What's happening
This bill increases penalties for killing a police work dog or horse to a class D felony and creates a new class E felony for injuring them.
Why it matters
Increases the legal consequences for harming police animals. , signaling that the state sees attacks on law enforcement animals as serious offenses, potentially deterring such acts and reinforcing the value placed on these animals’ roles.
Creates a distinction between killing and injuring police work dogs or horses. , introducing a new felony for causing “serious physical injury” (not just death), which broadens the scope of prosecutable offenses and may lead to more frequent charges in cases where animals are harmed but not killed.
Defines “police work dog” and “police work horse” clearly in law. , which could help avoid ambiguity in prosecutions and ensures that protections explicitly cover animals owned by various law enforcement agencies, including federal, state, and municipal.
May impact the way law enforcement agencies train, deploy, and advocate for their animal partners. , since enhanced penalties could influence both public awareness and internal policies regarding the protection of these service animals.
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Who cares
Headline styles
Stronger Penalty for Police Animal
Plain English, a few words. Used as the page title.
Sponsors
History
- Recommit, enacting clause stricken
- Referred to codes
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.
Tougher Penalty for Police Animal Killers
In Senate Committee · Codes · Sponsor James Tedisco
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1035
2019-2020 Regular Sessions
IN SENATE
January 10, 2019
Introduced by Sens. YOUNG, AKSHAR, AMEDORE, FUNKE, GALLIVAN, HELMING, JACOBS, O'MARA, RITCHIE, SERINO, SEWARD, TEDISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to elevating the severity of the felony offense of killing a police work dog or police work horse and establishing the class E felony offense of injuring a police work dog or police work horse
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The closing paragraph of section 195.06-a of the penal law, as added by chapter 162 of the laws of 2013, is amended to read as follows:
Killing a police work dog or police work horse is a class [E] D felony.
§ 2. The penal law is amended by adding a new section 195.06-b to read as follows: § 195.06-b Injuring a police work dog or police work horse.
A person is guilty of injuring a police work dog or police work horse when such person intentionally causes serious physical injury to a police work dog or police work horse while such dog or horse is in the performance of its duties and under the supervision of a police officer. For purposes of this section, "police work dog" or "police work horse," as the case may be, shall mean any dog or horse owned or harbored by any state or municipal police department or any state or federal law enforcement agency, which has been trained to aid law enforcement officers and is actually being used for police work purposes.
Injuring a police work dog or police work horse is a class E felony.
§ 3. This act shall take effect the first of November next succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03857-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to elevating the severity of the felony offense of killing a police work dog or police work horse and establishing the class E felony offense of injuring a police work dog or police work horse
Purpose
The purpose of this bill is to increase penalties for the injury or killing of a police work dog or police work horse.
Summary of provisions
Section 1: Amends Subdivision section 195.06-a of the penal law to elevate the existing crime of killing a police work dog or police work horse from a class E felony to a class D felony.
Section 2 creates a new penal law section 195.06-b to create the specif- ic offense of injuring a police work dog or a police work horse, punish- able as a class E felony.
Justification
On November 15, 2016, Jamestown Police Department K-9 Officer Mitchell, a six-year-old German Shepherd who has been a member of the Jamestown Police Department since 2011, was grievously injured during a confronta- tion with suspected murderer Keith Robbins following a six-hour stan- doff. During the apprehension of Robbins, K-9 Officer Mitchell was stabbed in the throat and under his jaw, causing the knife to penetrate his tongue, resulting in emergency surgery for his injuries.
Currently, an individual who intentionally and seriously injures a police animal in the performance of his duties can be charged pursuant to Section 195.06 of the penal law and if found guilty would be subject to a class A misdemeanor, punishable by up to less than a year in pris- on.
This bill would carve out a separate felony offense for those who seri- ously and intentionally injure a police work dog or police work horse in the performance of their duties while such animal is under the super- vision of a police officer.
Police work animals, especially dogs, have been subject to numerous hours of specialized training involving a significant investment of police force time and financial resources. They, as well as police hors- es are often used in highly dangerous situations and have been trained to work at great risk to themselves. Over the years, state and federal law enforcement agencies have become more and more reliant upon police dogs like K-9 Officer Mitchell, which are, as a result of their height- ened senses, vital to crime solving, rescue, and recovery efforts. With the increase in homeland security threats, police dogs have become even more critical in bomb sniffing, and risk detection situations. They are also vital in illegal drug detection efforts.
Police work horses are critical to crowd control, filling in where police alone and vehicles are insufficient. These animals have been trained to ignore risk and to proceed into dangerous and life-threaten- ing situations for the good of the public. They are truly acting as "public servants" when fulfilling their duties and like police officers, should enjoy an increased level of protection.
States including, California, Indiana, Ohio, Massachusetts, New Jersey, Ohio, Oregon and Utah have seen fit to elevate the offense of injury to police animals to felony status. Those who intentionally and seriously injure these true public servants should be deterred from violence toward them, be held to a higher standard of accountability and be subject to appropriate punishment.
Legislative history
2017,2018: S.961/A.6737 Passed Senate/held for consideration in codes
Fiscal implications
None.
Effective date
The first of November after having become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.