S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7865
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 6, 2013
                                      ___________
       Introduced  by M. of A. JORDAN, TEDISCO -- read once and referred to the
         Committee on Codes
       AN ACT to amend the penal law, in relation to establishing laws  prohib-
         iting  offenses  against animals; and to promote understanding, aware-
         ness and enforcement of such animal crimes laws
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The penal law is amended by adding a new title Q to read as
    2  follows:
    3                                   TITLE Q
    4                          OFFENSES AGAINST ANIMALS
    5                                 ARTICLE 280
    6                     OFFENSES AGAINST COMPANION ANIMALS
    7  SECTION 280.00 DEFINITIONS.
    8          280.05 PROMOTING ANIMAL FIGHTING IN THE SECOND DEGREE.
    9          280.10 PROMOTING ANIMAL FIGHTING IN THE FIRST DEGREE.
   10          280.20 ANIMAL CRUELTY IN THE SECOND DEGREE.
   11          280.25 ANIMAL CRUELTY IN THE FIRST DEGREE.
   12          280.30 UNLAWFUL  DEALING WITH ANIMALS USED FOR RACING, BREEDING,
   13                   OR COMPETITIVE EXHIBITION OF SKILL, BREED OR STAMINA.
   14          280.35 ENDANGERING THE WELFARE OF ANIMALS.
   15          280.40 ANIMAL ABDUCTION IN THE THIRD DEGREE.
   16          280.45 ANIMAL ABDUCTION IN THE SECOND DEGREE.
   17          280.50 ANIMAL ABDUCTION IN THE FIRST DEGREE.
   18          280.55 UNAUTHORIZED POSSESSION OF ANIMAL PRESUMPTIVE EVIDENCE OF
   19                   RESTRAINT AND ABDUCTION.
   20          280.60 APPROPRIATE SHELTER FOR DOGS LEFT OUTDOORS.
   21          280.65 CONFINEMENT OF COMPANION  ANIMALS  IN  VEHICLES;  EXTREME
   22                   TEMPERATURES.
   23          280.70 LEAVING  NEW YORK STATE TO AVOID PROVISIONS OF THIS ARTI-
   24                   CLE.
   25          280.75 EVIDENTIARY AND IMPOUNDMENT PROCEDURES BY MEMBERS OF  LAW
   26                   ENFORCEMENT.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09314-02-3
       A. 7865                             2
    1          280.80 SPECIAL SENTENCING PROVISIONS APPLICABLE.
    2          280.85 LIMITATIONS OF APPLICATION.
    3  S 280.00 DEFINITIONS.
    4    THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS ARTICLE:
    5    1.  "ANIMAL"  MEANS  ANY COMPANION ANIMAL OR PET AND SHALL NOT INCLUDE
    6  FARM ANIMALS, AS DEFINED IN SUBDIVISION SIX OF THIS SECTION.
    7    2. "CRUELTY" INCLUDES EVERY ACT, OMISSION, OR NEGLECT, WHEREBY  UNJUS-
    8  TIFIABLE  PHYSICAL  PAIN,  SUFFERING OR DEATH IS CAUSED OR PERMITTED AND
    9  SHALL INCLUDE BUT NOT BE LIMITED TO, ANY ACT OF  OVERDRIVING,  OVERLOAD-
   10  ING, INJURING, MAIMING, MUTILATING, OR KILLING AN ANIMAL.
   11    3.  "AGGRAVATED  CRUELTY" SHALL MEAN AN ACT OF CRUELTY THAT IS DONE OR
   12  CARRIED OUT IN A DEPRAVED OR SADISTIC MANNER.
   13    4. "TORTURE" MEANS CONDUCT THAT IS INTENDED TO CAUSE EXTREME PAIN.
