHARGE OF AN ANIMAL SHELTER, POUND, SHERIFF,
   38  MUNICIPAL POLICE DEPARTMENT, DISTRICT ATTORNEY, DULY INCORPORATED SOCIE-
   39  TY FOR THE PREVENTION OF CRUELTY TO ANIMALS, OR DULY INCORPORATED HUMANE
   40  SOCIETY, OR AUTHORIZED AGENTS  THEREOF,  AND  DISPOSED  OF  PURSUANT  TO
   41  SUBDIVISION FIVE OF THIS SECTION.
   42    3.  THE  COURT  MAY  ORDER  THAT  THE  CONVICTED PERSON SHALL NOT OWN,
   43  HARBOR, OR HAVE CUSTODY OR CONTROL OF ANY OTHER ANIMALS, OTHER THAN FARM
   44  ANIMALS, FOR A PERIOD OF TIME  WHICH  THE  COURT  DEEMS  REASONABLE.  IN
   45  MAKING ITS DETERMINATION OF WHAT PERIOD OF TIME IS REASONABLE, THE COURT
   46  SHALL  TAKE INTO ACCOUNT THE TOTALITY OF THE CIRCUMSTANCES BEFORE IT AND
   47  BE BOUND TO NO SINGLE FACTOR. SUCH ORDER MUST BE IN WRITING AND  SPECIF-
   48  ICALLY STATE THE PERIOD OF TIME IMPOSED.
   49    4. NO DOG OR CAT IN THE CUSTODY OF A DULY INCORPORATED SOCIETY FOR THE
   50  PREVENTION OF CRUELTY TO ANIMALS, A DULY INCORPORATED HUMANE SOCIETY, OR
   51  A  POUND  OR  SHELTER,  OR  ITS  AUTHORIZED AGENTS, SHALL BE USED, SOLD,
   52  TRANSFERRED OR OTHERWISE MADE AVAILABLE TO ANY PERSON FOR THE PURPOSE OF
   53  RESEARCH, EXPERIMENTATION OR TESTING. NO  AUTHORIZED  AGENT  OF  A  DULY
   54  INCORPORATED  SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, NOR OF A
   55  DULY INCORPORATED HUMANE SOCIETY, SHALL USE ANY  ANIMAL  PLACED  IN  ITS
   56  CUSTODY  BY  THE DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY
       S. 6643                             6
    1  TO ANIMALS OR DULY  INCORPORATED  HUMANE  SOCIETY  FOR  THE  PURPOSE  OF
    2  RESEARCH, EXPERIMENTATION OR TESTING.
    3    5.  AN  ANIMAL  SHELTER,  POUND, SHERIFF, MUNICIPAL POLICE DEPARTMENT,
    4  DISTRICT ATTORNEY, OR DULY INCORPORATED SOCIETY FOR  THE  PREVENTION  OF
    5  CRUELTY  TO  ANIMALS  OR A DULY INCORPORATED HUMANE SOCIETY IN CHARGE OF
    6  ANIMALS FORFEITED PURSUANT TO SUBDIVISIONS ONE OR TWO  IF  THIS  SECTION
    7  MAY,  IN  ITS  DISCRETION, LAWFULLY AND WITHOUT LIABILITY, ADOPT THEM TO
    8  INDIVIDUALS OTHER THAN THE CONVICTED PERSON OR PERSON  CHARGED  WITH  AN
    9  ANIMAL  CRUELTY OFFENSE FOR CONSPIRING, AIDING OR ABETTING IN THE UNLAW-
   10  FUL ACT WHICH WAS THE BASIS OF THE CONVICTION, OR OTHERWISE ACTING AS AN
   11  ACCOMPLICE, IF SUCH CHARGE HAS NOT YET  BEEN  ADJUDICATED,  OR  HUMANELY
   12  DISPOSE  OF  THEM  SUBJECT TO SECTION THREE HUNDRED SEVENTY-FOUR OF THIS
   13  ARTICLE.
   14    6. (A) PRIOR TO AN ORDER OF FORFEITURE  OF  FARM  ANIMALS,  A  HEARING
   15  SHALL BE HELD WITHIN THIRTY DAYS OF CONVICTION, TO DETERMINE THE PECUNI-
   16  ARY  INTERESTS  OF  ANY  OTHER PERSON IN THE FARM ANIMALS WHICH WERE THE
   17  BASIS OF THE CONVICTION. WRITTEN NOTICE SHALL BE SERVED  AT  LEAST  FIVE
   18  DAYS  PRIOR  TO  THE  HEARING  UPON ALL INTERESTED PERSONS. IN ADDITION,
   19  NOTICE SHALL BE MADE BY PUBLICATION IN A LOCAL NEWSPAPER AT LEAST  SEVEN
   20  DAYS  PRIOR TO THE HEARING. FOR THE PURPOSES OF THIS SUBDIVISION, INTER-
   21  ESTED PERSONS SHALL MEAN ANY INDIVIDUAL, PARTNERSHIP, FIRM, JOINT  STOCK
   22  COMPANY,  CORPORATION, ASSOCIATION, TRUST, ESTATE, OR OTHER LEGAL ENTITY
   23  WHO THE COURT DETERMINES MAY HAVE  A  PECUNIARY  INTEREST  IN  THE  FARM
   24  ANIMALS WHICH ARE THE SUBJECT OF THE FORFEITURE ACTION.
   25    (B)  ALL  INTERESTED  PERSONS  SHALL BE PROVIDED AN OPPORTUNITY AT THE
   26  HEARING TO REDEEM THEIR INTEREST AS  DETERMINED  BY  THE  COURT  IN  THE
   27  SUBJECT  FARM  ANIMALS  AND  TO  PURCHASE  THE INTEREST OF THE CONVICTED
   28  PERSON. THE CONVICTED PERSON SHALL BE ENTITLED TO BE REIMBURSED  HIS  OR
   29  HER  INTEREST  IN  THE  FARM ANIMALS, LESS ANY COSTS, FINES OR PENALTIES
   30  IMPOSED BY THE  COURT,  AS  SPECIFIED  UNDER  SUBDIVISION  TWO  OF  THIS
   31  SECTION.  IN  NO  CASE  SHALL  THE COURT AWARD CUSTODY OR CONTROL OF THE
   32  ANIMALS TO ANY INTERESTED PERSON WHO CONSPIRED, AIDED OR ABETTED IN  THE
   33  UNLAWFUL  ACT  WHICH  WAS  THE  BASIS  OF THE CONVICTION, OR WHO KNEW OR
   34  SHOULD HAVE KNOWN OF THE UNLAWFUL ACT.
   35    7. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT OR RESTRICT  IN
   36  ANY  WAY THE RIGHTS OF A SECURED PARTY HAVING A SECURITY INTEREST IN ANY
   37  FARM ANIMAL DESCRIBED IN THIS SECTION. THIS SECTION EXPRESSLY  DOES  NOT
   38  IMPAIR OR SUBORDINATE THE RIGHTS OF SUCH A SECURED LENDER HAVING A SECU-
   39  RITY  INTEREST  IN FARM ANIMALS OR IN THE PROCEEDS FROM THE SALE OF SUCH
   40  FARM ANIMALS.
   41    S 9. The penal law is amended by adding a  new  title  Q  to  read  as
   42  follows:
   43                                   TITLE Q
   44                          OFFENSES AGAINST ANIMALS
   45                                 ARTICLE 280
   46                          OFFENSES AGAINST ANIMALS
   47  SECTION 280.00 DEFINITIONS.
   48          280.05 PROMOTING ANIMAL FIGHTING IN THE SECOND DEGREE.
