What's happening
This bill increases penalties for owners of dangerous dogs that cause injury and adds further investigation for certain felony offenders.
Why it matters
Significantly increases financial and criminal penalties for owners of dangerous dogs. raising fines up to $5,000 and upgrading certain offenses from misdemeanors to class E felonies, which can mean up to two years in prison. This makes the legal consequences for negligent dog ownership much more serious.
Targets repeat and serious offenses. if a dog previously determined “dangerous” attacks again and causes serious injury, the owner faces felony charges rather than a misdemeanor, emphasizing heightened accountability for owners of known-dangerous animals.
Adds enhanced scrutiny for certain felony offenders. owners convicted under these provisions who have past felonies related to violent crimes (as defined by title H of the penal law) will be subject to further investigation, including searches and possible seizure of illegal materials, potentially uncovering broader patterns of criminal behavior.
Aims to deter negligent dog ownership and promote public safety. by increasing the consequences and monitoring individuals with violent criminal histories, the bill seeks to reduce the risk of serious dog attacks and address broader community safety concerns.
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Who cares
Headline styles
Increase Dangerous Dog Penalties
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to agriculture
- Referred to agriculture
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4461
2017-2018 Regular Sessions
IN SENATE
February 15, 2017
Introduced by Sen. TEDISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to increasing penalties for the owners of dangerous dogs
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivisions 6, 7 and 8 of section 123 of the agriculture and markets law, subdivision 6 as amended by chapter 392 of the laws of 2004, subdivisions 7 and 8 as amended by chapter 526 of the laws of 2005, and such section as renumbered by section 18 of part T of chapter 59 of the laws of 2010, are amended and a new subdivision 15 is added to read as follows:
6. The owner of a dog who, through any act or omission, negligently permits his or her dog to bite a person[, service dog, guide dog] or [hearing] dog causing physical injury shall be subject to a civil penalty not to exceed [four hundred] one thousand dollars in addition to any other applicable penalties.
7. The owner of a dog who, through any act or omission, negligently permits his or her dog to bite a person causing serious physical injury shall be subject to a civil penalty up to a class E felony punishable by a fine of not to exceed [one] five thousand [five hundred] dollars in addition to any other applicable penalties. Any such penalty may be reduced by any amount which is paid as restitution by the owner of the dog to the person or persons suffering serious physical injury as compensation for unreimbursed medical expenses, lost earnings and other damages resulting from such injury.
8. The owner of a dog who, through any act or omission, negligently permits his or her dog, which had previously been determined to be dangerous pursuant to this article, to bite a person causing serious physical injury, shall be guilty of a [misdemeanor] class E felony punishable by a fine of not more than [three] five thousand dollars, or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06487-01-7
S. 4461 2
by a period of imprisonment not to exceed [ninety days] two years, or by both such fine and imprisonment in addition to any other applicable penalties. Any such fine may be reduced by any amount which is paid as restitution by the owner of the dog to the person or persons suffering serious physical injury as compensation for unreimbursed medical expenses, lost earnings and other damages resulting from such injury.
15. Any person found to be in violation of subdivision six, seven or eight of this section and who has ever been convicted of any felony offense under title H of part three of the penal law shall be subject to further investigation, including, but not limited to a search of such person's personal and real property and the seizure of any illegal materials.
§ 2. This act shall take effect on the sixtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the agriculture and markets law, in relation to increasing penalties for the owners of dangerous dogs
Purpose
The purpose of this bill is to deter violent offenders from purchasing and raising possibly dangerous dogs.
Summary of provisions
Section 1: Amends subdivisions 6, 7 and 8 and adds subsection 15 to section 123 of the Agriculture and Markets law.
Subsection 6 is amended to increase penalties from a fine not to exceed $400 to a fine not to exceed $1000.
Subsection 7 is amended to increase penalties from a fine not to exceed $1000 to a fine not to exceed $5000 while increasing the punishment from a single civil penalty up to a class E felony.
Subsection 8 is amended to increase the penalty of a dangerous dog injuring an individual from a misdemeanor to a Class E Felony, punishable by a fine up to $5000 and imprisonment for up to two years.
Creates Subsection 15 which, in the case that the owner of a dangerous dog is found to have previous convictions of violent crimes including race, assault, sexual assault and robbery, shall be subject to the search and seizure of illegal materials on their persons or personal property.
Justification
In Schenectady, as well as many other cities and communities across the state, we have a problem with gang violence, drugs and sexual assaults. What we are finding is that commonly, owners of these vicious dogs are tied to incidents such as these and have already been previously convicted of violent crimes.
These individuals use dangerous dogs as status symbols and tools of intimidation. They raise these dogs to be violent protectors and when not properly restrained and cared for these animals can get out and cause serious injury to innocent men, women and children who live in the community.
There also has been a rash of recent attacks by dangerous dog across the State of New York with attacks on Long Island, New York City and Rochester, to name a few, this is an issue fading the state as a whole and not my one specific community.
This bill does not focus on any certain breed of dog but on criminally irresponsible dog owners who create an environment where their dog is taught to be vicious and can attack and harm others.
Bill history
New Bill
Effective date
This act shall take of effect on the sixteenth day after it becomes law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.