   14    5. "ADOPTION" MEANS THE DELIVERY OF ANY ANIMAL, SEIZED OR SURRENDERED,
   15  TO ANY NATURAL PERSON EIGHTEEN YEARS OF AGE OR OLDER,  FOR  THE  LIMITED
   16  PURPOSE OF HARBORING SUCH ANIMAL AS A PET.
   17    6.  "FARM  ANIMAL"  MEANS  ANY  UNGULATE,  POULTRY, SPECIES OF CATTLE,
   18  SHEEP, SWINE, GOATS, LLAMAS, HORSES OR FUR-BEARING ANIMALS,  AS  DEFINED
   19  IN  SECTION  11-1907  OF  THE  ENVIRONMENTAL CONSERVATION LAW, WHICH ARE
   20  RAISED FOR COMMERCIAL  OR  SUBSISTENCE  PURPOSES.  "FUR-BEARING  ANIMAL"
   21  SHALL NOT INCLUDE DOGS OR CATS.
   22    7.  "COMPANION  ANIMAL"  OR  "PET"  MEANS ANY DOG OR CAT.   "COMPANION
   23  ANIMAL" OR "PET" SHALL NOT INCLUDE A "FARM ANIMAL" AS DEFINED IN  SUBDI-
   24  VISION SIX OF THIS SECTION.
   25    8.  "ANIMAL  FIGHTING" SHALL MEAN ANY FIGHT BETWEEN COMPANION ANIMALS,
   26  OR BETWEEN ANY SUCH ANIMAL AND A PERSON OR PERSONS.
   27    9. "ABANDONS" MEANS ANY ACTION TAKEN THAT REFLECTS  WILLFUL  DEPARTURE
   28  FROM  THE  OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR CUSTODY OF AN
   29  ANIMAL, WITHOUT MAKING ADEQUATE PROVISIONS FOR THE ANIMAL'S FUTURE CARE.
   30    10. "RESTRAIN" MEANS TO RESTRICT AN ANIMAL'S  MOVEMENTS  INTENTIONALLY
   31  AND  UNLAWFULLY  IN  SUCH  MANNER AS TO INTERFERE SUBSTANTIALLY WITH ITS
   32  LIBERTY BY MOVING IT FROM ONE PLACE  TO  ANOTHER,  OR  BY  CONFINING  IT
   33  EITHER  IN  THE  PLACE  WHERE THE RESTRICTION COMMENCES OR IN A PLACE TO
   34  WHICH IT HAS BEEN MOVED, WITH KNOWLEDGE THAT THE RESTRICTION  IS  UNLAW-
   35  FUL.
   36    11.  "ABDUCT"  MEANS  TO RESTRAIN AN ANIMAL WITH INTENT TO PREVENT ITS
   37  LIBERATION BY SECRETING OR HOLDING IT IN A PLACE WHERE IT IS NOT  LIKELY
   38  TO BE FOUND.
   39    12. "ANIMAL FIGHTING PARAPHERNALIA" SHALL MEAN EQUIPMENT, PRODUCTS, OR
   40  MATERIALS  OF  ANY KIND THAT ARE USED, INTENDED FOR USE, OR DESIGNED FOR
   41  USE IN THE TRAINING, PREPARATION, CONDITIONING OR FURTHERANCE OF  ANIMAL
   42  FIGHTING.  ANIMAL FIGHTING PARAPHERNALIA INCLUDES: (A) A BREAKING STICK,
   43  WHICH MEANS A DEVICE DESIGNED FOR INSERTION BEHIND THE MOLARS OF  A  DOG
   44  FOR  THE PURPOSE OF BREAKING THE DOG'S GRIP ON ANOTHER ANIMAL OR OBJECT;
   45  (B) A CAT MILL, WHICH MEANS A  DEVICE  THAT  ROTATES  AROUND  A  CENTRAL
   46  SUPPORT  WITH  ONE  ARM DESIGNED TO SECURE A DOG AND ONE ARM DESIGNED TO
   47  SECURE A CAT, RABBIT, OR OTHER SMALL ANIMAL BEYOND THE GRASP OF THE DOG;
   48  (C) A TREADMILL, WHICH MEANS AN EXERCISE DEVICE CONSISTING OF AN ENDLESS
   49  BELT ON WHICH THE ANIMAL WALKS OR RUNS WITHOUT CHANGING  PLACES;  (D)  A
   50  SPRINGPOLE,  WHICH  MEANS  A  BITING  SURFACE  ATTACHED TO A STRETCHABLE
   51  DEVICE, SUSPENDED AT A HEIGHT SUFFICIENT TO PREVENT A DOG FROM  REACHING
   52  THE  BITING SURFACE WHILE TOUCHING THE GROUND; (E) A FIGHTING PIT, WHICH
   53  MEANS A WALLED AREA, OR OTHERWISE DEFINED AREA, DESIGNED TO  CONTAIN  AN