   49          280.10 PROMOTING ANIMAL FIGHTING IN THE FIRST DEGREE.
   50          280.20 ANIMAL CRUELTY IN THE SECOND DEGREE.
   51          280.25 ANIMAL CRUELTY IN THE FIRST DEGREE.
   52          280.30 UNLAWFUL  DEALING WITH ANIMALS USED FOR RACING, BREEDING,
   53                   OR COMPETITIVE EXHIBITION OF SKILL, BREED OR STAMINA.
   54          280.35 ENDANGERING THE WELFARE OF ANIMALS.
   55          280.40 ANIMAL ABDUCTION IN THE THIRD DEGREE.
   56          280.45 ANIMAL ABDUCTION IN THE SECOND DEGREE.
       S. 6643                             7
    1          280.50 ANIMAL ABDUCTION IN THE FIRST DEGREE.
    2          280.55 UNAUTHORIZED POSSESSION OF ANIMAL PRESUMPTIVE EVIDENCE OF
    3                   RESTRAINT AND ABDUCTION.
    4          280.60 FAILURE  TO  PROVIDE  APPROPRIATE  SHELTER  FOR DOGS LEFT
    5                   OUTDOORS.
    6          280.65 CONFINEMENT OF COMPANION ANIMALS IN VEHICLES  IN  EXTREME
    7                   TEMPERATURES.
    8          280.70 LEAVING  NEW YORK STATE TO AVOID PROVISIONS OF THIS ARTI-
    9                   CLE.
   10          280.75 EVIDENTIARY AND IMPOUNDMENT PROCEDURES BY MEMBERS OF  LAW
   11                   ENFORCEMENT.
   12          280.80 SPECIAL SENTENCING PROVISIONS APPLICABLE.
