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S1899Senate2019-2020 SessionSame asA658

Ban Animal Abusers from Shelters

Official title

“Prohibits persons who have been convicted of animal cruelty from working at an animal shelter”

Sponsor Patrick M. GallivanSD-59+2 co-sponsorsAffects Economy
Status
In Senate Committee
Agriculture
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Agriculture

What's happening

This bill prohibits individuals convicted of certain animal cruelty offenses from working or volunteering at animal shelters or similar organizations.

Why it matters

  1. Targets individuals with proven animal cruelty offenses. The bill specifically bars those convicted under New York’s core animal cruelty statutes—including animal abuse, dogfighting, and abandonment—from any paid or volunteer position at shelters, humane societies, or similar organizations, directly addressing concerns about recidivism and animal safety.

  2. Covers a wide range of roles and facilities. Restrictions apply not only to frontline workers like animal control officers, but also to any staff or volunteers at a broad set of animal welfare organizations, closing potential loopholes that could allow abusers access to vulnerable animals.

  3. Establishes clear criminal penalties for violations. Anyone found working or volunteering in violation of this law would face a class A misdemeanor charge, which can result in up to one year in jail and/or a significant fine, signaling the seriousness of compliance.

  4. Exempts court-ordered community service. The bill ensures those assigned to animal-related community service by a court are not subject to the ban, allowing the justice system discretion in rehabilitation or restorative justice cases, while still protecting organizations’ ability to screen other volunteers.

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Who cares

Headline styles

Ban Animal Abusers from Shelters

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Patrick M. Gallivan

Senator · Senate District 59

History

  1. Referred to agriculture
  2. Reported and committed to codes
  3. 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.

A658Assembly

Ban Animal Abusers from Shelters

In Assembly Committee · Agriculture · Sponsor Amy Paulin

Impact 4 · Low0% to pass

Full text

3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1899

2019-2020 Regular Sessions

IN SENATE

January 17, 2019

Introduced by Sen. GALLIVAN -- 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 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 another, or deprives any animal of necessary sustenance, food or drink,

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

[ ] is old law to be omitted.

LBD02744-01-9

S. 1899 2

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:

S. 1899 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.

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 limiting the right of a person who has violated certain animal cruelty statutes from working at an animal shelter

Purpose

To prohibit people who are convicted of animal cruelty from working in positions that place them in direct control of animal care.

Summary of provisions

Sections 351, 353-a, 353, and 355 of the agriculture and markets law are amended by adding a new subdivision which states that no person in violation of the section is allowed to be a dog or animal control offi- cer, or work at an animal shelter, pound, humane society, animal protec- tive association, or society for the prevention of cruelty to animals. This restriction will not prevent the court from sentencing a person to community service in such a facility.

Justification

There have been numerous instances of animal abuse that occur in estab- lishments created to protect and care for animals. Often, the accused are managers or employees of such establishments. Currently, there is nothing preventing them from remaining in these positions, or being hired in the future. For the same reason that sex offenders are not allowed to be hired as daycare workers, convicted animal abusers should not be in a position to oversee the care of animals.

Legislative history

2017-18: S.2937/A.3903 Passed Senate/Referred to Agriculture 2015-16: S.79 Passed Senate/Referred to Agriculture 2013-14: S.583-D Passed Senate/Referred to Agriculture

Fiscal implications

None.

Effective date

This act shall take effect thirty days after it becomes a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.