   54  ANIMAL FIGHT; AND (F) ANY OTHER INSTRUMENT COMMONLY USED IN THE FURTHER-
   55  ANCE OF PITTING AN ANIMAL AGAINST ANOTHER ANIMAL.
   56  S 280.05 PROMOTING ANIMAL FIGHTING IN THE SECOND DEGREE.
       A. 7865                             3
    1    A  PERSON  IS GUILTY OF PROMOTING ANIMAL FIGHTING IN THE SECOND DEGREE
    2  WHEN SUCH PERSON:
    3    1.  OWNS, POSSESSES, OR KEEPS ANY ANIMAL UNDER ANY CIRCUMSTANCE EVINC-
    4  ING AN INTENT THAT SUCH ANIMAL ENGAGE IN ANIMAL FIGHTING; OR
    5    2. PAYS AN ADMISSION FEE, MAKES A WAGER, OR IS  OTHERWISE  PRESENT  AT
    6  ANY PLACE WHERE AN EXHIBITION OF ANIMAL FIGHTING IS BEING CONDUCTED, AND
    7  SUCH PERSON HAS KNOWLEDGE THAT SUCH AN EXHIBITION IS BEING CONDUCTED; OR
    8    3.  OWNS,  POSSESSES, SELLS, TRANSFERS OR MANUFACTURES ANIMAL FIGHTING
    9  PARAPHERNALIA UNDER  ANY  CIRCUMSTANCE  EVINCING  AN  INTENT  THAT  SUCH
   10  PARAPHERNALIA  BE  USED  TO ENGAGE IN OR OTHERWISE PROMOTE OR FACILITATE
   11  ANIMAL FIGHTING.
   12    PROMOTING ANIMAL FIGHTING IN THE SECOND DEGREE IS A CLASS A  MISDEMEA-
   13  NOR.
   14  S 280.10 PROMOTING ANIMAL FIGHTING IN THE FIRST DEGREE.
   15    A  PERSON  IS  GUILTY OF PROMOTING ANIMAL FIGHTING IN THE FIRST DEGREE
   16  WHEN SUCH PERSON:
   17    1. INTENTIONALLY CAUSES AN ANIMAL TO ENGAGE IN ANIMAL FIGHTING; OR
   18    2. TRAINS AN ANIMAL UNDER CIRCUMSTANCES EVINCING AN INTENT  THAT  SUCH
   19  ANIMAL ENGAGE IN ANIMAL FIGHTING; OR
   20    3. BREEDS, TRANSFERS, SELLS OR OFFERS FOR SALE AN ANIMAL UNDER CIRCUM-
   21  STANCES  EVINCING  AN INTENT THAT SUCH ANIMAL ENGAGE IN ANIMAL FIGHTING;
   22  OR
   23    4. PERMITS ANY ACT DESCRIBED IN SUBDIVISION ONE, TWO OR THREE OF  THIS
   24  SECTION TO OCCUR ON PREMISES UNDER HIS OR HER CONTROL; OR
   25    5. OWNS, POSSESSES OR KEEPS ANY ANIMAL ON PREMISES WHERE AN EXHIBITION
   26  OF  ANIMAL  FIGHTING  IS BEING CONDUCTED UNDER CIRCUMSTANCES EVINCING AN
   27  INTENT THAT SUCH ANIMAL ENGAGE IN ANIMAL FIGHTING.
   28    PROMOTING ANIMAL FIGHTING IN THE FIRST DEGREE IS A CLASS D FELONY.
   29  S 280.20 ANIMAL CRUELTY IN THE SECOND DEGREE.
   30    A PERSON IS GUILTY OF ANIMAL CRUELTY IN THE SECOND DEGREE WHEN:
   31    1. HAVING OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR  CUSTODY  OF
   32  AN  ANIMAL,  HE  OR  SHE DEPRIVES SUCH ANIMAL OF, OR NEGLECTS TO FURNISH
   33  SUCH ANIMAL WITH, NUTRITION,  HYDRATION,  VETERINARY  CARE,  OR  SHELTER
   34  ADEQUATE  TO  MAINTAIN  THE  ANIMAL'S  HEALTH  AND  COMFORT,  OR CAUSES,
   35  PROCURES, OR PERMITS SUCH ANIMAL TO BE DEPRIVED OF NUTRITION, HYDRATION,
   36  VETERINARY CARE, OR SHELTER ADEQUATE TO MAINTAIN THE ANIMAL'S HEALTH AND
   37  COMFORT, AND HE OR SHE KNOWS OR REASONABLY SHOULD KNOW THAT SUCH  ANIMAL
   38  IS NOT RECEIVING ADEQUATE NUTRITION, HYDRATION, VETERINARY CARE OR SHEL-
   39  TER; OR
   40    2.  HAVING  OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR CUSTODY OF
