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S679Senate2009-2010 SessionSame asA710

Prohibits certain person previously convicted of a drug felony to own, possess or harbor a dog weighing 20 lbs or more and trained to attack or exhibiting viciousness

Sponsor William J. Larkin Jr.SD-39+1 co-sponsorAffects Legal
Status
In Senate Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Codes

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Who cares

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Sponsors

Primary sponsor
William J. Larkin Jr.

Senator · Senate District 39

1 Co-sponsor

History

  1. Referred to codes
  2. Referred to codes

Companion bill

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the penal law, in relation to restricting ownership of vicious dogs

Purpose

To prohibit those convicted within the past five years of a felony crime related to selling or possessing a controlled substance from owning or possessing a vicious dog that can be used to perpetrate additional crimes or hinder law enforcement in enforcing drug trafficking laws.

Summary of provisions

Section 1: Adds a new Penal Law section 270.40 to create a crime of owning or possessing a vicious dog for those persons that have previously been convicted of a felony for selling or possessing a controlled substance within five years of such conviction and the completion of the jail term related to that offense. A vicious dog is defined as one that weighs more than 20 pounds and has either been trained to physically attack persons or has exhibited a vicious disposition or propensity. The unlawful possession of a vicious dog is a class A misdemeanor.

Existing law

There is no crime now for possessing a vicious dog for drug dealers that use such dogs as weapons in the perpetration of the sale or possession of controlled substances.

Justification

The Penal Law prohibits convicted felons from possessing guns, knives and other dangerous instrumentalities. Since attack dogs are commonly used by drug dealers in the place of guns in the pursuit of their drug trade, the possession of these live "weapons" in place of a gun should also be criminalized. In addition, the police would be protected when arresting recidivist drug dealers. The law would also protect the general public from these dangerous animals.

Legislative history

S.230-A of 2007/2008

Fiscal implications

None.

Local fiscal implications

None.

Effective date

180 days after is shall have become law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.