Move Animal Cruelty Into Penal Law

Section 1. Sections 350, 351, 353, 353-a, 353-b, 353-c, 353-d, 353-e, 353-f, 354, 355, 356, 359, 360, 361, 362, 363, 364, 365, 366, 366-a, 368, 375 and 376 of the agriculture and markets law are REPEALED.

§ 2. Subdivision 8 of section 374 of the agriculture and markets law is REPEALED.

§ 3. Part 3 of the penal law is amended by adding a new title Q to read as follows:

TITLE Q

OFFENSES AGAINST ANIMALS

ARTICLE 280

OFFENSES AGAINST ANIMALS Section 280.00 Offenses against animals; definitions of terms.

280.05 Facilitating animal fighting in the first degree.

280.06 Facilitating animal fighting in the second degree.

280.07 Facilitating animal fighting in the third degree.

280.10 Overdriving, torturing or injuring animals; failure to

provide proper sustenance.

280.15 Aggravated cruelty to animals.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD02155-01-9

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280.20 Failure to provide appropriate shelter for a dog left

outdoors.

280.25 Electrocution of fur-bearing animals.

280.30 Confinement of a companion animal in a vehicle; extreme

temperatures.

280.35 Participation in a prohibited practice at a companion

animal grooming facility.

280.40 Piercing and tattooing of a companion animal.

280.45 Unlawful sale of baby chicks and baby rabbits.

280.50 Abandonment of an animal.

280.55 Failure to provide proper food and drink to impounded

animals.

280.60 Carrying an animal in a cruel manner.

280.65 Poisoning or attempting to poison animals in the first

degree.

280.66 Poisoning or attempting to poison animals in the second

degree.

280.70 Interference with or injury to certain domestic animals.

280.75 Throwing a substance injurious to animals in a public

place.

280.80 Unauthorized possession of dogs; presumptive evidence of

larceny.

280.85 Running horses on a highway.

280.90 Clipping or cutting the ears of a dog.

280.95 Stealing a companion animal.

280.100 Removing, seizing or transporting a dog for research

purposes.

280.105 Unlawfully operating upon the tails of horses.

280.110 Evidentiary and impoundment procedures by members of law

enforcement.

280.115 Disposition of animals through forfeiture procedures

after conviction.

280.120 Officer may take possession of animals or implements

used in fights among animals.

280.125 Disposition of animals or implements used in fights

among animals. § 280.00 Offenses against animals; definitions of terms.

The following definitions are applicable to this article:

(a) "Animal" includes every living creature except a human being.

(b) "Torture" or "cruelty" includes every act, omission, or neglect, whereby unjustifiable physical pain, suffering or death is caused or permitted.

(c) "Adoption" means the delivery to any natural person eighteen years of age or older, for the limited purpose of harboring a pet seized or surrendered.

(d) "Farm animal" means any ungulate, poultry, species of cattle, sheep, swine, goats, llamas, horses or fur-bearing animals, as defined in section 11-1907 of the environmental conservation law, which are raised for commercial or sustenance purposes. Fur-bearing animal shall not include dogs or cats.

(e) "Companion animal" or "pet" means any dog or cat, and shall also mean any other domesticated animal normally maintained in or near the household of the owner or person who cares for such other domesticated animal. "Pet" or "companion animal" shall not include a "farm animal" as defined in subdivision (d) of this section.

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(f) "Animal fighting" shall mean any fight between cocks or other birds, or between dogs, bulls, bears or any other animal, or between any such animal and a person or persons, except in exhibitions of a kind commonly featured at rodeos.

(g) "Animal fighting paraphernalia" shall mean equipment, products, or materials of any kind that are used, intended for use, or designed for use in the training, preparation, conditioning or furtherance of animal fighting. Animal fighting paraphernalia shall include the following:

(i) a breaking stick, which means a device designed for insertion behind the molars of a dog for the purpose of breaking the dog's grip on another animal or object;

(ii) a cat mill, which means a device that rotates around a central support with one arm designed to secure a dog and one arm designed to secure a cat, rabbit, or other small animal beyond the grasp of the dog;

(iii) a treadmill, which means an exercise device consisting of an endless belt on which the animal walks or runs without changing places;

(iv) a springpole, which means a biting surface attached to a stretchable device, suspended at a height sufficient to prevent a dog from reaching the biting surface while touching the ground;

(v) a fighting pit, which means a walled area, or otherwise defined area, designed to contain an animal fight; or

(vi) any other instrument commonly used in the furtherance of pitting an animal against another animal.

(h) "Physical condition" shall include any special medical needs of a dog due to disease, illness, injury, age or breed about which the owner or person with custody or control of the dog should reasonably be aware.

(i) "Inclement weather" shall mean weather conditions that are likely to adversely affect the health or safety of a dog, including but not limited to, rain, sleet, ice, snow, wind, or extreme heat and cold.

(j) "Dogs that are left outdoors" shall mean dogs that are outdoors in inclement weather without ready access to, or the ability to enter, a house, apartment building, office building, or any other permanent structure that complies with the standards established under paragraph (ii) of subdivision (b) of section 280.20 of this article.