   13  S 280.00 DEFINITIONS.
   14    THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS ARTICLE:
   15    1.  "ANIMAL,"  AS USED IN THIS ARTICLE, INCLUDES EVERY LIVING CREATURE
   16  EXCEPT A HUMAN BEING.
   17    2. "CRUELTY" INCLUDES EVERY ACT, OMISSION, OR NEGLECT,  WHEREBY  PHYS-
   18  ICAL  PAIN, SUFFERING OR DEATH IS CAUSED OR PERMITTED, AND SHALL SPECIF-
   19  ICALLY INCLUDE ANY ACT OF OVERDRIVING, OVERLOADING,  INJURING,  MAIMING,
   20  MUTILATING, OR KILLING OF AN ANIMAL.
   21    3.  "AGGRAVATED  CRUELTY" SHALL MEAN AN ACT OF CRUELTY THAT IS DONE OR
   22  CARRIED OUT IN AN ESPECIALLY DEPRAVED OR SADISTIC MANNER.
   23    4. "TORTURE" MEANS CONDUCT THAT IS INTENDED TO CAUSE EXTREME  PHYSICAL
   24  PAIN.
   25    5.  "ADOPTION"  MEANS THE DELIVERY OF ANY ANIMAL, FORFEITED, SEIZED OR
   26  SURRENDERED, TO ANY NATURAL PERSON EIGHTEEN YEARS OF AGE OR  OLDER,  FOR
   27  THE PURPOSE OF THAT PERSON PERMANENTLY HARBORING SUCH ANIMAL AS A PET.
   28    6.  "FARM  ANIMAL," AS USED IN THIS ARTICLE, MEANS ANY UNGULATE, POUL-
   29  TRY, SPECIES OF CATTLE, SHEEP, SWINE, GOATS, LLAMAS, HORSES OR FUR-BEAR-
   30  ING ANIMALS, AS DEFINED IN SECTION 11-1907 OF THE ENVIRONMENTAL  CONSER-
   31  VATION  LAW,  WHICH  ARE  RAISED FOR COMMERCIAL OR SUBSISTENCE PURPOSES.
   32  FUR-BEARING ANIMAL, AS REFERENCED IN THIS SUBDIVISION, SHALL NOT INCLUDE
   33  DOGS OR CATS.
   34    7. "COMPANION ANIMAL" OR "PET" MEANS ANY DOG OR CAT,  AND  SHALL  ALSO
   35  MEAN  ANY  OTHER  DOMESTICATED ANIMAL NORMALLY MAINTAINED IN OR NEAR THE
   36  HOUSEHOLD OF THE OWNER OR PERSON WHO CARES FOR SUCH  OTHER  DOMESTICATED
   37  ANIMAL. "COMPANION ANIMAL" OR "PET" SHALL NOT INCLUDE A "FARM ANIMAL" AS
   38  DEFINED IN THIS SECTION.
   39    8.  "ANIMAL FIGHTING" MEANS ANY FIGHT BETWEEN COCKS OR OTHER BIRDS, OR
   40  BETWEEN DOGS, BULLS, BEARS OR ANY OTHER ANIMALS,  OR  BETWEEN  ANY  SUCH
   41  ANIMAL AND A PERSON OR PERSONS, EXCEPT IN EXHIBITIONS OF A KIND COMMONLY
   42  FEATURED AT RODEOS, WHICH SERVES NO LEGITIMATE PURPOSE.
   43    9.  "ABANDONS,"  AS  USED IN THIS ARTICLE, MEANS ANY ACTION TAKEN THAT
   44  REFLECTS  WILLFUL  DEPARTURE  FROM  THE  OWNERSHIP,  POSSESSION,   CARE,
   45  CONTROL,  CHARGE  OR  CUSTODY  OF  AN  ANIMAL,  WITHOUT  MAKING ADEQUATE
   46  PROVISIONS FOR THE ANIMAL'S FUTURE CARE.
   47    10. "RESTRAIN" MEANS TO RESTRICT AN ANIMAL'S  MOVEMENTS  INTENTIONALLY
   48  AND  UNLAWFULLY  IN  SUCH  MANNER AS TO INTERFERE SUBSTANTIALLY WITH ITS
   49  LIBERTY BY MOVING IT FROM ONE PLACE  TO  ANOTHER,  OR  BY  CONFINING  IT
   50  EITHER  IN  THE  PLACE  WHERE THE RESTRICTION COMMENCES OR IN A PLACE TO
   51  WHICH IT HAS BEEN MOVED, WITH KNOWLEDGE THAT THE RESTRICTION  IS  UNLAW-
   52  FUL.
   53    11.  "ABDUCT"  MEANS  TO RESTRAIN AN ANIMAL WITH INTENT TO PREVENT ITS
   54  LIBERATION BY SECRETING OR HOLDING IT IN A PLACE WHERE IT IS NOT  LIKELY
   55  TO BE FOUND.
       S. 6643                             8
    1    12. "ANIMAL FIGHTING PARAPHERNALIA" SHALL MEAN EQUIPMENT, PRODUCTS, OR
    2  MATERIALS  OF  ANY KIND THAT ARE USED, INTENDED FOR USE, OR DESIGNED FOR
    3  USE IN THE TRAINING, PREPARATION, CONDITIONING OR FURTHERANCE OF  ANIMAL
    4  FIGHTING.  ANIMAL  FIGHTING PARAPHERNALIA INCLUDES (I) A BREAKING STICK,
    5  WHICH  MEANS  A DEVICE DESIGNED FOR INSERTION BEHIND THE MOLARS OF A DOG
    6  FOR THE PURPOSE OF BREAKING THE DOG'S GRIP ON ANOTHER ANIMAL OR  OBJECT;
    7  (II)  A  CAT  MILL,  WHICH  MEANS A DEVICE THAT ROTATES AROUND A CENTRAL
    8  SUPPORT WITH ONE ARM DESIGNED TO SECURE A DOG AND ONE  ARM  DESIGNED  TO
    9  SECURE A CAT, RABBIT, OR OTHER SMALL ANIMAL BEYOND THE GRASP OF THE DOG;
   10  (III)  A  TREADMILL,  WHICH  MEANS  AN  EXERCISE DEVICE CONSISTING OF AN
   11  ENDLESS BELT ON WHICH THE ANIMAL WALKS OR RUNS WITHOUT CHANGING  PLACES;
   12  (IV)  A SPRINGPOLE, WHICH MEANS A BITING SURFACE ATTACHED TO A STRETCHA-
   13  BLE DEVICE, SUSPENDED AT A HEIGHT  SUFFICIENT  TO  PREVENT  A  DOG  FROM
   14  REACHING  THE  BITING  SURFACE WHILE TOUCHING THE GROUND; (V) A FIGHTING
   15  PIT, WHICH MEANS A WALLED AREA, OR OTHERWISE DEFINED AREA,  DESIGNED  TO
   16  CONTAIN  AN ANIMAL FIGHT; (VI) ANY OTHER INSTRUMENT COMMONLY USED IN THE
   17  FURTHERANCE OF PITTING AN ANIMAL AGAINST ANOTHER ANIMAL.
   18  S 280.05 PROMOTING ANIMAL FIGHTING IN THE SECOND DEGREE.
   19    A PERSON IS GUILTY OF PROMOTING ANIMAL FIGHTING IN THE  SECOND  DEGREE
   20  WHEN SUCH PERSON:
   21    1.  OWNS, POSSESSES, OR KEEPS ANY ANIMAL UNDER ANY CIRCUMSTANCE EVINC-
   22  ING AN INTENT THAT SUCH ANIMAL ENGAGE IN ANIMAL FIGHTING; OR
   23    2. PAYS AN ADMISSION FEE, MAKES A WAGER, OR IS  OTHERWISE  PRESENT  AT
   24  ANY PLACE WHERE AN EXHIBITION OF ANIMAL FIGHTING IS BEING CONDUCTED, AND
   25  SUCH PERSON HAS KNOWLEDGE THAT SUCH AN EXHIBITION IS BEING CONDUCTED.
   26    3.  OWNS,  POSSESSES, SELLS, TRANSFERS OR MANUFACTURES ANIMAL FIGHTING
   27  PARAPHERNALIA UNDER  ANY  CIRCUMSTANCE  EVINCING  AN  INTENT  THAT  SUCH
   28  PARAPHERNALIA  BE  USED  TO ENGAGE IN OR OTHERWISE PROMOTE OR FACILITATE
   29  ANIMAL FIGHTING.
   30    PROMOTING ANIMAL FIGHTING IN THE SECOND DEGREE IS A CLASS A  MISDEMEA-
   31  NOR.
   32  S 280.10 PROMOTING ANIMAL FIGHTING IN THE FIRST DEGREE.
   33    A  PERSON  IS  GUILTY OF PROMOTING ANIMAL FIGHTING IN THE FIRST DEGREE
   34  WHEN SUCH PERSON:
   35    1. INTENTIONALLY CAUSES AN ANIMAL TO ENGAGE IN ANIMAL FIGHTING; OR
   36    2. TRAINS AN ANIMAL UNDER CIRCUMSTANCES EVINCING AN INTENT  THAT  SUCH
   37  ANIMAL ENGAGE IN ANIMAL FIGHTING; OR
   38    3.  BREEDS,  TRANSFERS,  SELLS,  OR  OFFERS  FOR  SALE AN ANIMAL UNDER
   39  CIRCUMSTANCES EVINCING AN INTENT  THAT  SUCH  ANIMAL  ENGAGE  IN  ANIMAL
