S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6406
                                   I N  S E N A T E
                                   January 21, 2014
                                      ___________
       Introduced  by  Sen.  GRIFFO -- 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 INCLUDE BUT NOT BE LIMITED TO, ANY ACT OF
   11  OVERDRIVING, OVERLOADING, INJURING, MAIMING, MUTILATING  OR  KILLING  AN
   12  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.
                                                                  LBD01445-10-4
       S. 6406                             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. 6406                             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. 6406                             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. 6406                             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, A COURT MAY IMPOSE THE FOLLOWING  SENTENCES  UPON  A
    7  CONVICTION FOR ANY ANIMAL CRUELTY OFFENSE:
    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,  A  DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO
   12  ANIMALS OR A 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,  A  DULY  INCORPORATED  SOCIETY FOR THE
   20  PREVENTION OF CRUELTY TO ANIMALS OR A 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 WAS
   28  THE BASIS OF THE CONVICTION, OR OTHERWISE ACTING  AS  AN  ACCOMPLICE  IF
   29  SUCH  CHARGE HAS NOT YET BEEN ADJUDICATED. THE COURT SHALL REIMBURSE THE
   30  CONVICTED PERSON AND ANY DULY DETERMINED INTERESTED PERSONS, PURSUANT TO
   31  SUBDIVISION SIX OF THIS SECTION, ANY MONEY EARNED BY  THE  SALE  OF  THE
   32  FARM  ANIMALS  LESS  ANY COSTS INCLUDING, BUT NOT LIMITED TO, VETERINARY
   33  AND CUSTODIAL CARE, AND ANY FINES OR PENALTIES IMPOSED BY THE COURT. THE
   34  COURT MAY ORDER THAT THE SUBJECT ANIMALS BE  PROVIDED  WITH  APPROPRIATE
   35  CARE AND TREATMENT PENDING THE HEARING AND THE DISPOSITION OF THE CHARG-
   36  ES.  ANY FARM ANIMAL ORDERED FORFEITED BUT NOT SOLD SHALL BE REMANDED TO
   37  THE CUSTODY AND CHARGE OF AN ANIMAL SHELTER, POUND,  SHERIFF,  MUNICIPAL
   38  POLICE  DEPARTMENT,  DISTRICT  ATTORNEY, A DULY INCORPORATED SOCIETY FOR
   39  THE PREVENTION OF CRUELTY TO ANIMALS OR DULY INCORPORATED HUMANE SOCIETY
   40  OR ITS AUTHORIZED AGENT THEREOF AND DISPOSED OF PURSUANT TO  SUBDIVISION
   41  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
   50  THE PREVENTION OF CRUELTY TO ANIMALS, A DULY INCORPORATED HUMANE SOCIETY
   51  OR ITS AUTHORIZED AGENTS THEREOF, OR A POUND OR SHELTER, SHALL BE  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. 6406                             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, A 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 SUBDIVISION ONE OR  TWO  OF  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. 6406                             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 APPROPRIATE SHELTER FOR DOGS LEFT OUTDOORS.
    5          280.65 CONFINEMENT  OF  COMPANION  ANIMALS  IN VEHICLES; EXTREME
    6                   TEMPERATURES.
    7          280.70 LEAVING NEW YORK STATE TO AVOID PROVISIONS OF THIS  ARTI-
    8                   CLE.
    9          280.75 EVIDENTIARY  AND IMPOUNDMENT PROCEDURES BY MEMBERS OF LAW
   10                   ENFORCEMENT.
   11          280.80 SPECIAL SENTENCING PROVISIONS APPLICABLE.
   12  S 280.00 DEFINITIONS.
   13    THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS ARTICLE:
   14    1. "ANIMAL" INCLUDES EVERY LIVING CREATURE EXCEPT A HUMAN BEING.
   15    2. "CRUELTY" INCLUDES EVERY ACT, OMISSION, OR NEGLECT, WHEREBY  UNJUS-
   16  TIFIABLE  PHYSICAL  PAIN,  SUFFERING OR DEATH IS CAUSED OR PERMITTED AND
   17  SHALL INCLUDE BUT NOT BE LIMITED TO, ANY ACT OF  OVERDRIVING,  OVERLOAD-
   18  ING, INJURING, MAIMING, MUTILATING, OR KILLING AN ANIMAL.
   19    3.  "AGGRAVATED  CRUELTY" SHALL MEAN AN ACT OF CRUELTY THAT IS DONE OR
   20  CARRIED OUT IN A DEPRAVED OR SADISTIC MANNER.
   21    4. "TORTURE" MEANS CONDUCT THAT IS INTENDED TO CAUSE EXTREME PAIN.