   41  AN ANIMAL, HE OR SHE ABANDONS SUCH ANIMAL; OR
   42    3. HAVING NO JUSTIFIABLE PURPOSE,  HE  OR  SHE  KNOWINGLY  INSTIGATES,
   43  ENGAGES  IN,  OR  IN  ANY  WAY FURTHERS CRUELTY TO AN ANIMAL, OR ANY ACT
   44  TENDING TO PRODUCE SUCH CRUELTY; OR
   45    4. HAVING NO JUSTIFIABLE PURPOSE, HE OR SHE ADMINISTERS OR EXPOSES ANY
   46  POISONOUS OR NOXIOUS DRUG OR SUBSTANCE TO AN ANIMAL,  WITH  INTENT  THAT
   47  THE ANIMAL TAKE THE SAME AND WITH INTENT TO INJURE THE ANIMAL.
   48    NOTHING  CONTAINED  IN  THIS SECTION SHALL BE CONSTRUED TO PROHIBIT OR
   49  INTERFERE IN ANY WAY WITH ANYONE LAWFULLY ENGAGED IN HUNTING,  TRAPPING,
   50  OR FISHING, AS PROVIDED IN ARTICLE ELEVEN OF THE ENVIRONMENTAL CONSERVA-
   51  TION  LAW,  THE  DISPATCH  OF  RABID OR DISEASED ANIMALS, AS PROVIDED IN
   52  ARTICLE TWENTY-ONE OF THE PUBLIC HEALTH LAW, OR THE DISPATCH OF  ANIMALS
   53  POSING  A  THREAT TO HUMAN SAFETY OR OTHER ANIMALS, WHERE SUCH ACTION IS
   54  OTHERWISE  LEGALLY  AUTHORIZED.  NOTHING  HEREIN  CONTAINED   SHALL   BE
   55  CONSTRUED TO PROHIBIT OR INTERFERE WITH ANY PROPERLY CONDUCTED SCIENTIF-
   56  IC  TESTS,  EXPERIMENTS,  OR  INVESTIGATIONS INVOLVING THE USE OF LIVING
       A. 7865                             4
    1  ANIMALS, PERFORMED OR CONDUCTED IN LABORATORIES OR  INSTITUTIONS,  WHICH
    2  ARE  APPROVED  FOR  THESE  PURPOSES  BY  THE COMMISSIONER OF HEALTH. THE
    3  COMMISSIONER OF HEALTH  SHALL  PRESCRIBE  THE  RULES  UNDER  WHICH  SUCH
    4  APPROVALS  SHALL  BE  GRANTED, INCLUDING THEREIN STANDARDS REGARDING THE
    5  CARE AND TREATMENT OF ANY SUCH ANIMALS. SUCH RULES  SHALL  BE  PUBLISHED
    6  AND  COPIES  THEREOF  CONSPICUOUSLY  POSTED  IN  EACH SUCH LABORATORY OR
    7  INSTITUTION.  THE COMMISSIONER OF HEALTH OR HIS OR HER  DULY  AUTHORIZED
    8  REPRESENTATIVE  SHALL  HAVE  THE  POWER  TO INSPECT SUCH LABORATORIES OR
    9  INSTITUTIONS TO INSURE COMPLIANCE WITH SUCH RULES  AND  STANDARDS.  EACH
   10  SUCH APPROVAL MAY BE REVOKED AT ANY TIME FOR FAILURE TO COMPLY WITH SUCH
   11  RULES  AND  IN  ANY  CASE  THE APPROVAL SHALL BE LIMITED TO A PERIOD NOT
   12  EXCEEDING ONE YEAR.
   13    ANIMAL CRUELTY IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR.
   14  S 280.25 ANIMAL CRUELTY IN THE FIRST DEGREE.
   15    A PERSON IS GUILTY OF ANIMAL CRUELTY IN THE FIRST DEGREE WHEN:
   16    1. HAVING NO JUSTIFIABLE PURPOSE AND WITH INTENT TO CAUSE THE DEATH OF
   17  A COMPANION ANIMAL, HE OR SHE CAUSES THE DEATH OF SUCH ANIMAL; OR
   18    2. HAVING NO JUSTIFIABLE PURPOSE AND  WITH  INTENT  TO  CAUSE  SERIOUS
   19  PHYSICAL  INJURY  TO A COMPANION ANIMAL, HE OR SHE CAUSES SUCH INJURY TO
   20  SUCH ANIMAL; OR
   21    3. HAVING NO JUSTIFIABLE PURPOSE, HE OR SHE INTENTIONALLY TORTURES  AN
   22  ANIMAL  OR  KNOWINGLY  INSTIGATES,  ENGAGES  IN,  OR IN ANY WAY FURTHERS
   23  AGGRAVATED CRUELTY TO AN ANIMAL, OR ANY  ACT  TENDING  TO  PRODUCE  SUCH
   24  AGGRAVATED CRUELTY; OR
   25    4.  COMMITS  THE  CRIME  OF  ANIMAL  CRUELTY  IN  THE SECOND DEGREE IN
   26  VIOLATION OF SECTION 280.20 OF THIS  ARTICLE  AND  HAS  PREVIOUSLY  BEEN
   27  CONVICTED,  WITHIN  THE  PRECEDING  TEN  YEARS, OF ANIMAL CRUELTY IN THE
   28  SECOND DEGREE.
   29    NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED  TO  PROHIBIT  OR
   30  INTERFERE  IN ANY WAY WITH ANYONE LAWFULLY ENGAGED IN HUNTING, TRAPPING,
   31  OR FISHING, AS PROVIDED IN ARTICLE ELEVEN OF THE ENVIRONMENTAL CONSERVA-
   32  TION LAW, THE DISPATCH OF RABID OR  DISEASED  ANIMALS,  AS  PROVIDED  IN
   33  ARTICLE  TWENTY-ONE OF THE PUBLIC HEALTH LAW, OR THE DISPATCH OF ANIMALS
   34  POSING A THREAT TO HUMAN SAFETY OR OTHER ANIMALS, WHERE SUCH  ACTION  IS
   35  OTHERWISE  LEGALLY  AUTHORIZED,  OR  ANY  PROPERLY  CONDUCTED SCIENTIFIC
   36  TESTS, EXPERIMENTS,  OR  INVESTIGATIONS  INVOLVING  THE  USE  OF  LIVING
   37  ANIMALS, PERFORMED OR CONDUCTED IN LABORATORIES OR INSTITUTIONS APPROVED
   38  FOR  SUCH  PURPOSES  BY  THE  COMMISSIONER OF HEALTH PURSUANT TO SECTION
   39  280.20 OF THIS ARTICLE.