(k) "Fur-bearing animal" shall include arctic fox, red fox, silver fox, chinchilla, mink, pine marten, muskrat, and those fur-bearing animals included within the provisions of section 11-1907 of the environmental conservation law.

(l) "Cage and box dryer" shall mean a product that is attached to or near a cage or box for the purpose of drying or aiding in the drying of a companion animal contained in a cage or box, which is capable of functioning without a person manually holding a dryer.

(m) "Companion animal grooming facility" shall mean an establishment where a companion animal may be bathed, brushed, clipped or styled for a fee.

(n) "Tattoo" shall mean a mark on the body made with indelible ink or pigments injected beneath the outer layer of the skin.

(o) "Baby rabbit" shall mean a rabbit of less than two months of age. § 280.05 Facilitating animal fighting in the first degree.

A person is guilty of facilitating animal fighting in the first degree when he or she:

(a) for amusement or gain, causes any animal to engage in animal fighting; or

(b) trains any animal under circumstances evincing an intent that such animal engage in animal fighting for amusement or gain; or

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(c) breeds, sells or offers for sale any animal under circumstances evincing an intent that such animal engage in animal fighting; or

(d) permits any act described in subdivision (a), (b) or (c) of this section to occur on premises under his or her control; or

(e) owns, possesses or keeps any animal trained to engage in animal fighting on premises where an exhibition of animal fighting is being conducted under circumstances evincing an intent that such animal engage in animal fighting.

Facilitating animal fighting in the first degree is a class D felony. § 280.06 Facilitating animal fighting in the second degree.

A person is guilty of facilitating animal fighting in the second degree when he or she:

(a) owns, possesses or keeps any animal under circumstances evincing an intent that such animal engage in animal fighting;

(b) paid an admission fee or made a wager at any place where an exhibition of animal fighting is being conducted;

(c) knowingly participates as a spectator at any place where an exhibition of animal fighting is being conducted and has been previously found guilty of such offense or for violating subdivision (b) of this section in the previous five years; or

(d) intentionally owns, possesses, sells, transfers or manufactures animal fighting paraphernalia with the intent to engage in or otherwise promote or facilitate animal fighting and has been previously found guilty of such offense in the previous five years.

Facilitating animal fighting in the second degree is a class A misdemeanor. § 280.07 Facilitating animal fighting in the third degree.

A person is guilty of facilitating animal fighting in the third degree when he or she:

(a) knowingly participates as a spectator at any place where an exhibition of animal fighting is being conducted; or

(b) intentionally owns, possesses, sells, transfers or manufactures animal fighting paraphernalia, as defined in subdivision (g) of section 280.00 of this article, with the intent to engage in or otherwise promote or facilitate animal fighting.

Facilitating animal fighting in the third degree is a class B misdemeanor. § 280.10 Overdriving, torturing or injuring animals; failure to provide

proper sustenance.

(a) A person is guilty of overdriving, torturing, injuring or failing to provide proper sustenance to an animal if he or she:

(i) overdrives, overloads, tortures, beats or unjustifiably injures, maims, mutilates or kills any animal, whether wild or tame, and whether belonging to such person or to another;

(ii) deprives any animal of necessary food or drink by neglecting or refusing to furnish an animal with such food or drink;

(iii) causes, procures or permits any animal to be overdriven, overloaded, tortured, beaten, or unjustifiably injured, maimed, mutilated or killed;

(iv) causes, procures or permits any animal to be deprived of necessary food or drink; or

(v) wilfully instigates, engages in, or in any way furthers any act of cruelty to any animal, or any act tending to produce such cruelty.

(b) Nothing in this section 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

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in laboratories or institutions, which are approved for these purposes by the commissioner of health. The 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 commissioner of health or his or her 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.

Overdriving, torturing or injuring animals or failing to provide sustenance to an animal is a class A misdemeanor. § 280.15 Aggravated cruelty to animals.

(a) A person is guilty of aggravated cruelty to animals when he or she, with no justifiable purpose, intentionally kills or intentionally causes serious physical injury to a companion animal with aggravated cruelty. For purposes of this section, "aggravated cruelty" shall mean conduct which:

(i) is intended to cause extreme physical pain; or

(ii) is done or carried out in an especially depraved or sadistic manner.

(b) Nothing contained in this section shall be construed to prohibit or interfere in any way with anyone lawfully engaged in hunting, trapping, or fishing, as provided in article eleven of the environmental conservation law; the dispatch of rabid or diseased animals, as provided in article twenty-one of the public health law; the dispatch of animals posing a threat to human safety or other animals, where such action is otherwise legally authorized; or any properly conducted scientific tests, experiments, or investigations involving the use of living animals, performed or conducted in laboratories or institutions approved for such purposes by the commissioner of health pursuant to subdivision (b) of section 280.10 of this article.

Aggravated cruelty to animals is a class D felony. § 280.20 Failure to provide appropriate shelter for a dog left outdoors.

(a) A person is guilty of failing to provide appropriate shelter for a dog left outdoors, as defined in subdivision (j) of section 280.00 of this article, when he or she knowingly fails to provide appropriate shelter specific to the breed and physical condition of such dog and the climate outdoors.