   22    5. "ADOPTION" MEANS THE DELIVERY OF ANY ANIMAL, SEIZED OR SURRENDERED,
   23  TO ANY NATURAL PERSON EIGHTEEN YEARS OF AGE OR OLDER,  FOR  THE  LIMITED
   24  PURPOSE OF HARBORING SUCH ANIMAL AS A PET.
   25    6.  "FARM  ANIMAL"  MEANS  ANY  UNGULATE,  POULTRY, SPECIES OF CATTLE,
   26  SHEEP, SWINE, GOATS, LLAMAS, HORSES OR FUR-BEARING ANIMALS,  AS  DEFINED
   27  IN  SECTION  11-1907  OF  THE  ENVIRONMENTAL CONSERVATION LAW, WHICH ARE
   28  RAISED FOR COMMERCIAL  OR  SUBSISTENCE  PURPOSES.  "FUR-BEARING  ANIMAL"
   29  SHALL NOT INCLUDE DOGS OR CATS.
   30    7.  "COMPANION  ANIMAL"  OR "PET" MEANS ANY DOG OR CAT, AND SHALL ALSO
   31  MEAN ANY OTHER DOMESTICATED ANIMAL NORMALLY MAINTAINED IN  OR  NEAR  THE
   32  HOUSEHOLD  OF  THE OWNER OR PERSON WHO CARES FOR SUCH OTHER DOMESTICATED
   33  ANIMAL. "COMPANION ANIMAL" OR "PET" SHALL NOT INCLUDE A "FARM ANIMAL" AS
   34  DEFINED IN THIS SECTION.
   35    8. "ANIMAL FIGHTING" SHALL MEAN  ANY  FIGHT  BETWEEN  COCKS  OR  OTHER
   36  BIRDS,  OR  BETWEEN  DOGS, BULLS, BEARS OR ANY OTHER ANIMALS, OR BETWEEN
   37  ANY SUCH ANIMAL AND A PERSON OR PERSONS, EXCEPT IN EXHIBITIONS OF A KIND
   38  COMMONLY FEATURED AT RODEOS.
   39    9. "ABANDONS" MEANS ANY ACTION TAKEN THAT REFLECTS  WILLFUL  DEPARTURE
   40  FROM  THE  OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR CUSTODY OF AN
   41  ANIMAL, WITHOUT MAKING ADEQUATE PROVISIONS FOR THE ANIMAL'S FUTURE CARE.
   42    10. "RESTRAIN" MEANS TO RESTRICT AN ANIMAL'S  MOVEMENTS  INTENTIONALLY
   43  AND  UNLAWFULLY  IN  SUCH  MANNER AS TO INTERFERE SUBSTANTIALLY WITH ITS
   44  LIBERTY BY MOVING IT FROM ONE PLACE  TO  ANOTHER,  OR  BY  CONFINING  IT
   45  EITHER  IN  THE  PLACE  WHERE THE RESTRICTION COMMENCES OR IN A PLACE TO
   46  WHICH IT HAS BEEN MOVED, WITH KNOWLEDGE THAT THE RESTRICTION  IS  UNLAW-
   47  FUL.
   48    11.  "ABDUCT"  MEANS  TO RESTRAIN AN ANIMAL WITH INTENT TO PREVENT ITS
   49  LIBERATION BY SECRETING OR HOLDING IT IN A PLACE WHERE IT IS NOT  LIKELY
   50  TO BE FOUND.
   51    12. "ANIMAL FIGHTING PARAPHERNALIA" SHALL MEAN EQUIPMENT, PRODUCTS, OR
   52  MATERIALS  OF  ANY KIND THAT ARE USED, INTENDED FOR USE, OR DESIGNED FOR
   53  USE IN THE TRAINING, PREPARATION, CONDITIONING OR FURTHERANCE OF  ANIMAL
   54  FIGHTING. ANIMAL FIGHTING PARAPHERNALIA INCLUDES:  (I) A BREAKING STICK,
   55  WHICH  MEANS  A DEVICE DESIGNED FOR INSERTION BEHIND THE MOLARS OF A DOG
   56  FOR THE PURPOSE OF BREAKING THE DOG'S GRIP ON ANOTHER ANIMAL OR  OBJECT;
       S. 6406                             8
    1  (II)  A  CAT  MILL,  WHICH  MEANS A DEVICE THAT ROTATES AROUND A CENTRAL
    2  SUPPORT WITH ONE ARM DESIGNED TO SECURE A DOG AND ONE  ARM  DESIGNED  TO
    3  SECURE A CAT, RABBIT, OR OTHER SMALL ANIMAL BEYOND THE GRASP OF THE DOG;
    4  (III)  A  TREADMILL,  WHICH  MEANS  AN  EXERCISE DEVICE CONSISTING OF AN
    5  ENDLESS BELT ON WHICH THE ANIMAL WALKS OR RUNS WITHOUT CHANGING  PLACES;
    6  (IV)  A SPRINGPOLE, WHICH MEANS A BITING SURFACE ATTACHED TO A STRETCHA-
    7  BLE DEVICE, SUSPENDED AT A HEIGHT  SUFFICIENT  TO  PREVENT  A  DOG  FROM
