What's happening
This bill prohibits people convicted of certain animal cruelty offenses from working or volunteering at animal shelters or related organizations.
Why it matters
Statewide reach. The restrictions would extend across New York to dog control and animal control officer positions, not just shelter jobs. They would bar covered individuals from remaining in existing positions as well as accepting new ones.
New criminal exposure. Taking or keeping a prohibited position would itself be a class A misdemeanor for the officer, employee or volunteer. The bill would take effect 30 days after becoming law.
Court-service exception. People ordered by a court to perform community service at the listed organizations would not count as volunteers under the ban, preserving that route for court-required service.
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Who cares
Animal shelters, pounds and incorporated humane societies
The bill would restrict who could serve on their paid staffs and volunteer rosters, including people already in those roles.
Dog control and animal control officers
Officers with covered convictions would be barred from accepting or remaining in their positions and could face a class A misdemeanor for violating the restriction.
People convicted under the covered animal cruelty statutes
The bill would add employment and volunteer restrictions tied to their convictions, including convictions for animal abandonment.
Courts assigning community service
The bill would exclude court-ordered service at the listed organizations from its definition of volunteering.
Headline styles
Ban Animal Abusers from Shelters
Plain English, a few words. Used as the page title.
Sponsors
8 Co-sponsors
3 Multi-sponsors
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.
Bar Animal Abusers from Shelters
In Assembly Committee · Agriculture · Sponsor Patrick M. Gallivan
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3903
2017-2018 Regular Sessions
IN ASSEMBLY
January 30, 2017
Introduced by M. of A. PAULIN, GUNTHER, GALEF, MOSLEY, ZEBROWSKI, ROSEN- THAL, OTIS -- Multi-Sponsored by -- M. of A. COLTON, COOK, THIELE -read once and referred to the Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to limiting the right of a person who has violated certain animal cruelty statutes from working at an animal shelter
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 353-a of the agriculture and markets law is amended by adding a new subdivision 4 to read as follows:
4. No person who is convicted of a violation of this section shall be allowed to accept or remain in a position as a dog control officer, animal control officer, or as a paid employee or volunteer at the following types of establishments: an animal shelter, pound, duly incorporated humane society, duly incorporated animal protective association, or duly incorporated society for the prevention of cruelty to animals, on and after the effective date of this subdivision. For the purposes of this subdivision, the term "volunteer" shall not include anyone required by court order to fulfill a community service requirement in service at any animal shelter, pound, duly incorporated humane society, duly incorporated animal protective association, or duly incorporated society for the prevention of cruelty to animals. Any dog control officer, animal control officer or paid employee or volunteer found in violation of this subdivision shall be guilty of a class A misdemeanor.
§ 2. Section 353 of the agriculture and markets law, as amended by chapter 458 of the laws of 1985 and the opening paragraph as amended by chapter 523 of the laws of 2005, is amended to read as follows:
§ 353. Overdriving, torturing and injuring animals; failure to provide proper sustenance. 1. A person who overdrives, overloads, tortures or cruelly beats or unjustifiably injures, maims, mutilates or kills any animal, whether wild or tame, and whether belonging to himself or to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00087-02-7
A. 3903 2
another, or deprives any animal of necessary sustenance, food or drink, or neglects or refuses to furnish it such sustenance or drink, or causes, procures or permits any animal to be overdriven, overloaded, tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or killed, or to be deprived of necessary food or drink, or who wilfully sets on foot, instigates, engages in, or in any way furthers any act of cruelty to any animal, or any act tending to produce such cruelty, is guilty of a class A misdemeanor and for purposes of paragraph (b) of subdivision one of section 160.10 of the criminal procedure law, shall be treated as a misdemeanor defined in the penal law.
2. Nothing herein contained shall be construed to prohibit or interfere with any properly conducted scientific tests, experiments or investigations, involving the use of living animals, performed or conducted in laboratories or institutions, which are approved for these purposes by the state commissioner of health. The state commissioner of health shall prescribe the rules under which such approvals shall be granted, including therein standards regarding the care and treatment of any such animals. Such rules shall be published and copies thereof conspicuously posted in each such laboratory or institution. The state commissioner of health or his duly authorized representative shall have the power to inspect such laboratories or institutions to insure compliance with such rules and standards. Each such approval may be revoked at any time for failure to comply with such rules and in any case the approval shall be limited to a period not exceeding one year.
3. No person who is convicted of a violation of this section shall be allowed to accept or remain in a position as a dog control officer, animal control officer, or as a paid employee or volunteer at the following types of establishments: an animal shelter, pound, duly incorporated humane society, duly incorporated animal protective association, or duly incorporated society for the prevention of cruelty to animals, on and after the effective date of this subdivision. For the purposes of this subdivision, the term "volunteer" shall not include anyone required by court order to fulfill a community service requirement in service at any animal shelter, pound, duly incorporated humane society, duly incorporated animal protective association, or duly incorporated society for the prevention of cruelty to animals. Any dog control officer, animal control officer or paid employee or volunteer found in violation of this subdivision shall be guilty of a class A misdemeanor.
§ 3. Section 351 of the agriculture and markets law is amended by adding a new subdivision 7 to read as follows:
7. No person who is convicted of a violation of this section shall be allowed to accept or remain in a position as a dog control officer, animal control officer, or as a paid employee or volunteer at the following types of establishments: an animal shelter, pound, duly incorporated humane society, duly incorporated animal protective association, or duly incorporated society for the prevention of cruelty to animals, on and after the effective date of this subdivision. For the purposes of this subdivision, the term "volunteer" shall not include anyone required by court order to fulfill a community service requirement in service at any animal shelter, pound, duly incorporated humane society, duly incorporated animal protective association, or duly incorporated society for the prevention of cruelty to animals. Any dog control officer, animal control officer or paid employee or volunteer found in violation of this subdivision shall be guilty of a class A misdemeanor.
§ 4. Section 355 of the agriculture and markets law, as amended by chapter 458 of the laws of 1985, is amended to read as follows:
A. 3903 3
§ 355. Abandonment of animals. 1. A person being the owner or possessor, or having charge or custody of an animal, who abandons such animal, or leaves it to die in a street, road or public place, or who allows such animal, if it become disabled, to lie in a public street, road or public place more than three hours after he receives notice that it is left disabled, is guilty of a misdemeanor, punishable by imprisonment for not more than one year, or by a fine of not more than one thousand dollars, or by both.
2. No person who is convicted of a violation of this section shall be allowed to accept or remain in a position as a dog control officer, animal control officer, or as a paid employee or volunteer at the following types of establishments: an animal shelter, pound, duly incorporated humane society, duly incorporated animal protective association, or duly incorporated society for the prevention of cruelty to animals, on and after the effective date of this subdivision. For the purposes of this subdivision, the term "volunteer" shall not include anyone required by court order to fulfill a community service requirement in service at any animal shelter, pound, duly incorporated humane society, duly incorporated animal protective association, or duly incorporated society for the prevention of cruelty to animals. Any dog control officer, animal control officer or paid employee or volunteer found in violation of this subdivision shall be guilty of a class A misdemeanor.
§ 5. This act shall take effect on the thirtieth day after it shall have become a law.
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