   40    ANIMAL CRUELTY IN THE FIRST DEGREE IS A CLASS D FELONY.
   41  S 280.30 UNLAWFUL DEALING WITH ANIMALS USED  FOR  RACING,  BREEDING,  OR
   42             COMPETITIVE EXHIBITION OF SKILL, BREED OR STAMINA.
   43    A  PERSON  IS GUILTY OF UNLAWFUL DEALING WITH ANIMALS USED FOR RACING,
   44  BREEDING, OR COMPETITIVE EXHIBITION OF SKILL,  BREED,  OR  STAMINA  WHEN
   45  SUCH PERSON:
   46    1.  COMMITS  THE  CRIME  OF  ANIMAL  CRUELTY  IN  THE SECOND DEGREE IN
   47  VIOLATION OF SECTION 280.20 OF THIS  ARTICLE,  AND  SUCH  ANIMAL  IS  AN
   48  ANIMAL  USED FOR THE PURPOSES OF RACING, BREEDING OR COMPETITIVE EXHIBI-
   49  TION OF SKILL, BREED, OR STAMINA; OR
   50    2. HAVING NO JUSTIFIABLE PURPOSE, HE OR SHE  TAMPERS  WITH  AN  ANIMAL
   51  USED  FOR THE PURPOSES OF RACING, BREEDING, OR COMPETITIVE EXHIBITION OF
   52  SKILL, BREED, OR STAMINA, OR OTHERWISE INTERFERES WITH  SUCH  AN  ANIMAL
   53  DURING A RACE OR COMPETITIVE EXHIBITION OF SKILL, BREED, OR STAMINA.
   54    UNLAWFUL  DEALING  WITH  ANIMALS USED FOR RACING, BREEDING, OR COMPET-
   55  ITIVE EXHIBITION OF SKILL, BREED OR STAMINA IS A CLASS E FELONY.
   56  S 280.35 ENDANGERING THE WELFARE OF ANIMALS.
       A. 7865                             5
    1    A PERSON IS GUILTY OF ENDANGERING THE WELFARE OF  ANIMALS  WHEN,  WITH
    2  THE  INTENT  TO CAUSE INJURY TO AN ANIMAL, OR RECKLESSLY CREATING A RISK
    3  THEREOF, SUCH PERSON:
    4    1.  CREATES  A  HAZARDOUS  OR  PHYSICALLY  OFFENSIVE CONDITION FOR ANY
    5  ANIMAL BY ANY ACT THAT SERVES NO LEGITIMATE PURPOSE; OR
    6    2. THROWS, DROPS OR PLACES, OR CAUSES TO BE THROWN, DROPPED OR  PLACED
    7  IN  A PUBLIC PLACE, A SUBSTANCE THAT MIGHT WOUND, DISABLE, OR INJURE ANY
    8  ANIMAL.
    9    ENDANGERING THE WELFARE OF ANIMALS IS A VIOLATION.
   10  S 280.40 ANIMAL ABDUCTION IN THE THIRD DEGREE.
   11    A PERSON IS GUILTY OF ANIMAL ABDUCTION IN THE THIRD DEGREE  WHEN  SUCH
   12  PERSON  RESTRAINS A COMPANION ANIMAL WITHOUT THE CONSENT OF THE INDIVID-
   13  UAL HAVING OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR CUSTODY  OVER
   14  SAID COMPANION ANIMAL.
   15    ANIMAL ABDUCTION IN THE THIRD DEGREE IS A CLASS B MISDEMEANOR.
   16  S 280.45 ANIMAL ABDUCTION IN THE SECOND DEGREE.
   17    A  PERSON IS GUILTY OF ANIMAL ABDUCTION IN THE SECOND DEGREE WHEN SUCH
   18  PERSON ABDUCTS A COMPANION ANIMAL WITHOUT THE CONSENT OF THE  INDIVIDUAL
   19  HAVING OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR CUSTODY OVER SAID
   20  COMPANION ANIMAL.
   21    ANIMAL ABDUCTION IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR.
   22  S 280.50 ANIMAL ABDUCTION IN THE FIRST DEGREE.
   23    A  PERSON  IS GUILTY OF ANIMAL ABDUCTION IN THE FIRST DEGREE WHEN SUCH
   24  PERSON ABDUCTS OR RESTRAINS A COMPANION ANIMAL WITHOUT  THE  CONSENT  OF
   25  THE  INDIVIDUAL  HAVING  OWNERSHIP, POSSESSION, CARE, CONTROL, CHARGE OR
   26  CUSTODY OVER SAID COMPANION ANIMAL, AND WHEN:
   27    1. SUCH PERSON'S INTENT IS TO COMPEL THE  PAYMENT  OR  DELIVERANCE  OF
   28  MONEY  OR  PROPERTY AS RANSOM, OR TO ENGAGE IN OTHER PARTICULAR CONDUCT,
   29  OR TO REFRAIN FROM ENGAGING IN PARTICULAR CONDUCT; OR
   30    2. SUCH PERSON CAUSES PHYSICAL INJURY TO THE COMPANION ANIMAL; OR
   31    3. THE COMPANION ANIMAL DIES DURING THE ABDUCTION OR BEFORE IT IS ABLE
   32  TO RETURN OR BE RETURNED TO SAFETY. SUCH DEATH SHALL  BE  PRESUMED  FROM
   33  EVIDENCE   THAT  THE  INDIVIDUAL  HAVING  OWNERSHIP,  POSSESSION,  CARE,
   34  CONTROL, CHARGE OR CUSTODY OVER SAID COMPANION ANIMAL DID  NOT  SEE  THE
   35  ANIMAL FOLLOWING THE TERMINATION OF THE ABDUCTION AND PRIOR TO TRIAL AND
   36  RECEIVED  NO  RELIABLE INFORMATION DURING SUCH PERIOD PERSUASIVELY INDI-
   37  CATING THAT SUCH ANIMAL WAS ALIVE.
   38    ANIMAL ABDUCTION IN THE FIRST DEGREE IS A CLASS D FELONY.
   39  S 280.55 UNAUTHORIZED  POSSESSION  OF  ANIMAL  PRESUMPTIVE  EVIDENCE  OF
   40             RESTRAINT AND ABDUCTION.
   41    THE  UNAUTHORIZED POSSESSION OF A COMPANION ANIMAL BY ANY PERSON WITH-
   42  OUT THE CONSENT OF THE INDIVIDUAL HAVING  OWNERSHIP,  POSSESSION,  CARE,
   43  CONTROL,  CHARGE  OR  CUSTODY  OVER  SAID COMPANION ANIMAL, FOR A PERIOD
   44  EXCEEDING TEN DAYS, WITHOUT NOTIFYING EITHER SAID INDIVIDUAL, THE  LOCAL
   45  POLICE  AUTHORITIES,  THE LOCAL MUNICIPAL SHELTER OR POUND OR THE OFFICE
   46  OF THE SUPERINTENDENT OF THE STATE POLICE LOCATED IN ALBANY,  NEW  YORK,
   47  OF  SUCH  POSSESSION,  SHALL  BE  PRESUMPTIVE  EVIDENCE OF RESTRAINT AND
   48  ABDUCTION.
   49  S 280.60 APPROPRIATE SHELTER FOR DOGS LEFT OUTDOORS.
   50    1. FOR PURPOSES OF THIS SECTION:
   51    (A) "PHYSICAL CONDITION" SHALL INCLUDE ANY SPECIAL MEDICAL NEEDS OF  A
   52  DOG  DUE TO DISEASE, ILLNESS, INJURY, AGE OR BREED ABOUT WHICH THE OWNER
   53  OR PERSON WITH CUSTODY OR CONTROL OF THE DOG SHOULD REASONABLY BE AWARE.
   54    (B) "INCLEMENT WEATHER" SHALL MEAN WEATHER CONDITIONS THAT ARE  LIKELY
   55  TO  ADVERSELY  AFFECT THE HEALTH OR SAFETY OF THE DOG, INCLUDING BUT NOT
   56  LIMITED TO RAIN, SLEET, ICE, SNOW, WIND, OR EXTREME HEAT AND COLD.
       A. 7865                             6
    1    (C) "DOGS THAT ARE LEFT OUTDOORS" SHALL MEAN DOGS THAT ARE OUTDOORS IN
    2  INCLEMENT WEATHER WITHOUT READY ACCESS TO, OR THE ABILITY  TO  ENTER,  A
    3  HOUSE,  APARTMENT  BUILDING,  OFFICE  BUILDING,  OR  ANY OTHER PERMANENT
    4  STRUCTURE THAT COMPLIES WITH THE STANDARDS ENUMERATED IN  PARAGRAPH  (B)
    5  OF SUBDIVISION THREE OF THIS SECTION.
    6    2.  (A) ANY PERSON WHO OWNS OR HAS CUSTODY OR CONTROL OF A DOG THAT IS
    7  LEFT OUTDOORS SHALL PROVIDE IT WITH SHELTER APPROPRIATE  TO  ITS  BREED,
    8  PHYSICAL  CONDITION  AND  CLIMATE. ANY PERSON WHO KNOWINGLY VIOLATES THE
    9  PROVISIONS OF THIS SECTION SHALL BE GUILTY OF A VIOLATION, PUNISHABLE BY
   10  A FINE OF NOT LESS THAN FIFTY DOLLARS NOR MORE THAN ONE HUNDRED  DOLLARS
   11  FOR A FIRST OFFENSE, AND A FINE OF NOT LESS THAN ONE HUNDRED DOLLARS NOR
   12  MORE THAN TWO HUNDRED FIFTY DOLLARS FOR A SECOND AND SUBSEQUENT OFFENSE.
   13  BEGINNING  SEVENTY-TWO  HOURS  AFTER A CHARGE OF VIOLATING THIS SECTION,
   14  EACH DAY THAT A DEFENDANT FAILS TO CORRECT THE DEFICIENCIES IN  THE  DOG
   15  SHELTER  FOR  A DOG THAT HE OR SHE OWNS OR THAT IS IN HIS OR HER CUSTODY
   16  OR CONTROL AND THAT IS LEFT OUTDOORS, SO AS TO BRING IT INTO  COMPLIANCE
   17  WITH THE PROVISIONS OF THIS SECTION SHALL CONSTITUTE A SEPARATE OFFENSE.
   18    (B)  THE  COURT  MAY, IN ITS DISCRETION, REDUCE THE AMOUNT OF ANY FINE
   19  IMPOSED FOR A VIOLATION OF THIS SECTION BY THE AMOUNT WHICH THE  DEFEND-
   20  ANT  PROVES  HE OR SHE HAS SPENT PROVIDING A DOG SHELTER OR REPAIRING AN
   21  EXISTING DOG SHELTER SO THAT IT COMPLIES WITH THE REQUIREMENTS  OF  THIS
   22  SECTION.  NOTHING  IN  THIS PARAGRAPH SHALL PREVENT THE SEIZURE OF A DOG
   23  FOR A VIOLATION OF THIS SECTION PURSUANT TO  THE  AUTHORITY  GRANTED  IN
   24  THIS ARTICLE.
   25    3. MINIMUM STANDARDS FOR DETERMINING WHETHER SHELTER IS APPROPRIATE TO
   26  A DOG'S BREED, PHYSICAL CONDITION AND THE CLIMATE SHALL INCLUDE:
   27    (A)  FOR  DOGS  THAT  ARE  RESTRAINED IN ANY MANNER OUTDOORS, SHADE BY
   28  NATURAL OR ARTIFICIAL MEANS TO PROTECT THE DOG FROM DIRECT  SUNLIGHT  AT
   29  ALL  TIMES WHEN EXPOSURE TO SUNLIGHT IS LIKELY TO THREATEN THE HEALTH OF
   30  THE DOG.
   31    (B) FOR ALL DOGS THAT ARE LEFT OUTDOORS IN INCLEMENT WEATHER, A  HOUS-
   32  ING  FACILITY,  WHICH  MUST:  (1)  HAVE A WATERPROOF ROOF; (2) BE STRUC-
   33  TURALLY SOUND WITH INSULATION APPROPRIATE TO LOCAL  CLIMATIC  CONDITIONS
   34  AND  SUFFICIENT  TO  PROTECT  THE  DOG  FROM  INCLEMENT  WEATHER; (3) BE
   35  CONSTRUCTED TO ALLOW EACH DOG  ADEQUATE  FREEDOM  OF  MOVEMENT  TO  MAKE
   36  NORMAL  POSTURAL  ADJUSTMENTS,  INCLUDING  THE ABILITY TO STAND UP, TURN
   37  AROUND AND LIE DOWN WITH ITS  LIMBS  OUTSTRETCHED;  AND  (4)  ALLOW  FOR
   38  EFFECTIVE  REMOVAL  OF EXCRETIONS, OTHER WASTE MATERIAL, DIRT AND TRASH.
   39  THE HOUSING FACILITY AND THE AREA IMMEDIATELY SURROUNDING  IT  SHALL  BE
   40  REGULARLY  CLEANED  TO MAINTAIN A HEALTHY AND SANITARY ENVIRONMENTAL AND
   41  TO MINIMIZE HEALTH HAZARDS.
   42    4. INADEQUATE SHELTER MAY BE INDICATED BY THE APPEARANCE OF THE  HOUS-
   43  ING  FACILITY  ITSELF,  INCLUDING  BUT  NOT LIMITED TO, SIZE, STRUCTURAL
   44  SOUNDNESS, EVIDENCE OF CROWDING WITHIN THE HOUSING  FACILITY,  HEALTHFUL
   45  ENVIRONMENT IN THE AREA IMMEDIATELY SURROUNDING SUCH FACILITY, OR BY THE
   46  APPEARANCE OR PHYSICAL CONDITION OF THE DOG.
   47    5.  UPON  A  FINDING OF ANY VIOLATION OF THIS SECTION, ANY DOG OR DOGS
   48  SEIZED PURSUANT TO THE PROVISIONS OF THIS ARTICLE  THAT  HAVE  NOT  BEEN
   49  VOLUNTARILY  SURRENDERED BY THE OWNER OR CUSTODIAN OR FORFEITED PURSUANT
   50  TO COURT ORDER SHALL BE RETURNED TO THE OWNER  OR  CUSTODIAN  ONLY  UPON
   51  PROOF  THAT  APPROPRIATE  SHELTER  AS  REQUIRED BY THIS SECTION IS BEING
   52  PROVIDED.
   53    6.  NOTHING  IN  THIS  SECTION  SHALL  BE  CONSTRUED  TO  AFFECT   ANY
   54  PROTECTIONS AFFORDED TO DOGS OR OTHER ANIMALS UNDER ANY OTHER PROVISIONS
   55  OF THIS ARTICLE.
       A. 7865                             7
    1    FAILURE  TO  PROVIDE  APPROPRIATE  SHELTER FOR DOGS LEFT OUTDOORS IS A
    2  VIOLATION.