   40  FIGHTING; OR
   41    4. PERMITS ANY ACT DESCRIBED IN SUBDIVISIONS ONE, TWO OR THREE OF THIS
   42  SECTION TO OCCUR ON PREMISES UNDER HIS OR HER CONTROL; OR
   43    5.  OWNS, POSSESSES, HARBORS, OR KEEPS ANY ANIMAL ON PREMISES WHERE AN
   44  EXHIBITION OF ANIMAL FIGHTING IS  BEING  CONDUCTED  UNDER  CIRCUMSTANCES
   45  EVINCING AN INTENT THAT SUCH ANIMAL ENGAGE IN ANIMAL FIGHTING.
   46    PROMOTING ANIMAL FIGHTING IN THE FIRST DEGREE IS A CLASS D FELONY.
   47  S 280.20 ANIMAL CRUELTY IN THE SECOND DEGREE.
   48    A PERSON IS GUILTY OF ANIMAL CRUELTY IN THE SECOND DEGREE WHEN:
   49    1.  HAVING  OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR CUSTODY OF
   50  AN ANIMAL, HE OR SHE DEPRIVES SUCH ANIMAL OF,  OR  NEGLECTS  TO  FURNISH
   51  SUCH  ANIMAL  WITH,  NUTRITION,  HYDRATION,  VETERINARY CARE, OR SHELTER
   52  ADEQUATE TO  MAINTAIN  THE  ANIMAL'S  HEALTH  AND  COMFORT,  OR  CAUSES,
   53  PROCURES, OR PERMITS SUCH ANIMAL TO BE DEPRIVED OF NUTRITION, HYDRATION,
   54  VETERINARY CARE, OR SHELTER ADEQUATE TO MAINTAIN THE ANIMAL'S HEALTH AND
   55  COMFORT,  AND  HE  OR SHE KNOWS OR REASONABLY SHOULD KNOW THAT THAT SUCH
       S. 6643                             9
    1  ANIMAL IS NOT RECEIVING ADEQUATE NUTRITION, HYDRATION, VETERINARY  CARE,
    2  OR SHELTER; OR
    3    2.  HAVING  OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR CUSTODY OF
    4  AN ANIMAL, HE OR SHE ABANDONS SUCH ANIMAL; OR
    5    3. HAVING NO JUSTIFIABLE PURPOSE,  HE  OR  SHE  KNOWINGLY  INSTIGATES,
    6  ENGAGES  IN,  OR  IN  ANY  WAY FURTHERS CRUELTY TO AN ANIMAL, OR ANY ACT
    7  TENDING TO PRODUCE SUCH CRUELTY; OR
    8    4. HAVING NO JUSTIFIABLE PURPOSE, HE OR SHE ADMINISTERS OR EXPOSES ANY
    9  POISONOUS OR NOXIOUS DRUG OR SUBSTANCE TO AN ANIMAL,  WITH  INTENT  THAT
   10  THE ANIMAL TAKE THE SAME AND WITH INTENT TO INJURE THE ANIMAL.
   11    NOTHING  CONTAINED  IN  THIS SECTION SHALL BE CONSTRUED TO PROHIBIT OR
   12  INTERFERE IN ANY WAY WITH ANYONE LAWFULLY ENGAGED IN HUNTING,  TRAPPING,
   13  OR FISHING, AS PROVIDED IN ARTICLE ELEVEN OF THE ENVIRONMENTAL CONSERVA-
   14  TION  LAW,  THE  DISPATCH  OF  RABID OR DISEASED ANIMALS, AS PROVIDED IN
   15  ARTICLE TWENTY-ONE OF THE PUBLIC HEALTH LAW, OR THE DISPATCH OF  ANIMALS
   16  POSING  A  THREAT TO HUMAN SAFETY OR OTHER ANIMALS, WHERE SUCH ACTION IS
   17  OTHERWISE  LEGALLY  AUTHORIZED.  NOTHING  HEREIN  CONTAINED   SHALL   BE
   18  CONSTRUED TO PROHIBIT OR INTERFERE WITH ANY PROPERLY CONDUCTED SCIENTIF-
   19  IC  TESTS,  EXPERIMENTS,  OR  INVESTIGATIONS INVOLVING THE USE OF LIVING
   20  ANIMALS, PERFORMED OR CONDUCTED IN LABORATORIES OR  INSTITUTIONS,  WHICH
   21  ARE APPROVED FOR THESE PURPOSES BY THE STATE COMMISSIONER OF HEALTH. THE
   22  STATE  COMMISSIONER OF HEALTH SHALL PRESCRIBE THE RULES UNDER WHICH SUCH
   23  APPROVALS SHALL BE GRANTED, INCLUDING THEREIN  STANDARDS  REGARDING  THE
   24  CARE  AND  TREATMENT  OF ANY SUCH ANIMALS. SUCH RULES SHALL BE PUBLISHED
   25  AND COPIES THEREOF CONSPICUOUSLY  POSTED  IN  EACH  SUCH  LABORATORY  OR
   26  INSTITUTION. THE STATE COMMISSIONER OF HEALTH OR HIS OR HER DULY AUTHOR-
   27  IZED REPRESENTATIVE SHALL HAVE THE POWER TO INSPECT SUCH LABORATORIES OR
   28  INSTITUTIONS  TO  INSURE  COMPLIANCE WITH SUCH RULES AND STANDARDS. EACH
   29  SUCH APPROVAL MAY BE REVOKED AT ANY TIME FOR FAILURE TO COMPLY WITH SUCH
   30  RULES AND IN ANY CASE THE APPROVAL SHALL BE  LIMITED  TO  A  PERIOD  NOT
   31  EXCEEDING ON YEAR.
   32    ANIMAL CRUELTY IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR.
   33  S 280.25 ANIMAL CRUELTY IN THE FIRST DEGREE.
   34    A PERSON IS GUILTY OF ANIMAL CRUELTY IN THE FIRST DEGREE WHEN:
   35    1. HAVING NO JUSTIFIABLE PURPOSE AND WITH INTENT TO CAUSE THE DEATH OF
   36  A COMPANION ANIMAL, HE OR SHE CAUSES THE DEATH OF SUCH ANIMAL; OR
   37    2.  HAVING  NO  JUSTIFIABLE  PURPOSE  AND WITH INTENT TO CAUSE SERIOUS
   38  PHYSICAL INJURY TO A COMPANION ANIMAL, HE OR SHE CAUSES SUCH  INJURY  TO
   39  SUCH ANIMAL; OR
   40    3.  HAVING NO JUSTIFIABLE PURPOSE, HE OR SHE INTENTIONALLY TORTURES AN
   41  ANIMAL OR KNOWINGLY INSTIGATES, ENGAGES IN,  OR  IN  ANY  WAYS  FURTHERS
   42  AGGRAVATED  CRUELTY  TO  AN  ANIMAL,  OR ANY ACT TENDING TO PRODUCE SUCH
   43  AGGRAVATED CRUELTY; OR
   44    4. COMMITS THE CRIME  OF  ANIMAL  CRUELTY  IN  THE  SECOND  DEGREE  IN
   45  VIOLATION OF SUBDIVISION FOUR OF SECTION 280.20 OF THIS ARTICLE AND SUCH
   46  ANIMAL IS A HORSE, MULE, OR DOMESTIC CATTLE; OR
   47    5.  COMMITS  THE  CRIME  OF  ANIMAL  CRUELTY  IN  THE SECOND DEGREE IN
   48  VIOLATION OF SECTION 280.20 OF THIS  ARTICLE  AND  HAS  PREVIOUSLY  BEEN
   49  CONVICTED,  WITHIN  THE  PRECEDING  TEN  YEARS, OF ANIMAL CRUELTY IN THE
   50  SECOND DEGREE.
   51    NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED  TO  PROHIBIT  OR
   52  INTERFERE  IN ANY WAY WITH ANYONE LAWFULLY ENGAGED IN HUNTING, TRAPPING,
   53  OR FISHING, AS PROVIDED IN ARTICLE ELEVEN OF THE ENVIRONMENTAL CONSERVA-
   54  TION LAW, THE DISPATCH OF RABID OR  DISEASED  ANIMALS,  AS  PROVIDED  IN
   55  ARTICLE  TWENTY-ONE  OF  THE  PUBLIC HEALTH LAW, THE DISPATCH OF ANIMALS
   56  POSING A THREAT TO HUMAN SAFETY OR OTHER ANIMALS, WHERE SUCH  ACTION  IS
       S. 6643                            10
    1  OTHERWISE  LEGALLY  AUTHORIZED,  OR  ANY  PROPERLY  CONDUCTED SCIENTIFIC
    2  TESTS, EXPERIMENTS,  OR  INVESTIGATIONS  INVOLVING  THE  USE  OF  LIVING
    3  ANIMALS, PERFORMED OR CONDUCTED IN LABORATORIES OR INSTITUTIONS APPROVED
    4  FOR  SUCH  PURPOSES  BY  THE  COMMISSIONER OF HEALTH PURSUANT TO SECTION
    5  280.20 OF THIS ARTICLE.