    8  REACHING  THE  BITING  SURFACE WHILE TOUCHING THE GROUND; (V) A FIGHTING
    9  PIT, WHICH MEANS A WALLED AREA, OR OTHERWISE DEFINED AREA,  DESIGNED  TO
   10  CONTAIN  AN ANIMAL FIGHT; AND (VI) ANY OTHER INSTRUMENT COMMONLY USED IN
   11  THE FURTHERANCE OF PITTING AN ANIMAL AGAINST ANOTHER ANIMAL.
   12  S 280.05 PROMOTING ANIMAL FIGHTING IN THE SECOND DEGREE.
   13    A PERSON IS GUILTY OF PROMOTING ANIMAL FIGHTING IN THE  SECOND  DEGREE
   14  WHEN SUCH PERSON:
   15   1. OWNS, POSSESSES, OR KEEPS ANY ANIMAL UNDER ANY CIRCUMSTANCE EVINCING
   16  AN INTENT THAT SUCH ANIMAL ENGAGE IN ANIMAL FIGHTING; OR
   17    2.  PAYS  AN  ADMISSION FEE, MAKES A WAGER, OR IS OTHERWISE PRESENT AT
   18  ANY PLACE WHERE AN EXHIBITION OF ANIMAL FIGHTING IS BEING CONDUCTED, AND
   19  SUCH PERSON HAS KNOWLEDGE THAT SUCH AN EXHIBITION IS BEING CONDUCTED.
   20    3. OWNS, POSSESSES, SELLS, TRANSFERS OR MANUFACTURES  ANIMAL  FIGHTING
   21  PARAPHERNALIA  UNDER  ANY  CIRCUMSTANCE  EVINCING  AN  INTENT  THAT SUCH
   22  PARAPHERNALIA BE USED TO ENGAGE IN OR OTHERWISE  PROMOTE  OR  FACILITATE
   23  ANIMAL FIGHTING.
   24    PROMOTING  ANIMAL FIGHTING IN THE SECOND DEGREE IS A CLASS A MISDEMEA-
   25  NOR.
   26  S 280.10 PROMOTING ANIMAL FIGHTING IN THE FIRST DEGREE.
   27    A PERSON IS GUILTY OF PROMOTING ANIMAL FIGHTING IN  THE  FIRST  DEGREE
   28  WHEN SUCH PERSON:
   29    1. INTENTIONALLY CAUSES AN ANIMAL TO ENGAGE IN ANIMAL FIGHTING; OR
   30    2.  TRAINS  AN ANIMAL UNDER CIRCUMSTANCES EVINCING AN INTENT THAT SUCH
   31  ANIMAL ENGAGE IN ANIMAL FIGHTING; OR
   32    3. BREEDS, TRANSFERS, SELLS OR OFFERS FOR SALE AN ANIMAL UNDER CIRCUM-
   33  STANCES EVINCING AN INTENT THAT SUCH ANIMAL ENGAGE IN  ANIMAL  FIGHTING;
   34  OR
   35    4.  PERMITS ANY ACT DESCRIBED IN SUBDIVISION ONE, TWO OR THREE OF THIS
   36  SECTION TO OCCUR ON PREMISES UNDER HIS OR HER CONTROL; OR
   37    5. OWNS, POSSESSES OR KEEPS ANY ANIMAL ON PREMISES WHERE AN EXHIBITION
   38  OF ANIMAL FIGHTING IS BEING CONDUCTED UNDER  CIRCUMSTANCES  EVINCING  AN
   39  INTENT THAT SUCH ANIMAL ENGAGE IN ANIMAL FIGHTING.
   40    PROMOTING ANIMAL FIGHTING IN THE FIRST DEGREE IS A CLASS D FELONY.
   41  S 280.20 ANIMAL CRUELTY IN THE SECOND DEGREE.
   42    A PERSON IS GUILTY OF ANIMAL CRUELTY IN THE SECOND DEGREE WHEN:
   43    1.  HAVING  OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR CUSTODY OF
   44  AN ANIMAL, HE OR SHE DEPRIVES SUCH ANIMAL OF,  OR  NEGLECTS  TO  FURNISH
   45  SUCH  ANIMAL  WITH,  NUTRITION,  HYDRATION,  VETERINARY CARE, OR SHELTER
   46  ADEQUATE TO  MAINTAIN  THE  ANIMAL'S  HEALTH  AND  COMFORT,  OR  CAUSES,
   47  PROCURES, OR PERMITS SUCH ANIMAL TO BE DEPRIVED OF NUTRITION, HYDRATION,
   48  VETERINARY CARE, OR SHELTER ADEQUATE TO MAINTAIN THE ANIMAL'S HEALTH AND
   49  COMFORT,  AND HE OR SHE KNOWS OR REASONABLY SHOULD KNOW THAT SUCH ANIMAL
   50  IS NOT RECEIVING ADEQUATE NUTRITION, HYDRATION, VETERINARY CARE OR SHEL-
   51  TER; OR
   52    2. HAVING OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR  CUSTODY  OF