    3  S 280.65 CONFINEMENT  OF  COMPANION ANIMALS IN VEHICLES; EXTREME TEMPER-
    4             ATURES.
    5    1. A PERSON SHALL NOT CONFINE A COMPANION ANIMAL IN A MOTOR VEHICLE IN
    6  EXTREME HEAT OR COLD WITHOUT PROPER VENTILATION OR OTHER PROTECTION FROM
    7  SUCH EXTREME TEMPERATURES WHERE SUCH CONFINEMENT  PLACES  THE  COMPANION
    8  ANIMAL  IN  IMMINENT  DANGER  OF DEATH OR SERIOUS PHYSICAL INJURY DUE TO
    9  EXPOSURE TO SUCH EXTREME HEAT OR COLD.
   10    2. WHERE THE OPERATOR OF SUCH A VEHICLE CANNOT BE PROMPTLY LOCATED,  A
   11  POLICE  OFFICER, PEACE OFFICER, OR PEACE OFFICER ACTING AS AN AGENT OF A
   12  DULY INCORPORATED HUMANE SOCIETY MAY TAKE NECESSARY STEPS TO REMOVE  THE
   13  ANIMAL OR ANIMALS FROM THE VEHICLE.
   14    3.  POLICE OFFICERS, PEACE OFFICERS OR PEACE OFFICERS ACTING AS AGENTS
   15  OF A DULY INCORPORATED HUMANE SOCIETY REMOVING AN ANIMAL OR ANIMALS FROM
   16  A VEHICLE PURSUANT TO THIS SECTION SHALL PLACE A WRITTEN NOTICE ON OR IN
   17  THE VEHICLE, BEARING THE NAME OF THE OFFICER OR AGENT, AND  THE  DEPART-
   18  MENT OR AGENCY AND ADDRESS WHERE THE ANIMAL OR ANIMALS WILL BE TAKEN.
   19    4.  AN  ANIMAL  OR  ANIMALS  REMOVED  FROM  A VEHICLE PURSUANT TO THIS
   20  SECTION SHALL, AFTER  RECEIPT  OF  ANY  NECESSARY  EMERGENCY  VETERINARY
   21  TREATMENT, BE DELIVERED TO THE DULY INCORPORATED HUMANE SOCIETY OR SOCI-
   22  ETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, OR DESIGNATED AGENT THERE-
   23  OF, IN THE JURISDICTION WHERE THE ANIMAL OR ANIMALS WERE SEIZED.
   24    5. ANY PERSON WHO KNOWINGLY VIOLATES THE PROVISIONS OF SUBDIVISION ONE
   25  OF  THIS SECTION SHALL BE GUILTY OF A VIOLATION, PUNISHABLE BY A FINE OF
   26  NOT LESS THAN FIFTY DOLLARS NOR MORE THAN  ONE  HUNDRED  DOLLARS  FOR  A
   27  FIRST  OFFENSE, AND A FINE OF NOT LESS THAN ONE HUNDRED DOLLARS NOR MORE
   28  THAN TWO HUNDRED FIFTY DOLLARS FOR A SECOND AND SUBSEQUENT OFFENSES.
   29    6. OFFICERS SHALL NOT BE HELD CRIMINALLY OR CIVILLY LIABLE FOR ACTIONS
   30  TAKEN REASONABLY AND IN GOOD FAITH IN CARRYING  OUT  THE  PROVISIONS  OF
   31  THIS SECTION.
   32    7.  NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO AFFECT ANY
   33  OTHER  PROTECTIONS  AFFORDED  TO  COMPANION  ANIMALS  UNDER  ANY   OTHER
   34  PROVISIONS OF THIS ARTICLE.
   35    CONFINEMENT  OF COMPANION ANIMALS IN VEHICLES; EXTREME TEMPERATURES IS
   36  A VIOLATION.
   37  S 280.70 LEAVING NEW YORK STATE TO AVOID PROVISIONS OF THIS ARTICLE.
   38    A PERSON WHO LEAVES THIS  STATE  WITH  INTENT  TO  ELUDE  ANY  OF  THE
   39  PROVISIONS  OF THIS ARTICLE OR TO COMMIT ANY ACT OUT OF THIS STATE WHICH
   40  IS PROHIBITED BY THEM OR WHO, BEING A RESIDENT OF THIS STATE,  DOES  ANY
   41  ACT WITHOUT THIS STATE, PURSUANT TO SUCH INTENT, WHICH WOULD BE PUNISHA-
   42  BLE UNDER SUCH PROVISIONS, IF COMMITTED WITHIN THIS STATE, IS PUNISHABLE
   43  IN THE SAME MANNER AS IF SUCH ACT HAD BEEN COMMITTED WITHIN THIS STATE.
   44  S 280.75 EVIDENTIARY  AND  IMPOUNDMENT  PROCEDURES  BY  MEMBERS  OF  LAW
   45             ENFORCEMENT.
   46    MATTERS RELATING TO  THE  SEIZURE,  ADOPTION,  CARE,  DISPOSITION  AND
   47  DESTRUCTION  OF  ANIMALS  BY MEMBERS OF LAW ENFORCEMENT AND MEMBERS OF A
   48  DULY INCORPORATED SOCIETY FOR  THE  PREVENTION  OF  CRUELTY  TO  ANIMALS
   49  CHARGED  TO  ENFORCE THIS ARTICLE, ANCILLARY TO SUCH ENFORCEMENT OF THIS
   50  ARTICLE, SHALL BE GOVERNED BY ARTICLE TWENTY-SIX OF THE AGRICULTURE  AND
   51  MARKETS  LAW  AND  ARTICLE  SIX HUNDRED NINETY OF THE CRIMINAL PROCEDURE
   52  LAW.
   53  S 280.80 SPECIAL SENTENCING PROVISIONS APPLICABLE.
   54    IN ADDITION TO ANY OTHER  PENALTY  PROVIDED  BY  LAW,  THE  SENTENCING
   55  PROVISIONS  CONTAINED IN THE AGRICULTURE AND MARKETS LAW SHALL BE APPLI-
   56  CABLE TO VIOLATIONS OF THIS ARTICLE.
       A. 7865                             8
    1  S 280.85 LIMITATIONS OF APPLICATION.
    2    1. THIS ARTICLE DOES NOT APPLY TO:
    3    (A)  ANY  DOG THE SERVICE OF WHICH IS EMPLOYED AS A LIVESTOCK GUARDIAN
    4  DOG OR GUARD DOG TO DEFEND AND/OR  PROTECT  LIVESTOCK  AND/OR  CROPS  AS
    5  DEFINED IN SECTION THREE HUNDRED ONE OF THE AGRICULTURE AND MARKETS LAW;
    6  OR
    7    (B)  ANY  DOG  IN  THE PROCESS OF BEING TRAINED OR HAVING SUCCESSFULLY
    8  BEEN TRAINED IN THE MANAGEMENT OF LIVESTOCK BY THE  OWNER,  HIS  OR  HER
    9  EMPLOYEES  OR AGENTS, OR ANY OTHER PERSON HAVING LAWFUL CUSTODY OF LIVE-
   10  STOCK.
   11    2. THIS ARTICLE SHALL NEITHER  ENLARGE  NOR  DIMINISH  THE  RIGHTS  OF
   12  PARTIES IN CIVIL LITIGATION.
   13    S 2. The penal law is amended by adding a new section 60.22 to read as
   14  follows:
   15  S 60.22 AUTHORIZED DISPOSITIONS; PROMOTING ANIMAL FIGHTING.
   16    WHEN  A PERSON IS CONVICTED OF AN OFFENSE DEFINED IN SECTION 280.05 OF
   17  THIS CHAPTER, IN ADDITION TO THE OTHER PENALTIES  AS  PROVIDED  IN  THIS
   18  CHAPTER,  THE  COURT  MAY  IMPOSE  A FINE WHICH SHALL NOT EXCEED FIFTEEN
   19  THOUSAND DOLLARS. WHEN A PERSON IS CONVICTED OF AN  OFFENSE  DEFINED  IN
   20  SECTION  280.10 OF THIS CHAPTER, THE COURT MAY IMPOSE A FINE WHICH SHALL
   21  NOT EXCEED TWENTY-FIVE THOUSAND DOLLARS.
   22    S 3. Paragraph (c) of subdivision 1 of section 70.02 of the penal law,
   23  as amended by chapter 1 of the laws of  2013,  is  amended  to  read  as
   24  follows:
   25    (c)  Class  D violent felony offenses: an attempt to commit any of the
   26  class C felonies set forth in paragraph (b); reckless assault of a child
   27  as defined in section 120.02, assault in the second degree as defined in
   28  section 120.05, menacing a police officer or peace officer as defined in
   29  section 120.18, stalking in the first degree, as defined in  subdivision
   30  one  of section 120.60, strangulation in the second degree as defined in
   31  section 121.12, rape in the second degree as defined in section  130.30,
   32  criminal  sexual  act in the second degree as defined in section 130.45,
   33  sexual abuse in the first degree as defined in section 130.65, course of
   34  sexual conduct against a child  in  the  second  degree  as  defined  in
   35  section  130.80,  aggravated sexual abuse in the third degree as defined
   36  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
   37  substance  as defined in section 130.90, criminal possession of a weapon
   38  in the third degree as defined in subdivision five, six,  seven,  eight,
   39  nine  or  ten of section 265.02, criminal sale of a firearm in the third
   40  degree as defined in section 265.11, intimidating a victim or witness in
   41  the second degree as defined in section 215.16, soliciting or  providing
   42  support  for  an  act  of  terrorism  in the second degree as defined in
   43  section 490.10, and making a terroristic threat as  defined  in  section
   44  490.20,  falsely reporting an incident in the first degree as defined in
   45  section 240.60, placing a false bomb or hazardous substance in the first
   46  degree as defined in section 240.62, placing a false bomb  or  hazardous
   47  substance  in a sports stadium or arena, mass transportation facility or
   48  enclosed shopping mall as defined in section  240.63,  [and]  aggravated
   49  unpermitted use of indoor pyrotechnics in the first degree as defined in
   50  section  405.18,  AND  ANIMAL  CRUELTY IN THE FIRST DEGREE AS DEFINED IN
   51  SUBDIVISION ONE, TWO OR THREE OF SECTION 280.25.
   52    S 4. Section 195.06 of the penal law, as added by chapter  42  of  the
   53  laws of 1986, is amended to read as follows:
   54  S 195.06 Killing or injuring a police animal.
   55    A  person  is  guilty of killing or injuring a police animal when such
   56  person intentionally kills or injures any animal while such animal is in
       A. 7865                             9
    1  the performance of its duties and under the supervision of a  police  or
    2  peace officer.
    3    Killing or injuring a police animal is a class [A misdemeanor] D FELO-
    4  NY.
    5    S  5.  Section 195.11 of the penal law, as added by chapter 344 of the
    6  laws of 1989, is amended to read as follows:
    7  S 195.11 Harming an animal trained to aid a person with a disability  in
    8             the second degree.
    9    A person is guilty of harming an animal trained to aid a person with a
   10  disability  in  the  second degree when such person intentionally causes
   11  physical injury to such animal while it is in the performance of  aiding
   12  a person with a disability, and thereby renders such animal incapable of
   13  providing such aid to such person, or to another person with a disabili-
   14  ty.
   15    For  purposes  of this section and section 195.12 of this article, the
   16  term "disability" means "disability" as defined in  subdivision  twenty-
   17  one of section two hundred ninety-two of the executive law.
   18    Harming  an  animal  trained  to aid a person with a disability in the
   19  second degree is a class [B] A misdemeanor.
   20    S 6. Section 195.12 of the penal law, as added by chapter 344  of  the
   21  laws of 1989, is amended to read as follows:
   22  S  195.12 Harming an animal trained to aid a person with a disability in
   23              the first degree.
   24    A person is guilty of harming an animal trained to aid a person with a
   25  disability in the first degree when such person:
   26    1. intentionally causes physical injury to such animal while it is  in
   27  the  performance  of  aiding  a  person  with  a disability, and thereby
   28  renders such animal permanently incapable of providing such aid to  such
   29  person, or to another person with a disability; or
   30    2.  intentionally  kills such animal while it is in the performance of
   31  aiding a person with a disability.
   32    Harming an animal trained to aid a person with  a  disability  in  the
   33  first degree is a class [A misdemeanor] D FELONY.
   34    S  7.  Subdivision 2 of section 265.01 of the penal law, as amended by
   35  chapter 1 of the laws of 2013, is amended to read as follows:
   36    (2) He OR SHE possesses any  dagger,  dangerous  knife,  dirk,  razor,
   37  stiletto,  imitation pistol, or any other dangerous or deadly instrument
   38  or weapon with intent to use the same unlawfully against another  PERSON
   39  OR ANIMAL; or
   40    S 8. Severability clause. If any clause, sentence, paragraph, subdivi-
   41  sion,  section  or  part  of  this act shall be adjudged by any court of
   42  competent jurisdiction to be invalid, such judgement shall  not  affect,
   43  impair,  or  invalidate  the remainder thereof, but shall be confined in
   44  its operation to the clause, sentence, paragraph,  subdivision,  section
   45  or  part  thereof  directly  involved  in  the controversy in which such
   46  judgement shall have been rendered. It is  hereby  declared  to  be  the
   47  intent  of the legislature that this act would have been enacted even if
   48  such invalid provisions had not been included herein.
   49    S 9. This act shall take effect on the first of November next succeed-
   50  ing the date on which it shall have become a law.