Relates to companion pets

Section 2 of this bill amends the opening paragraph of section 353 of the agriculture and markets law, as amended by chapter 523 of the laws of 2005, to include adequate care, shelter, and reasonable veterinary care.

Section 3 of this bill amends subdivisions 1 and 3 of section 353-a of the agriculture and markets law, as added by chapter 118 of the laws of 1999. Subdivision 1 is amended to include the word "maliciously" in the mental element of the crime, and remove language defining aggravated cruelty as conduct intended to cause extreme physical pain or that is done or carried out in a depraved or sadistic manner. Subdivision 3 is amended to remove the two-year term of imprisonment restriction on the penalty for those convicted of this offense.

Section 4 of this bill amends section 353-b of the agriculture and markets law, as added by chapter 594 of the laws of 2003. The title of this section is amended to read appropriate shelter for dogs or other companion animals. Subdivision 1 of this section is amended to add references to companion animals, where necessary, remove paragraph (b) concerning inclement weather, and add the time limit of one hour for an animal to be outside without access to permanent structure.

Subdivision 2 paragraph (a) of this section is amended to raise the fines for a second offense from $100 to $200 at minimum and $250 to $300 at maximum and add the language "unless the violation rises to the level of a violation pursuant to section three hundred fifty-three or section three hundred fifty-three-a of this article. The language "beginning seventy-two hours after a charge of violating this section, each day that a defendant fails to correct the deficiencies in the dog shelter for the dog that he or she owns or that is in his or her custody or control and that is left outdoors, so as to bring it into compliance with the provision of this section shall constitute a separate offense" is removed.

Subdivision 2 paragraph (b) and Subdivision 3 of this section are amended to make proper reference to companion animals, in addition to dogs, replace references to "it" to "animal", and other minor changes.

Subdivision 4-a is added to this section stating that there shall be a presumption that a dog or other companion animal left outside in the following conditions, will be a violation of this subdivision or a violation of section three hundred fifty-three or section three hundred fifty-three-a of this article: (a) a weather warning issued is in effect; or (b) in extremely hear or cold that a reasonable person should know such temperature or weather condition poses a risk to the animal; or if other outdoor environmental conditions, including, but not limited to, wind, rain, snow, ice, sleet, hail, pose a reasonable risk based on the animal's size, age, physical condition, or breed and taking into account the shelter provided for the animal or when the outdoor temperature is below twenty degrees or above ninety degrees Fahrenheit.

Subdivision 5 is amended to not allow animals seized pursuant to the provision of this article to be return to the owner until any criminal charges are concluded and disposition of the animal has been determined by the court. Where charges are dismissed or the defendant is found not guilty, the animal may be returned to the owner if so ordered by the court and upon proof that appropriate shelter has been provided.

Subdivision 6 is amended to specify that nothing in this section shall in anyway supersede or preclude charges pursuant to section three hundred fifty-three or section three hundred fifty-three-a of this article.

Subdivision 7 is added to this section to specify that nothing in this section shall prevent an immediate seizure of a dog or other animal in a dangerous situation due to weather conditions, or the condition of the animal or immediate risk to the animal, or to preclude animals being seized as evidence pursuant to any charge filed for a violation of section three hundred fifty-three or section three hundred fifty-three-a of this article.

Section 5 of this bill states that this act shall take effect on the one hundred twentieth day after it shall have become a law; provided; however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized and directed to be made and completed on or before such effective date.

Justification

This bill updates provisions of New York's Cruelty to Animals Law to fix current enforcement issues and bring the law's strength up to date with other state cruelty laws, such as New Jersey. These changes will not only improve the laws, but increase our ability to prosecute crimes against animals.

First, this bill would extend the definition of companion animals to include other common domesticated animals, such as rabbits, hamsters, and birds. It would also add "adequate care", "shelter" and "reasonably veterinary care" to the Section 353 crime of failing to provide proper sustenance, as a majority of other states already include.

Second, and most importantly, this bill fixes New York's aggravated cruelty to animals law, which is one of the worst in the country. As is, Section 353-a, only applies to companion animals, allowing the crime of intentionally killing or causing serious physical injury to any other animal (with the exception of lawful hunting, trapping, and fishing) to be punished only as a misdemeanor, no matter how horrendous the crime is. In New Jersey and many other states these acts would be covered under their felony cruelty to animals law. This bill amends this section to match how other states treat these crimes.

Likewise, under subdivision 3 of this section, this bill would remove language preventing these crimes from receiving the same sentencing that other crimes of the same degree would under New York's penal law.

Third, this bill fixes issues in Section 353-b concerning appropriate shelter for dogs. The bill extends this section by applying it to other companion animals, such as cats. Subdivision 2 of this section is amended to specify that this violation could rise to a Section 353 or 353-a violation. This bill also creates a presumption that there is a violation of this

Section or Section 353 or 353-a where a dog is left outdoors for more than one hour:

1. When a weather warning issued is in effect;

2. In extreme heat or cold that a reasonable person should know poses a risk to the animal; or

3. Where the temperature is below 20 degrees or above 90 degrees Fahrenheit.

Veterinary experts, including the American Veterinary Medical Association, publicly acknowledge that cats and dogs should be kept inside during cold weather and no pet-no matter the breed-should be left outside for long periods of time in below-freezing weather.

Other weather conditions, such as wind-chill can threaten a pet's life. Pets are extremely sensitive to severe cold and are at risk for frostbite and hypothermia during extreme cold. Exposed skin on noses, ears and paw pads can quickly freeze and suffer permanent damage. Despite this knowledge, some pets continue to be left outdoors in extreme weather conditions.

For example, just this year during Winter Storm Jonas when a historic 27. 5 inches of snow covered New York City, two short-haired pitbulls were left outside all night crying and whimpering. While authorities were called multiple times and had previously been called on different occasions, the dogs remained outside. See http://www.dailymail.co.uk/news/article-3414124/Shocking-video-two-ol d-dogs-whimpering-crying-snowedwinter-storm-Jonas-left-OUTSIDE.html.

Lastly, this bill prevents an animal seized pursuant to these sections from being returned to the owner until criminal charges are concluded and disposition of the animal has been determined by the court. The bill also adds a final section stating that nothing in this section shall prevent an immediate seizure of a dog or companion animal in a dangerous situation or preclude animals being seized as evidence pursuant to any charge filed for a violation of Section 353 or 353-a.

Legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect on the one hundred twentieth day after it shall have become a law; provided; however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized and directed to be made and completed on or before such effective date.