   53  AN ANIMAL, HE OR SHE ABANDONS SUCH ANIMAL; OR
   54    3.  HAVING  NO  JUSTIFIABLE  PURPOSE,  HE OR SHE KNOWINGLY INSTIGATES,
   55  ENGAGES IN, OR IN ANY WAY FURTHERS CRUELTY TO  AN  ANIMAL,  OR  ANY  ACT
   56  TENDING TO PRODUCE SUCH CRUELTY; OR
       S. 6406                             9
    1    4. HAVING NO JUSTIFIABLE PURPOSE, HE OR SHE ADMINISTERS OR EXPOSES ANY
    2  POISONOUS  OR  NOXIOUS  DRUG OR SUBSTANCE TO AN ANIMAL, WITH INTENT THAT
    3  THE ANIMAL TAKE THE SAME AND WITH INTENT TO INJURE THE ANIMAL.
    4    NOTHING  CONTAINED  IN  THIS SECTION SHALL BE CONSTRUED TO PROHIBIT OR
    5  INTERFERE IN ANY WAY WITH ANYONE LAWFULLY ENGAGED IN HUNTING,  TRAPPING,
    6  OR FISHING, AS PROVIDED IN ARTICLE ELEVEN OF THE ENVIRONMENTAL CONSERVA-
    7  TION  LAW,  THE  DISPATCH  OF  RABID OR DISEASED ANIMALS, AS PROVIDED IN
    8  ARTICLE TWENTY-ONE OF THE PUBLIC HEALTH LAW, OR THE DISPATCH OF  ANIMALS
    9  POSING  A  THREAT TO HUMAN SAFETY OR OTHER ANIMALS, WHERE SUCH ACTION IS
   10  OTHERWISE  LEGALLY  AUTHORIZED.  NOTHING  HEREIN  CONTAINED   SHALL   BE
   11  CONSTRUED TO PROHIBIT OR INTERFERE WITH ANY PROPERLY CONDUCTED SCIENTIF-
   12  IC  TESTS,  EXPERIMENTS,  OR  INVESTIGATIONS INVOLVING THE USE OF LIVING
   13  ANIMALS, PERFORMED OR CONDUCTED IN LABORATORIES OR  INSTITUTIONS,  WHICH
   14  ARE APPROVED FOR THESE PURPOSES BY THE STATE COMMISSIONER OF HEALTH. THE
   15  STATE  COMMISSIONER OF HEALTH SHALL PRESCRIBE THE RULES UNDER WHICH SUCH
   16  APPROVALS SHALL BE GRANTED, INCLUDING THEREIN  STANDARDS  REGARDING  THE
   17  CARE  AND  TREATMENT  OF ANY SUCH ANIMALS. SUCH RULES SHALL BE PUBLISHED
   18  AND COPIES THEREOF CONSPICUOUSLY  POSTED  IN  EACH  SUCH  LABORATORY  OR
   19  INSTITUTION. THE STATE COMMISSIONER OF HEALTH OR HIS OR HER DULY AUTHOR-
   20  IZED REPRESENTATIVE SHALL HAVE THE POWER TO INSPECT SUCH LABORATORIES OR
   21  INSTITUTIONS  TO  INSURE  COMPLIANCE WITH SUCH RULES AND STANDARDS. EACH
   22  SUCH APPROVAL MAY BE REVOKED AT ANY TIME FOR FAILURE TO COMPLY WITH SUCH
   23  RULES AND IN ANY CASE THE APPROVAL SHALL BE  LIMITED  TO  A  PERIOD  NOT
   24  EXCEEDING ONE YEAR.
   25    ANIMAL CRUELTY IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR.
   26  S 280.25 ANIMAL CRUELTY IN THE FIRST DEGREE.
   27    A PERSON IS GUILTY OF ANIMAL CRUELTY IN THE FIRST DEGREE WHEN:
   28    1. HAVING NO JUSTIFIABLE PURPOSE AND WITH INTENT TO CAUSE THE DEATH OF
   29  A COMPANION ANIMAL, HE OR SHE CAUSES THE DEATH OF SUCH ANIMAL; OR
   30    2.  HAVING  NO  JUSTIFIABLE  PURPOSE  AND WITH INTENT TO CAUSE SERIOUS
   31  PHYSICAL INJURY TO A COMPANION ANIMAL, HE OR SHE CAUSES SUCH  INJURY  TO
   32  SUCH ANIMAL; OR
   33    3.  HAVING NO JUSTIFIABLE PURPOSE, HE OR SHE INTENTIONALLY TORTURES AN
   34  ANIMAL OR KNOWINGLY INSTIGATES, ENGAGES  IN,  OR  IN  ANY  WAY  FURTHERS
   35  AGGRAVATED  CRUELTY  TO  AN  ANIMAL,  OR ANY ACT TENDING TO PRODUCE SUCH
   36  AGGRAVATED CRUELTY; OR
   37    4. COMMITS THE CRIME  OF  ANIMAL  CRUELTY  IN  THE  SECOND  DEGREE  IN
   38  VIOLATION OF SUBDIVISION FOUR OF SECTION 280.20 OF THIS ARTICLE AND SUCH
   39  ANIMAL IS A HORSE, MULE, OR DOMESTIC CATTLE; OR
   40    5.  COMMITS  THE  CRIME  OF  ANIMAL  CRUELTY  IN  THE SECOND DEGREE IN
   41  VIOLATION OF SECTION 280.20 OF THIS  ARTICLE  AND  HAS  PREVIOUSLY  BEEN
   42  CONVICTED,  WITHIN  THE  PRECEDING  TEN  YEARS, OF ANIMAL CRUELTY IN THE
   43  SECOND DEGREE.
   44    NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED  TO  PROHIBIT  OR
   45  INTERFERE  IN ANY WAY WITH ANYONE LAWFULLY ENGAGED IN HUNTING, TRAPPING,
   46  OR FISHING, AS PROVIDED IN ARTICLE ELEVEN OF THE ENVIRONMENTAL CONSERVA-
   47  TION LAW, THE DISPATCH OF RABID OR  DISEASED  ANIMALS,  AS  PROVIDED  IN
   48  ARTICLE  TWENTY-ONE OF THE PUBLIC HEALTH LAW, OR THE DISPATCH OF ANIMALS
   49  POSING A THREAT TO HUMAN SAFETY OR OTHER ANIMALS, WHERE SUCH  ACTION  IS
   50  OTHERWISE  LEGALLY  AUTHORIZED,  OR  ANY  PROPERLY  CONDUCTED SCIENTIFIC
   51  TESTS, EXPERIMENTS,  OR  INVESTIGATIONS  INVOLVING  THE  USE  OF  LIVING
   52  ANIMALS, PERFORMED OR CONDUCTED IN LABORATORIES OR INSTITUTIONS APPROVED
   53  FOR  SUCH  PURPOSES  BY  THE  COMMISSIONER OF HEALTH PURSUANT TO SECTION
   54  280.20 OF THIS ARTICLE.