    6    ANIMAL CRUELTY IN THE FIRST DEGREE IS A CLASS D FELONY.
    7  S 280.30 UNLAWFUL DEALING WITH ANIMALS USED  FOR  RACING,  BREEDING,  OR
    8             COMPETITIVE EXHIBITION OF SKILL, BREED OR STAMINA.
    9    A  PERSON  IS GUILTY OF UNLAWFUL DEALING WITH ANIMALS USED FOR RACING,
   10  BREEDING, OR COMPETITIVE EXHIBITION OF SKILL,  BREED,  OR  STAMINA  WHEN
   11  SUCH PERSON:
   12    1.  COMMITS  THE  CRIME  OF  ANIMAL  CRUELTY  IN  THE SECOND DEGREE IN
   13  VIOLATION OF SECTION 280.20 OF THIS  ARTICLE,  AND  SUCH  ANIMAL  IS  AN
   14  ANIMAL  USED FOR THE PURPOSES OF RACING, BREEDING OR COMPETITIVE EXHIBI-
   15  TION OF SKILL, BREED, OR STAMINA; OR
   16    2. HAVING NO JUSTIFIABLE PURPOSE, HE OR SHE  TAMPERS  WITH  AN  ANIMAL
   17  USED  FOR THE PURPOSES OF RACING, BREEDING, OR COMPETITIVE EXHIBITION OF
   18  SKILL, BREED, OR STAMINA, OR OTHERWISE INTERFERES WITH  SUCH  AN  ANIMAL
   19  DURING A RACE OR COMPETITIVE EXHIBITION OF SKILL, BREED, OR STAMINA.
   20    UNLAWFUL DEALING WITH ANIMALS USED FOR RACING, BREEDING OR COMPETITIVE
   21  EXHIBITION OF SKILL, BREED OR STAMINA IS A CLASS E FELONY.
   22  S 280.35 ENDANGERING THE WELFARE OF ANIMALS.
   23    A  PERSON  IS  GUILTY OF ENDANGERING THE WELFARE OF ANIMALS WHEN, WITH
   24  THE INTENT TO CAUSE INJURY TO AN ANIMAL, OR RECKLESSLY CREATING  A  RISK
   25  THEREOF, SUCH PERSON:
   26    1.  CREATES  A  HAZARDOUS  OR  PHYSICALLY  OFFENSIVE CONDITION FOR ANY
   27  ANIMAL BY ANY ACT THAT SERVES NO LEGITIMATE PURPOSE; OR
   28    2. THROWS, DROPS OR PLACES, OR CAUSES TO BE THROWN, DROPPED OR  PLACED
   29  IN  A PUBLIC PLACE, A SUBSTANCE THAT MIGHT WOUND, DISABLE, OR INJURE ANY
   30  ANIMAL.
   31    ENDANGERING THE WELFARE OF ANIMALS IS A VIOLATION.
   32  S 280.40 ANIMAL ABDUCTION IN THE THIRD DEGREE.
   33    A PERSON IS GUILTY OF ANIMAL ABDUCTION IN THE THIRD DEGREE  WHEN  SUCH
   34  PERSON  RESTRAINS A COMPANION ANIMAL WITHOUT THE CONSENT OF THE INDIVID-
   35  UAL HAVING OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR CUSTODY  OVER
   36  SAID COMPANION ANIMAL.
   37    ANIMAL ABDUCTION IN THE THIRD DEGREE IS A CLASS B MISDEMEANOR.
   38  S 280.45 ANIMAL ABDUCTION IN THE SECOND DEGREE.
   39    A  PERSON IS GUILTY OF ANIMAL ABDUCTION IN THE SECOND DEGREE WHEN SUCH
   40  PERSON ABDUCTS A COMPANION ANIMAL WITHOUT THE CONSENT OF THE  INDIVIDUAL
   41  HAVING OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR CUSTODY OVER SAID
   42  COMPANION ANIMAL.
   43    ANIMAL ABDUCTION IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR.
   44  S 280.50 ANIMAL ABDUCTION IN THE FIRST DEGREE.
   45    A  PERSON  IS GUILTY OF ANIMAL ABDUCTION IN THE FIRST DEGREE WHEN SUCH
   46  PERSON ABDUCTS OR RESTRAINS A COMPANION ANIMAL WITHOUT  THE  CONSENT  OF
   47  THE  INDIVIDUAL  HAVING  OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR
   48  CUSTODY OVER SAID COMPANION ANIMAL, AND WHEN:
   49    1. SUCH PERSON'S INTENT IS TO COMPEL THE  PAYMENT  OR  DELIVERANCE  OF
   50  MONEY  OR  PROPERTY AS RANSOM, OR TO ENGAGE IN OTHER PARTICULAR CONDUCT,
   51  OR TO REFRAIN FROM ENGAGING IN PARTICULAR CONDUCT; OR
   52    2. SUCH PERSON CAUSES PHYSICAL INJURY TO THE COMPANION ANIMAL; OR
   53    3. THE COMPANION ANIMAL DIES DURING THE ABDUCTION OR BEFORE IT IS ABLE
   54  TO RETURN OR BE RETURNED TO SAFETY. SUCH DEATH SHALL  BE  PRESUMED  FROM
   55  EVIDENCE   THAT  THE  INDIVIDUAL  HAVING  OWNERSHIP,  POSSESSION,  CARE,
   56  CONTROL, CHARGE OR CUSTODY OVER SAID COMPANION ANIMAL DID  NOT  SEE  THE
       S. 6643                            11
    1  ANIMAL FOLLOWING THE TERMINATION OF THE ABDUCTION AND PRIOR TO TRIAL AND
    2  RECEIVED  NO  RELIABLE INFORMATION DURING SUCH PERIOD PERSUASIVELY INDI-
    3  CATING THAT SUCH ANIMAL WAS ALIVE.
    4    ANIMAL ABDUCTION IN THE FIRST DEGREE IS A CLASS D FELONY.
    5  S  280.55  UNAUTHORIZED  POSSESSION  OF  ANIMAL  PRESUMPTIVE EVIDENCE OF
    6             RESTRAINT AND ABDUCTION.
    7    THE UNAUTHORIZED POSSESSION OF A COMPANION ANIMAL BY ANY PERSON  WITH-
    8  OUT  THE  CONSENT  OF THE INDIVIDUAL HAVING OWNERSHIP, POSSESSION, CARE,
    9  CONTROL, CHARGE OR CUSTODY OVER SAID  COMPANION  ANIMAL,  FOR  A  PERIOD
   10  EXCEEDING  TEN DAYS, WITHOUT NOTIFYING EITHER SAID INDIVIDUAL, THE LOCAL
   11  POLICE AUTHORITIES, THE LOCAL MUNICIPAL SHELTER OR POUND, OR THE  SUPER-
   12  INTENDENT  OF  THE STATE POLICE AT ALBANY, NEW YORK, OF SUCH POSSESSION,
   13  SHALL BE PRESUMPTIVE EVIDENCE OF RESTRAINT AND ABDUCTION.
   14  S 280.60 FAILURE TO PROVIDE APPROPRIATE SHELTER FOR DOGS LEFT OUTDOORS.
   15    1. FOR PURPOSES OF THIS SECTION:
   16    (A) "PHYSICAL CONDITION" SHALL INCLUDE ANY SPECIAL MEDICAL NEEDS OF  A
   17  DOG  DUE TO DISEASE, ILLNESS, INJURY, AGE OR BREED ABOUT WHICH THE OWNER
   18  OR PERSON WITH CUSTODY OR CONTROL OF THE DOG SHOULD REASONABLY BE AWARE.
   19    (B) "INCLEMENT WEATHER" SHALL MEAN WEATHER CONDITIONS THAT ARE  LIKELY
   20  TO  ADVERSELY  AFFECT THE HEALTH OR SAFETY OF THE DOG, INCLUDING BUT NOT
   21  LIMITED TO RAIN, SLEET, ICE, SNOW, WIND, OR EXTREME HEAT AND COLD.
   22    (C) "DOGS THAT ARE LEFT OUTDOORS" SHALL MEAN DOGS THAT ARE OUTDOORS IN
   23  INCLEMENT WEATHER WITHOUT READY ACCESS TO, OR THE ABILITY  TO  ENTER,  A
   24  HOUSE,  APARTMENT  BUILDING,  OFFICE  BUILDING,  OR  ANY OTHER PERMANENT
   25  STRUCTURE THAT COMPLIES WITH THE STANDARDS ENUMERATED IN  PARAGRAPH  (B)
   26  OF SUBDIVISION THREE OF THIS SECTION.
   27    2.  (A) ANY PERSON WHO OWNS OR HAS CUSTODY OR CONTROL OF A DOG THAT IS
   28  LEFT OUTDOORS SHALL PROVIDE IT WITH SHELTER APPROPRIATE  TO  ITS  BREED,
   29  PHYSICAL CONDITION AND THE CLIMATE.
   30    (B)  BEGINNING  SEVENTY-TWO  HOURS  AFTER  A  CHARGE OF VIOLATING THIS
   31  SECTION, EACH DAY THAT A DEFENDANT FAILS TO CORRECT THE DEFICIENCIES  IN
   32  THE  DOG  SHELTER FOR A DOG THAT HE OR SHE OWNS OR THAT IS IN HIS OR HER
   33  CUSTODY OR CONTROL AND THAT IS LEFT OUTDOORS, SO AS  TO  BRING  IT  INTO
   34  COMPLIANCE  WITH THE PROVISIONS OF THIS SECTION SHALL CONSTITUTE A SEPA-
   35  RATE OFFENSE.
   36    3. MINIMUM STANDARDS FOR DETERMINING WHETHER SHELTER IS APPROPRIATE TO
   37  A DOG'S BREED, PHYSICAL CONDITION AND THE CLIMATE SHALL INCLUDE:
   38    (A) FOR DOGS THAT ARE RESTRAINED IN  ANY  MANNER  OUTDOORS,  SHADE  BY
   39  NATURAL  OR  ARTIFICIAL MEANS TO PROTECT THE DOG FROM DIRECT SUNLIGHT AT
   40  ALL TIMES WHEN EXPOSURE TO SUNLIGHT IS LIKELY TO THREATEN THE HEALTH  OF
   41  THE DOG.
   42    (B)  FOR ALL DOGS THAT ARE LEFT OUTDOORS IN INCLEMENT WEATHER, A HOUS-
   43  ING FACILITY, WHICH MUST: (1) HAVE A  WATERPROOF  ROOF;  (2)  BE  STRUC-
   44  TURALLY  SOUND  WITH INSULATION APPROPRIATE TO LOCAL CLIMATIC CONDITIONS
   45  AND SUFFICIENT TO  PROTECT  THE  DOG  FROM  INCLEMENT  WEATHER;  (3)  BE
   46  CONSTRUCTED  TO  ALLOW  EACH  DOG  ADEQUATE  FREEDOM OF MOVEMENT TO MAKE
   47  NORMAL POSTURAL ADJUSTMENTS, INCLUDING THE ABILITY  TO  STAND  UP,  TURN
   48  AROUND  AND  LIE  DOWN  WITH  ITS  LIMBS OUTSTRETCHED; AND (4) ALLOW FOR
   49  EFFECTIVE REMOVAL OF EXCRETIONS, OTHER WASTE MATERIAL; DIRT  AND  TRASH.
   50  THE  HOUSING  FACILITY  AND THE AREA IMMEDIATELY SURROUNDING IT SHALL BE
   51  REGULARLY CLEANED TO MAINTAIN A HEALTHY AND SANITARY ENVIRONMENT AND  TO
   52  MINIMIZE HEALTH HAZARDS.
   53    4.  INADEQUATE SHELTER MAY BE INDICATED BY THE APPEARANCE OF THE HOUS-
   54  ING FACILITY ITSELF, INCLUDING BUT  NOT  LIMITED  TO,  SIZE,  STRUCTURAL
   55  SOUNDNESS,  EVIDENCE  OF CROWDING WITHIN THE HOUSING FACILITY, HEALTHFUL
       S. 6643                            12
    1  ENVIRONMENT IN THE AREA IMMEDIATELY SURROUNDING SUCH FACILITY, OR BY THE
    2  APPEARANCE OR PHYSICAL CONDITION OF THE DOG.
    3    5.  UPON  A  FINDING OF ANY VIOLATION OF THIS SECTION, ANY DOG OR DOGS
    4  SEIZED PURSUANT TO THE PROVISIONS OF THIS ARTICLE  THAT  HAVE  NOT  BEEN
    5  VOLUNTARILY  SURRENDERED BY THE OWNER OR CUSTODIAN OR FORFEITED PURSUANT
    6  TO COURT ORDER SHALL BE RETURNED TO THE OWNER  OR  CUSTODIAN  ONLY  UPON
    7  PROOF  THAT  APPROPRIATE  SHELTER  AS  REQUIRED BY THIS SECTION IS BEING
    8  PROVIDED.
    9    6.  NOTHING  IN  THIS  SECTION  SHALL  BE  CONSTRUED  TO  AFFECT   ANY
   10  PROTECTIONS AFFORDED TO DOGS OR OTHER ANIMALS UNDER ANY OTHER PROVISIONS
   11  OF THIS ARTICLE.
