STATE OF NEW YORK ________________________________________________________________________ 4464 2017-2018 Regular Sessions IN ASSEMBLY February 2, 2017 ___________ Introduced by M. of A. SEPULVEDA -- read once and referred to the Committee on Agriculture AN ACT to amend the agriculture and markets law, in relation to danger- ous dogs The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1, paragraph (c) of subdivision 3, and subdivi- 2 sion 6 of section 123 of the agriculture and markets law, subdivision 1 3 as amended and such section as renumbered by section 18 of part T of 4 chapter 59 of the laws of 2010, paragraph (c) of subdivision 3 as added 5 and subdivision 6 as amended by chapter 392 of the laws of 2004, are 6 amended to read as follows: 7 1. Any person who witnesses an attack or threatened attack, or in the 8 case of a minor, an adult acting on behalf of such minor, may make a 9 complaint of an attack or threatened attack upon a person, companion 10 animal as defined in section three hundred fifty of this chapter, farm 11 animal as defined in such section three hundred fifty, or a domestic 12 animal as defined in subdivision seven of section one hundred eight of 13 this article to a dog control officer or police officer of the appropri- 14 ate municipality. Such officer shall: 15 (a) immediately inform the complainant of his or her right to commence 16 a proceeding as provided in subdivision two of this section; and[,] 17 (b) determine if there is reason to believe that the dog is a danger- 18 ous dog[,] before leaving the scene. If the officer determines that 19 there is a reason to believe the dog is a dangerous dog, the officer 20 shall forthwith commence such proceeding himself or herself. When 21 making such a determination, the officer shall articulate whether he or 22 she believes that the dog (i) attacked or threatened to attack the 23 person, companion animal or domestic animal without justification, or 24 (ii) behaves in a manner which a reasonable person would believe poses a 25 serious and unjustified imminent threat of serious physical injury or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08074-01-7

A. 4464 2 1 death to one or more persons, companion animals, farm animals or domes- 2 tic animals. 3 (c) the dog, without justification, caused serious physical injury or 4 death to a companion animal, farm animal or domestic animal, and has, in 5 the past two years, caused unjustified physical injury or death to a 6 companion [or] animal, farm animal or domestic animal as evidenced by a 7 "dangerous dog" finding pursuant to the provisions of this section. 8 6. The owner of a dog who, through any act or omission, negligently 9 permits his or her dog to bite a person, service dog, guide dog [or], 10 hearing dog, companion animal or domestic animal causing physical injury 11 shall be subject to a civil penalty not to exceed four hundred dollars 12 in addition to any other applicable penalties. 13 § 2. This act shall take effect immediately.

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