   55    ANIMAL CRUELTY IN THE FIRST DEGREE IS A CLASS D FELONY.
       S. 6406                            10
    1  S 280.30 UNLAWFUL DEALING WITH ANIMALS USED  FOR  RACING,  BREEDING,  OR
    2             COMPETITIVE EXHIBITION OF SKILL, BREED OR STAMINA.
    3    A  PERSON  IS GUILTY OF UNLAWFUL DEALING WITH ANIMALS USED FOR RACING,
    4  BREEDING, OR COMPETITIVE EXHIBITION OF SKILL,  BREED,  OR  STAMINA  WHEN
    5  SUCH PERSON:
    6    1.  COMMITS  THE  CRIME  OF  ANIMAL  CRUELTY  IN  THE SECOND DEGREE IN
    7  VIOLATION OF SECTION 280.20 OF THIS  ARTICLE,  AND  SUCH  ANIMAL  IS  AN
    8  ANIMAL  USED FOR THE PURPOSES OF RACING, BREEDING OR COMPETITIVE EXHIBI-
    9  TION OF SKILL, BREED, OR STAMINA; OR
   10    2. HAVING NO JUSTIFIABLE PURPOSE, HE OR SHE  TAMPERS  WITH  AN  ANIMAL
   11  USED  FOR THE PURPOSES OF RACING, BREEDING, OR COMPETITIVE EXHIBITION OF
   12  SKILL, BREED, OR STAMINA, OR OTHERWISE INTERFERES WITH  SUCH  AN  ANIMAL
   13  DURING A RACE OR COMPETITIVE EXHIBITION OF SKILL, BREED, OR STAMINA.
   14    UNLAWFUL DEALING WITH ANIMALS USED FOR RACING, BREEDING OR COMPETITIVE
   15  EXHIBITION OF SKILL, BREED OR STAMINA IS A CLASS E FELONY.
   16  S 280.35 ENDANGERING THE WELFARE OF ANIMALS.
   17    A  PERSON  IS  GUILTY OF ENDANGERING THE WELFARE OF ANIMALS WHEN, WITH
   18  THE INTENT TO CAUSE INJURY TO AN ANIMAL, OR RECKLESSLY CREATING  A  RISK
   19  THEREOF, SUCH PERSON:
   20    1.  CREATES  A  HAZARDOUS  OR  PHYSICALLY  OFFENSIVE CONDITION FOR ANY
   21  ANIMAL BY ANY ACT THAT SERVES NO LEGITIMATE PURPOSE; OR
   22    2. THROWS, DROPS OR PLACES, OR CAUSES TO BE THROWN, DROPPED OR  PLACED
   23  IN  A PUBLIC PLACE, A SUBSTANCE THAT MIGHT WOUND, DISABLE, OR INJURE ANY
   24  ANIMAL.
   25    ENDANGERING THE WELFARE OF ANIMALS IS A VIOLATION.
   26  S 280.40 ANIMAL ABDUCTION IN THE THIRD DEGREE.
   27    A PERSON IS GUILTY OF ANIMAL ABDUCTION IN THE THIRD DEGREE  WHEN  SUCH
   28  PERSON  RESTRAINS A COMPANION ANIMAL WITHOUT THE CONSENT OF THE INDIVID-
   29  UAL HAVING OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR CUSTODY  OVER
   30  SAID COMPANION ANIMAL.
   31    ANIMAL ABDUCTION IN THE THIRD DEGREE IS A CLASS B MISDEMEANOR.
   32  S 280.45 ANIMAL ABDUCTION IN THE SECOND DEGREE.
   33    A  PERSON IS GUILTY OF ANIMAL ABDUCTION IN THE SECOND DEGREE WHEN SUCH
   34  PERSON ABDUCTS A COMPANION ANIMAL WITHOUT THE CONSENT OF THE  INDIVIDUAL
   35  HAVING OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR CUSTODY OVER SAID
   36  COMPANION ANIMAL.
   37    ANIMAL ABDUCTION IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR.
   38  S 280.50 ANIMAL ABDUCTION IN THE FIRST DEGREE.
   39    A  PERSON  IS GUILTY OF ANIMAL ABDUCTION IN THE FIRST DEGREE WHEN SUCH
   40  PERSON ABDUCTS OR RESTRAINS A COMPANION ANIMAL WITHOUT  THE  CONSENT  OF
   41  THE  INDIVIDUAL  HAVING  OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR
   42  CUSTODY OVER SAID COMPANION ANIMAL, AND WHEN:
   43    1. SUCH PERSON'S INTENT IS TO COMPEL THE  PAYMENT  OR  DELIVERANCE  OF
   44  MONEY  OR  PROPERTY AS RANSOM, OR TO ENGAGE IN OTHER PARTICULAR CONDUCT,
   45  OR TO REFRAIN FROM ENGAGING IN PARTICULAR CONDUCT; OR
   46    2. SUCH PERSON CAUSES PHYSICAL INJURY TO THE COMPANION ANIMAL; OR
   47    3. THE COMPANION ANIMAL DIES DURING THE ABDUCTION OR BEFORE IT IS ABLE
   48  TO RETURN OR BE RETURNED TO SAFETY. SUCH DEATH SHALL  BE  PRESUMED  FROM
   49  EVIDENCE   THAT  THE  INDIVIDUAL  HAVING  OWNERSHIP,  POSSESSION,  CARE,
   50  CONTROL, CHARGE OR CUSTODY OVER SAID COMPANION ANIMAL DID  NOT  SEE  THE
   51  ANIMAL FOLLOWING THE TERMINATION OF THE ABDUCTION AND PRIOR TO TRIAL AND
   52  RECEIVED  NO  RELIABLE INFORMATION DURING SUCH PERIOD PERSUASIVELY INDI-
   53  CATING THAT SUCH ANIMAL WAS ALIVE.
   54    ANIMAL ABDUCTION IN THE FIRST DEGREE IS A CLASS D FELONY.
   55  S 280.55 UNAUTHORIZED  POSSESSION  OF  ANIMAL  PRESUMPTIVE  EVIDENCE  OF
   56             RESTRAINT AND ABDUCTION.
       S. 6406                            11
    1    THE  UNAUTHORIZED POSSESSION OF A COMPANION ANIMAL BY ANY PERSON WITH-
    2  OUT THE CONSENT OF THE INDIVIDUAL HAVING  OWNERSHIP,  POSSESSION,  CARE,
    3  CONTROL,  CHARGE  OR  CUSTODY  OVER  SAID COMPANION ANIMAL, FOR A PERIOD
    4  EXCEEDING TEN DAYS, WITHOUT NOTIFYING EITHER SAID INDIVIDUAL, THE  LOCAL
    5  POLICE  AUTHORITIES,  THE LOCAL MUNICIPAL SHELTER OR POUND OR THE OFFICE
    6  OF THE SUPERINTENDENT OF THE STATE POLICE LOCATED IN ALBANY,  NEW  YORK,
    7  OF  SUCH  POSSESSION,  SHALL  BE  PRESUMPTIVE  EVIDENCE OF RESTRAINT AND
    8  ABDUCTION.
    9  S 280.60 APPROPRIATE SHELTER FOR DOGS LEFT OUTDOORS.
   10    1. FOR PURPOSES OF THIS SECTION:
   11    (A) "PHYSICAL CONDITION" SHALL INCLUDE ANY SPECIAL MEDICAL NEEDS OF  A
   12  DOG  DUE TO DISEASE, ILLNESS, INJURY, AGE OR BREED ABOUT WHICH THE OWNER
   13  OR PERSON WITH CUSTODY OR CONTROL OF THE DOG SHOULD REASONABLY BE AWARE.
   14    (B) "INCLEMENT WEATHER" SHALL MEAN WEATHER CONDITIONS THAT ARE  LIKELY
   15  TO  ADVERSELY  AFFECT THE HEALTH OR SAFETY OF THE DOG, INCLUDING BUT NOT
   16  LIMITED TO RAIN, SLEET, ICE, SNOW, WIND, OR EXTREME HEAT AND COLD.
   17    (C) "DOGS THAT ARE LEFT OUTDOORS" SHALL MEAN DOGS THAT ARE OUTDOORS IN
   18  INCLEMENT WEATHER WITHOUT READY ACCESS TO, OR THE ABILITY  TO  ENTER,  A
   19  HOUSE,  APARTMENT  BUILDING,  OFFICE  BUILDING,  OR  ANY OTHER PERMANENT
   20  STRUCTURE THAT COMPLIES WITH THE STANDARDS ENUMERATED IN  PARAGRAPH  (B)
   21  OF SUBDIVISION THREE OF THIS SECTION.
   22    2.  (A) ANY PERSON WHO OWNS OR HAS CUSTODY OR CONTROL OF A DOG THAT IS
   23  LEFT OUTDOORS SHALL PROVIDE IT WITH SHELTER APPROPRIATE  TO  ITS  BREED,
   24  PHYSICAL  CONDITION  AND  CLIMATE. ANY PERSON WHO KNOWINGLY VIOLATES THE
   25  PROVISIONS OF THIS SECTION SHALL BE GUILTY OF A VIOLATION, PUNISHABLE BY
   26  A FINE OF NOT LESS THAN FIFTY DOLLARS NOR MORE THAN ONE HUNDRED  DOLLARS
   27  FOR A FIRST OFFENSE, AND A FINE OF NOT LESS THAN ONE HUNDRED DOLLARS NOR
   28  MORE THAN TWO HUNDRED FIFTY DOLLARS FOR A SECOND AND SUBSEQUENT OFFENSE.
   29  BEGINNING  SEVENTY-TWO  HOURS  AFTER A CHARGE OF VIOLATING THIS SECTION,
   30  EACH DAY THAT A DEFENDANT FAILS TO CORRECT THE DEFICIENCIES IN  THE  DOG
   31  SHELTER  FOR  A DOG THAT HE OR SHE OWNS OR THAT IS IN HIS OR HER CUSTODY
   32  OR CONTROL AND THAT IS LEFT OUTDOORS, SO AS TO BRING IT INTO  COMPLIANCE
   33  WITH THE PROVISIONS OF THIS SECTION SHALL CONSTITUTE A SEPARATE OFFENSE.
   34    (B)  THE  COURT  MAY, IN ITS DISCRETION, REDUCE THE AMOUNT OF ANY FINE
   35  IMPOSED FOR A VIOLATION OF THIS SECTION BY THE AMOUNT WHICH THE  DEFEND-
   36  ANT  PROVES  HE OR SHE HAS SPENT PROVIDING A DOG SHELTER OR REPAIRING AN
   37  EXISTING DOG SHELTER SO THAT IT COMPLIES WITH THE REQUIREMENTS  OF  THIS
   38  SECTION.  NOTHING  IN  THIS PARAGRAPH SHALL PREVENT THE SEIZURE OF A DOG
   39  FOR A VIOLATION OF THIS SECTION PURSUANT TO  THE  AUTHORITY  GRANTED  IN
   40  THIS ARTICLE.
   41    3. MINIMUM STANDARDS FOR DETERMINING WHETHER SHELTER IS APPROPRIATE TO
   42  A DOG'S BREED, PHYSICAL CONDITION AND THE CLIMATE SHALL INCLUDE:
   43    (A)  FOR  DOGS  THAT  ARE  RESTRAINED IN ANY MANNER OUTDOORS, SHADE BY
   44  NATURAL OR ARTIFICIAL MEANS TO PROTECT THE DOG FROM DIRECT  SUNLIGHT  AT
   45  ALL  TIMES WHEN EXPOSURE TO SUNLIGHT IS LIKELY TO THREATEN THE HEALTH OF
   46  THE DOG.
   47    (B) FOR ALL DOGS THAT ARE LEFT OUTDOORS IN INCLEMENT WEATHER, A  HOUS-
   48  ING  FACILITY,  WHICH  MUST:  (1)  HAVE A WATERPROOF ROOF; (2) BE STRUC-
   49  TURALLY SOUND WITH INSULATION APPROPRIATE TO LOCAL  CLIMATIC  CONDITIONS
   50  AND  SUFFICIENT  TO  PROTECT  THE  DOG  FROM  INCLEMENT  WEATHER; (3) BE
   51  CONSTRUCTED TO ALLOW EACH DOG  ADEQUATE  FREEDOM  OF  MOVEMENT  TO  MAKE
   52  NORMAL  POSTURAL  ADJUSTMENTS,  INCLUDING  THE ABILITY TO STAND UP, TURN
   53  AROUND AND LIE DOWN WITH ITS  LIMBS  OUTSTRETCHED;  AND  (4)  ALLOW  FOR
   54  EFFECTIVE  REMOVAL  OF EXCRETIONS, OTHER WASTE MATERIAL, DIRT AND TRASH.
   55  THE HOUSING FACILITY AND THE AREA IMMEDIATELY SURROUNDING  IT  SHALL  BE
       S. 6406                            12
    1  REGULARLY  CLEANED TO MAINTAIN A HEALTHY AND SANITARY ENVIRONMENT AND TO
    2  MINIMIZE HEALTH HAZARDS.
    3    4.  INADEQUATE SHELTER MAY BE INDICATED BY THE APPEARANCE OF THE HOUS-
    4  ING FACILITY ITSELF, INCLUDING BUT  NOT  LIMITED  TO,  SIZE,  STRUCTURAL
    5  SOUNDNESS,  EVIDENCE  OF CROWDING WITHIN THE HOUSING FACILITY, HEALTHFUL
    6  ENVIRONMENT IN THE AREA IMMEDIATELY SURROUNDING SUCH FACILITY, OR BY THE
    7  APPEARANCE OR PHYSICAL CONDITION OF THE DOG.
    8    5. UPON A FINDING OF ANY VIOLATION OF THIS SECTION, ANY  DOG  OR  DOGS
    9  SEIZED  PURSUANT  TO  THE  PROVISIONS OF THIS ARTICLE THAT HAVE NOT BEEN
   10  VOLUNTARILY SURRENDERED BY THE OWNER OR CUSTODIAN OR FORFEITED  PURSUANT
   11  TO  COURT  ORDER  SHALL  BE RETURNED TO THE OWNER OR CUSTODIAN ONLY UPON
   12  PROOF THAT APPROPRIATE SHELTER AS REQUIRED  BY  THIS  SECTION  IS  BEING
