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History
- Referred to agriculture
- Referred to agriculture
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to dangerous dogs
In Assembly Committee · Agriculture · Sponsor Luis R. Sepúlveda
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S2338
Title of bill
An act to amend the agriculture and markets law, in relation to dangerous dogs
Purpose
To provide greater protection to dog owners and to make the process of determining when a dog is a dangerous dog streamlined.
Summary of provisions
Section 1 of this bill amends subdivision 1 of section 123 of the Agriculture and Markets Law to clarify the procedure for reporting an attack by a dog, against a companion animal. The procedure is that it must be immediately reported to a police officer or dog control officer, and at the point the dog control officer or police officer must immediately inform the complainant of his or her right to commence a proceeding that is described in subdivision 2 of this section, and also determine if there is reason to believe that the dog is a dangerous dog before leaving the scene. If the officer determines that there is a reason to believe the dog is a dangerous dog, the officer must commence such proceeding himself. When the officer makes this determination, the officer has to articulate whether he or she believes that the dog (1) attacked or threatened to attack a person, companion animal, or domestic animal without justification, or (2) behaved in such a manner which a reasonable person would believe poses serious and unjustified imminent threat of serious physical injury or death to one or more persons, companion animals, farm animals or domestic animals.
This section also amends paragraph (c) of subdivision 3 and subdivision 6 of section 123 of the Agriculture and Markets Law with technical changes to reflect the above additions.
Section 2 of this bill provides that this act shall take effect immediately.
Existing law
The current procedure provided in subdivision one of section 123 of the agriculture and markets did not provide for a clear way to determine when a dog would be considered a dangerous dog in the case of attacks that lead to serious injury or death of a domestic animal.
Justification
This legislation broadens the scope of the determination of when a dog is a dangerous dog. Previously, there was confusion over who handled this determination, especially in relation to dog attacks where another dog is injured or killed.
Recently, there have been multiple instances of larger dogs attacking and killing smaller breeds of dogs in the New York City area. When reported in New York City, there have been issues for New Yorkers who have attempted to find recourse under the law. There had been mixed messages of who handled reports of dogs attacking other dogs. This
amendment seeks to clear up how and when dangerous dog determinations are made, and by whom these determinations can be made.
Legislative history
New bill.
Fiscal implications
None to the state.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.