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Sponsor's memo
BILL NUMBER:S4275
Title of bill
An act to amend the penal law, in relation to killing or injuring a police animal
Purpose
This bill creates a class E felony offense for the killing of a police animal.
Summary of provisions
Section 1 amends Section 195.06 of the Penal Law to apply to the injuring of a police animal only.
Section 2 adds a new section 195.09 to the Penal Law to create the crime of the killing of a police animal as a class E felony.
Existing law
Currently, both the killing and injuring of a police animal are classified as a class A misdemeanor. This bill would change the killing of a police animal to a class E felony. The injuring of a police animal would remain a class A misdemeanor.
Justification
The killing of a police animal is a serious offense that should be treated differently from the injuring of a police animal. Currently, the injuring or the killing of a police animal is considered the same crime, a class A misdemeanor. This legislation seeks to differentiate the two crimes. The injuring of a police animal remains a class A misdemeanor. The crime of killing a police animal is elevated to a class E felony.
Now more than ever, police animals, especially dogs, are being trained and dispatched to assist law enforcement in the most dangerous and high risk situations. Often times, a police animal precedes the police officers into a situation. This tactic began in the military and has carried over to local police departments with much success. Police animals, especially dogs, are now assisting law enforcement in several ways, including use of their superior sense of smell and their ability to carry a small camera into a situation undetected.
With new and increased responsibilities, police animals now face new and increased risks, which warrant a new and increased penalty for the killing of a police animal. In March 2013, an FBI police dog named Ape was shot and killed in Herkimer, New York as he preceded law enforcement officers in entering the location where a suspect was hiding after killing four people and injuring two others.
Legislative history
New Bill.
Fiscal implications
None.
Effective date
This act shall take effect on the first of November next succeeding the date on which it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.