   12    FAILURE  TO  PROVIDE  APPROPRIATE  SHELTER FOR DOGS LEFT OUTDOORS IS A
   13  VIOLATION.
   14  S 280.65 CONFINEMENT OF COMPANION ANIMALS IN VEHICLES IN EXTREME TEMPER-
   15             ATURES.
   16    1. A PERSON SHALL NOT CONFINE A COMPANION ANIMAL IN A MOTOR VEHICLE IN
   17  EXTREME HEAT OR COLD WITHOUT PROPER VENTILATION OR OTHER PROTECTION FROM
   18  SUCH EXTREME TEMPERATURES WHERE SUCH CONFINEMENT  PLACES  THE  COMPANION
   19  ANIMAL  IN  IMMINENT  DANGER  OF DEATH OR SERIOUS PHYSICAL INJURY DUE TO
   20  EXPOSURE TO SUCH EXTREME HEAT OR COLD.
   21    2. WHERE THE OPERATOR OF SUCH A VEHICLE CANNOT BE PROMPTLY LOCATED,  A
   22  POLICE  OFFICER, PEACE OFFICER, OR PEACE OFFICER ACTING AS AN AGENT OF A
   23  DULY INCORPORATED HUMANE SOCIETY MAY TAKE NECESSARY STEPS TO REMOVE  THE
   24  ANIMAL OR ANIMALS FROM THE VEHICLE.
   25    3.  POLICE OFFICERS, PEACE OFFICERS OR PEACE OFFICERS ACTING AS AGENTS
   26  OF A DULY INCORPORATED HUMANE SOCIETY REMOVING AN ANIMAL OR ANIMALS FROM
   27  A VEHICLE PURSUANT TO THIS SECTION SHALL PLACE A WRITTEN NOTICE ON OR IN
   28  THE VEHICLE, BEARING THE NAME OF THE OFFICER OR AGENT, AND  THE  DEPART-
   29  MENT OR AGENCY AND ADDRESS WHERE THE ANIMAL OR ANIMALS WILL BE TAKEN.
   30    4.  AN  ANIMAL  OR  ANIMALS  REMOVED  FROM  A VEHICLE PURSUANT TO THIS
   31  SECTION SHALL, AFTER  RECEIPT  OF  ANY  NECESSARY  EMERGENCY  VETERINARY
   32  TREATMENT, BE DELIVERED TO THE DULY INCORPORATED HUMANE SOCIETY OR SOCI-
   33  ETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, OR DESIGNATED AGENT THERE-
   34  OF, IN THE JURISDICTION WHERE THE ANIMAL OR ANIMALS WERE SEIZED.
   35    5. OFFICERS SHALL NOT BE HELD CRIMINALLY OR CIVILLY LIABLE FOR ACTIONS
   36  TAKEN  REASONABLY  AND  IN  GOOD FAITH IN CARRYING OUT THE PROVISIONS OF
   37  THIS SECTION.
   38    6. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO AFFECT  ANY
   39  OTHER   PROTECTIONS  AFFORDED  TO  COMPANION  ANIMALS  UNDER  ANY  OTHER
   40  PROVISIONS OF THIS ARTICLE.
   41    CONFINEMENT OF COMPANION ANIMALS IN VEHICLES IN  EXTREME  TEMPERATURES
   42  IS A VIOLATION.
   43  S 280.70 LEAVING NEW YORK STATE TO AVOID PROVISIONS OF THIS ARTICLE.
   44    A  PERSON  WHO  LEAVES  THIS  STATE  WITH  INTENT  TO ELUDE ANY OF THE
   45  PROVISIONS OF THIS ARTICLE OR TO COMMIT ANY ACT OUT OF THIS STATE  WHICH
   46  IS  PROHIBITED  BY THEM OR WHO, BEING A RESIDENT OF THIS STATE, DOES ANY
   47  ACT WITHOUT THIS STATE, PURSUANT TO SUCH INTENT, WHICH WOULD BE PUNISHA-
   48  BLE UNDER SUCH PROVISIONS, IF COMMITTED WITHIN THIS STATE, IS PUNISHABLE
   49  IN THE SAME MANNER AS IF SUCH ACT HAD BEEN COMMITTED WITHIN THIS STATE.
   50  S 280.75 EVIDENTIARY  AND  IMPOUNDMENT  PROCEDURES  BY  MEMBERS  OF  LAW
   51             ENFORCEMENT.
   52    MATTERS  RELATING  TO  THE  SEIZURE,  ADOPTION, CARE, DISPOSITION, AND
   53  DESTRUCTION OF ANIMALS BY MEMBERS OF LAW ENFORCEMENT AND  MEMBERS  OF  A
   54  DULY  INCORPORATED  SOCIETY  FOR  THE  PREVENTION  OF CRUELTY TO ANIMALS
   55  CHARGED TO ENFORCE THIS ARTICLE, ANCILLARY TO SUCH ENFORCEMENT  OF  THIS
   56  ARTICLE,  SHALL BE GOVERNED BY ARTICLE TWENTY-SIX OF THE AGRICULTURE AND
       S. 6643                            13
    1  MARKETS LAW AND ARTICLE SIX HUNDRED NINETY  OF  THE  CRIMINAL  PROCEDURE
    2  LAW.
    3  S 280.80 SPECIAL SENTENCING PROVISIONS APPLICABLE.
    4    IN  ADDITION  TO  ANY  OTHER  PENALTY  PROVIDED BY LAW, THE SENTENCING
    5  PROVISIONS CONTAINED IN SECTION THREE HUNDRED EIGHTY OF THE  AGRICULTURE
    6  AND MARKETS LAW SHALL BE APPLICABLE TO VIOLATIONS OF THIS ARTICLE.
    7    S  10.  The penal law is amended by adding a new section 60.22 to read
    8  as follows:
    9  S 60.22 AUTHORIZED DISPOSITIONS; PROMOTING ANIMAL FIGHTING.
   10    WHEN A PERSON IS CONVICTED OF AN OFFENSE DEFINED IN SECTION 280.05  OF
   11  THIS  CHAPTER,  IN  ADDITION  TO THE OTHER PENALTIES AS PROVIDED IN THIS
   12  CHAPTER, THE COURT MAY IMPOSE A FINE  WHICH  SHALL  NOT  EXCEED  FIFTEEN
   13  THOUSAND  DOLLARS.  WHEN  A PERSON IS CONVICTED OF AN OFFENSE DEFINED IN
   14  SECTION 280.10 OF THIS CHAPTER, THE COURT MAY IMPOSE A FINE WHICH  SHALL
   15  NOT EXCEED TWENTY-FIVE THOUSAND DOLLARS.
   16    S  11.  Paragraph  (c)  of subdivision 1 of section 70.02 of the penal
   17  law, as amended by chapter 1 of the laws of 2013, is amended to read  as
   18  follows:
   19    (c)  Class  D violent felony offenses: an attempt to commit any of the
   20  class C felonies set forth in paragraph (b); reckless assault of a child
   21  as defined in section 120.02, assault in the second degree as defined in
   22  section 120.05, menacing a police officer or peace officer as defined in
   23  section 120.18, stalking in the first degree, as defined in  subdivision
   24  one  of section 120.60, strangulation in the second degree as defined in
   25  section 121.12, rape in the second degree as defined in section  130.30,
   26  criminal  sexual  act in the second degree as defined in section 130.45,
   27  sexual abuse in the first degree as defined in section 130.65, course of
   28  sexual conduct against a child  in  the  second  degree  as  defined  in
   29  section  130.80,  aggravated sexual abuse in the third degree as defined
   30  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
   31  substance  as defined in section 130.90, criminal possession of a weapon
   32  in the third degree as defined in subdivision five, six,  seven,  eight,
   33  nine  or  ten of section 265.02, criminal sale of a firearm in the third
   34  degree as defined in section 265.11, intimidating a victim or witness in
   35  the second degree as defined in section 215.16, soliciting or  providing
   36  support  for  an  act  of  terrorism  in the second degree as defined in
   37  section 490.10, and making a terroristic threat as  defined  in  section
   38  490.20,  falsely reporting an incident in the first degree as defined in
   39  section 240.60, placing a false bomb or hazardous substance in the first
   40  degree as defined in section 240.62, placing a false bomb  or  hazardous
   41  substance  in a sports stadium or arena, mass transportation facility or
   42  enclosed shopping mall as defined in section  240.63,  [and]  aggravated
   43  unpermitted use of indoor pyrotechnics in the first degree as defined in
   44  section  405.18,  AND  ANIMAL  CRUELTY IN THE FIRST DEGREE AS DEFINED IN
   45  SUBDIVISION ONE, TWO OR THREE OF SECTION 280.25.
   46    S 12. Section 195.06 of the penal law, as added by chapter 42  of  the
   47  laws of 1986, is amended to read as follows:
   48  S 195.06 Killing or injuring a police animal.
   49    A  person  is  guilty of killing or injuring a police animal when such
   50  person intentionally kills or injures any animal while such animal is in
   51  the performance of its duties and under the supervision of a  police  or
   52  peace officer.
   53    Killing or injuring a police animal is a class [A misdemeanor] D FELO-
   54  NY.
   55    S  13. Section 195.11 of the penal law, as added by chapter 344 of the
   56  laws of 1989, is amended to read as follows:
       S. 6643                            14
    1  S 195.11 Harming an animal trained to aid a person with a disability  in
    2             the second degree.
    3    A person is guilty of harming an animal trained to aid a person with a
    4  disability  in  the  second degree when such person intentionally causes
    5  physical injury to such animal while it is in the performance of  aiding
    6  a person with a disability, and thereby renders such animal incapable of
    7  providing such aid to such person, or to another person with a disabili-
    8  ty.
    9    For  purposes  of this section and section 195.12 of this article, the
   10  term "disability" means "disability" as defined in  subdivision  twenty-
   11  one of section two hundred ninety-two of the executive law.
   12    Harming  an  animal  trained  to aid a person with a disability in the
   13  second degree is a class [B] A misdemeanor.
   14    S 14. Section 195.12 of the penal law, as added by chapter 344 of  the
   15  laws of 1989, is amended to read as follows:
   16  S  195.12 Harming an animal trained to aid a person with a disability in
   17             the first degree.
   18    A person is guilty of harming an animal trained to aid a person with a
   19  disability in the first degree when such person:
   20    1. intentionally causes physical injury to such animal while it is  in
   21  the  performance  of  aiding  a  person  with  a disability, and thereby
   22  renders such animal permanently incapable of providing such aid to  such
   23  person, or to another person with a disability; or
   24    2.  intentionally  kills such animal while it is in the performance of
   25  aiding a person with a disability.
   26    Harming an animal trained to aid a person with  a  disability  in  the
   27  first degree is a class [A misdemeanor] D FELONY.
   28    S  15. Section 265.01 of the penal law, as amended by chapter 1 of the
   29  laws of 2013, is amended to read as follows:
   30  S 265.01 Criminal possession of a weapon in the fourth degree.
   31    A person is guilty of criminal possession of a weapon  in  the  fourth
   32  degree when:
   33    (1)  He  or she possesses any firearm, electronic dart gun, electronic
   34  stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal
   35  knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles,
   36  metal knuckles, chuka stick, sand bag, sandclub, wrist-brace type sling-
   37  shot or slungshot, shirken or "Kung Fu star"; or
   38    (2) He OR SHE possesses any  dagger,  dangerous  knife,  dirk,  razor,
   39  stiletto,  imitation pistol, or any other dangerous or deadly instrument
   40  or weapon with intent to use the same unlawfully against another  PERSON
   41  OR ANIMAL; or
   42    [(3); or]
   43    (4)  He  OR  SHE  possesses  a  rifle, shotgun, antique firearm, black
   44  powder rifle, black powder shotgun, or any muzzle-loading  firearm,  and
   45  has been convicted of a felony or serious offense; or
   46    (5)  He  OR  SHE possesses any dangerous or deadly weapon and is not a
   47  citizen of the United States; or
   48    (6) He OR SHE is a person who  has  been  certified  not  suitable  to
   49  possess a rifle or shotgun, as defined in subdivision sixteen of section
   50  265.00,  and  refuses  to yield possession of such rifle or shotgun upon
   51  the demand of a police officer. Whenever a person is certified not suit-
   52  able to possess a rifle or shotgun, a member of the police department to
   53  which such certification is made, or of the state police,  shall  forth-
   54  with  seize  any  rifle  or shotgun possessed by such person. A rifle or
   55  shotgun seized as herein provided shall not be destroyed, but  shall  be
   56  delivered  to  the  headquarters  of  such  police  department, or state
       S. 6643                            15
    1  police, and there retained until  the  aforesaid  certificate  has  been
    2  rescinded  by  the director or physician in charge, or other disposition
    3  of such rifle or shotgun has been ordered or authorized by  a  court  of
    4  competent jurisdiction.
    5    (7)  He  OR  SHE  knowingly possesses a bullet containing an explosive
    6  substance designed to detonate upon impact.
    7    (8) He OR SHE possesses any armor piercing ammunition with  intent  to
    8  use same unlawfully against another.
    9    Criminal  possession  of  a  weapon  in the fourth degree is a class A
   10  misdemeanor.
   11    S 16. Severability clause. If any clause, sentence, paragraph,  subdi-
   12  vision,  section  or  part of this act shall be adjudged by any court of
   13  competent jurisdiction to be invalid, such judgment  shall  not  affect,
   14  impair,  or  invalidate  the remainder thereof, but shall be confined in
   15  its operation to the clause, sentence, paragraph,  subdivision,  section
   16  or part thereof directly involved in the controversy in which such judg-
   17  ment shall have been rendered. It is hereby declared to be the intent of
   18  the  legislature  that  this  act  would  have been enacted even if such
   19  invalid provisions had not been included herein.
   20    S 17. This act shall take effect on  the  one  hundred  eightieth  day
   21  after it shall have become a law.