   13  PROVIDED.
   14    6.   NOTHING  IN  THIS  SECTION  SHALL  BE  CONSTRUED  TO  AFFECT  ANY
   15  PROTECTIONS AFFORDED TO DOGS OR OTHER ANIMALS UNDER ANY OTHER PROVISIONS
   16  OF THIS ARTICLE.
   17    FAILURE TO PROVIDE APPROPRIATE SHELTER FOR DOGS  LEFT  OUTDOORS  IS  A
   18  VIOLATION.
   19  S 280.65 CONFINEMENT  OF  COMPANION ANIMALS IN VEHICLES; EXTREME TEMPER-
   20             ATURES.
   21    1. A PERSON SHALL NOT CONFINE A COMPANION ANIMAL IN A MOTOR VEHICLE IN
   22  EXTREME HEAT OR COLD WITHOUT PROPER VENTILATION OR OTHER PROTECTION FROM
   23  SUCH EXTREME TEMPERATURES WHERE SUCH CONFINEMENT  PLACES  THE  COMPANION
   24  ANIMAL  IN  IMMINENT  DANGER  OF DEATH OR SERIOUS PHYSICAL INJURY DUE TO
   25  EXPOSURE TO SUCH EXTREME HEAT OR COLD.
   26    2. WHERE THE OPERATOR OF SUCH A VEHICLE CANNOT BE PROMPTLY LOCATED,  A
   27  POLICE  OFFICER, PEACE OFFICER, OR PEACE OFFICER ACTING AS AN AGENT OF A
   28  DULY INCORPORATED HUMANE SOCIETY MAY TAKE NECESSARY STEPS TO REMOVE  THE
   29  ANIMAL OR ANIMALS FROM THE VEHICLE.
   30    3.  POLICE OFFICERS, PEACE OFFICERS OR PEACE OFFICERS ACTING AS AGENTS
   31  OF A DULY INCORPORATED HUMANE SOCIETY REMOVING AN ANIMAL OR ANIMALS FROM
   32  A VEHICLE PURSUANT TO THIS SECTION SHALL PLACE A WRITTEN NOTICE ON OR IN
   33  THE VEHICLE, BEARING THE NAME OF THE OFFICER OR AGENT, AND  THE  DEPART-
   34  MENT OR AGENCY AND ADDRESS WHERE THE ANIMAL OR ANIMALS WILL BE TAKEN.
   35    4.  AN  ANIMAL  OR  ANIMALS  REMOVED  FROM  A VEHICLE PURSUANT TO THIS
   36  SECTION SHALL, AFTER  RECEIPT  OF  ANY  NECESSARY  EMERGENCY  VETERINARY
   37  TREATMENT, BE DELIVERED TO THE DULY INCORPORATED HUMANE SOCIETY OR SOCI-
   38  ETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, OR DESIGNATED AGENT THERE-
   39  OF, IN THE JURISDICTION WHERE THE ANIMAL OR ANIMALS WERE SEIZED.
   40    5. ANY PERSON WHO KNOWINGLY VIOLATES THE PROVISIONS OF SUBDIVISION ONE
   41  OF  THIS SECTION SHALL BE GUILTY OF A VIOLATION, PUNISHABLE BY A FINE OF
   42  NOT LESS THAN FIFTY DOLLARS NOR MORE THAN  ONE  HUNDRED  DOLLARS  FOR  A
   43  FIRST  OFFENSE, AND A FINE OF NOT LESS THAN ONE HUNDRED DOLLARS NOR MORE
   44  THAN TWO HUNDRED FIFTY DOLLARS FOR A SECOND AND SUBSEQUENT OFFENSES.
   45    6. OFFICERS SHALL NOT BE HELD CRIMINALLY OR CIVILLY LIABLE FOR ACTIONS
   46  TAKEN REASONABLY AND IN GOOD FAITH IN CARRYING  OUT  THE  PROVISIONS  OF
   47  THIS SECTION.
   48    7.  NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO AFFECT ANY
   49  OTHER  PROTECTIONS  AFFORDED  TO  COMPANION  ANIMALS  UNDER  ANY   OTHER
   50  PROVISIONS OF THIS ARTICLE.
   51    CONFINEMENT  OF COMPANION ANIMALS IN VEHICLES; EXTREME TEMPERATURES IS
   52  A VIOLATION.
   53  S 280.70 LEAVING NEW YORK STATE TO AVOID PROVISIONS OF THIS ARTICLE.
   54    A PERSON WHO LEAVES THIS  STATE  WITH  INTENT  TO  ELUDE  ANY  OF  THE
   55  PROVISIONS  OF THIS ARTICLE OR TO COMMIT ANY ACT OUT OF THIS STATE WHICH
   56  IS PROHIBITED BY THEM OR WHO, BEING A RESIDENT OF THIS STATE,  DOES  ANY
       S. 6406                            13
    1  ACT WITHOUT THIS STATE, PURSUANT TO SUCH INTENT, WHICH WOULD BE PUNISHA-
    2  BLE UNDER SUCH PROVISIONS, IF COMMITTED WITHIN THIS STATE, IS PUNISHABLE
    3  IN THE SAME MANNER AS IF SUCH ACT HAD BEEN COMMITTED WITHIN THIS STATE.
    4  S 280.75 EVIDENTIARY  AND  IMPOUNDMENT  PROCEDURES  BY  MEMBERS  OF  LAW
    5             ENFORCEMENT.
    6    MATTERS RELATING TO  THE  SEIZURE,  ADOPTION,  CARE,  DISPOSITION  AND
    7  DESTRUCTION  OF  ANIMALS  BY MEMBERS OF LAW ENFORCEMENT AND MEMBERS OF A
    8  DULY INCORPORATED SOCIETY FOR  THE  PREVENTION  OF  CRUELTY  TO  ANIMALS
    9  CHARGED  TO  ENFORCE THIS ARTICLE, ANCILLARY TO SUCH ENFORCEMENT OF THIS
   10  ARTICLE, SHALL BE GOVERNED BY ARTICLE TWENTY-SIX OF THE AGRICULTURE  AND
   11  MARKETS  LAW  AND  ARTICLE  SIX HUNDRED NINETY OF THE CRIMINAL PROCEDURE
   12  LAW.
   13  S 280.80 SPECIAL SENTENCING PROVISIONS APPLICABLE.
   14    IN ADDITION TO ANY OTHER  PENALTY  PROVIDED  BY  LAW,  THE  SENTENCING
   15  PROVISIONS  CONTAINED IN SECTION THREE HUNDRED EIGHTY OF THE AGRICULTURE
   16  AND MARKETS LAW SHALL BE APPLICABLE TO VIOLATIONS OF THIS ARTICLE.
   17    S 10. The penal law is amended by adding a new section 60.22  to  read
   18  as follows:
   19  S 60.22 AUTHORIZED DISPOSITIONS; PROMOTING ANIMAL FIGHTING.
   20    WHEN  A PERSON IS CONVICTED OF AN OFFENSE DEFINED IN SECTION 280.05 OF
   21  THIS CHAPTER, IN ADDITION TO THE OTHER PENALTIES  AS  PROVIDED  IN  THIS
   22  CHAPTER,  THE  COURT  MAY  IMPOSE  A FINE WHICH SHALL NOT EXCEED FIFTEEN
   23  THOUSAND DOLLARS. WHEN A PERSON IS CONVICTED OF AN  OFFENSE  DEFINED  IN
   24  SECTION  280.10 OF THIS CHAPTER, THE COURT MAY IMPOSE A FINE WHICH SHALL
   25  NOT EXCEED TWENTY-FIVE THOUSAND DOLLARS.
   26    S 11. Paragraph (c) of subdivision 1 of section  70.02  of  the  penal
   27  law,  as amended by chapter 1 of the laws of 2013, is amended to read as
   28  follows:
   29    (c) Class D violent felony offenses: an attempt to commit any  of  the
   30  class C felonies set forth in paragraph (b); reckless assault of a child
   31  as defined in section 120.02, assault in the second degree as defined in
   32  section 120.05, menacing a police officer or peace officer as defined in
   33  section  120.18, stalking in the first degree, as defined in subdivision
   34  one of section 120.60, strangulation in the second degree as defined  in
   35  section  121.12, rape in the second degree as defined in section 130.30,
   36  criminal sexual act in the second degree as defined in  section  130.45,
   37  sexual abuse in the first degree as defined in section 130.65, course of
   38  sexual  conduct  against  a  child  in  the  second degree as defined in
   39  section 130.80, aggravated sexual abuse in the third degree  as  defined
   40  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
   41  substance as defined in section 130.90, criminal possession of a  weapon
   42  in  the  third degree as defined in subdivision five, six, seven, eight,
   43  nine or ten of section 265.02, criminal sale of a firearm in  the  third
   44  degree as defined in section 265.11, intimidating a victim or witness in
   45  the  second degree as defined in section 215.16, soliciting or providing
   46  support for an act of terrorism in  the  second  degree  as  defined  in
   47  section  490.10,  and  making a terroristic threat as defined in section
   48  490.20, falsely reporting an incident in the first degree as defined  in
   49  section 240.60, placing a false bomb or hazardous substance in the first
   50  degree  as  defined in section 240.62, placing a false bomb or hazardous
   51  substance in a sports stadium or arena, mass transportation facility  or
   52  enclosed  shopping  mall  as defined in section 240.63, [and] aggravated
   53  unpermitted use of indoor pyrotechnics in the first degree as defined in
   54  section 405.18, AND ANIMAL CRUELTY IN THE FIRST  DEGREE  AS  DEFINED  IN
   55  SUBDIVISION ONE, TWO OR THREE OF SECTION 280.25.
       S. 6406                            14
    1    S  12.  Section 195.06 of the penal law, as added by chapter 42 of the
    2  laws of 1986, is amended to read as follows:
    3  S 195.06 Killing or injuring a police animal.
    4    A  person  is  guilty of killing or injuring a police animal when such
    5  person intentionally kills or injures any animal while such animal is in
    6  the performance of its duties and under the supervision of a  police  or
    7  peace officer.
    8    Killing or injuring a police animal is a class [A misdemeanor] D FELO-
    9  NY.
   10    S  13. Section 195.11 of the penal law, as added by chapter 344 of the
   11  laws of 1989, is amended to read as follows:
   12  S 195.11 Harming an animal trained to aid a person with a disability  in
   13             the second degree.
   14    A person is guilty of harming an animal trained to aid a person with a
   15  disability  in  the  second degree when such person intentionally causes
   16  physical injury to such animal while it is in the performance of  aiding
   17  a person with a disability, and thereby renders such animal incapable of
   18  providing such aid to such person, or to another person with a disabili-
   19  ty.
   20    For  purposes  of this section and section 195.12 of this article, the
   21  term "disability" means "disability" as defined in  subdivision  twenty-
   22  one of section two hundred ninety-two of the executive law.
   23    Harming  an  animal  trained  to aid a person with a disability in the
   24  second degree is a class [B] A misdemeanor.
   25    S 14. Section 195.12 of the penal law, as added by chapter 344 of  the
   26  laws of 1989, is amended to read as follows:
   27  S  195.12 Harming an animal trained to aid a person with a disability in
   28             the first degree.
   29    A person is guilty of harming an animal trained to aid a person with a
   30  disability in the first degree when such person:
   31    1. intentionally causes physical injury to such animal while it is  in
   32  the  performance  of  aiding  a  person  with  a disability, and thereby
   33  renders such animal permanently incapable of providing such aid to  such
   34  person, or to another person with a disability; or
   35    2.  intentionally  kills such animal while it is in the performance of
   36  aiding a person with a disability.
   37    Harming an animal trained to aid a person with  a  disability  in  the
   38  first degree is a class [A misdemeanor] D FELONY.
   39    S  15. Subdivision 2 of section 265.01 of the penal law, as amended by
   40  chapter 1 of the laws of 2013, is amended to read as follows:
   41    (2) He OR SHE possesses any  dagger,  dangerous  knife,  dirk,  razor,
   42  stiletto,  imitation pistol, or any other dangerous or deadly instrument
   43  or weapon with intent to use the same unlawfully against another  PERSON
   44  OR ANIMAL; or
   45    S  16. Severability clause. If any clause, sentence, paragraph, subdi-
   46  vision, section or part of this act shall be adjudged by  any  court  of
   47  competent  jurisdiction  to  be invalid, such judgment shall not affect,
   48  impair, or invalidate the remainder thereof, but shall  be  confined  in
   49  its  operation  to the clause, sentence, paragraph, subdivision, section
   50  or part thereof directly involved in the controversy in which such judg-
   51  ment shall have been rendered. It is hereby declared to be the intent of
   52  the legislature that this act would  have  been  enacted  even  if  such
   53  invalid provisions had not been included herein.
   54    S  17.  This  act  shall  take  effect  on  the first of November next
   55  succeeding the date on which it shall have become a law.