What's happening
This bill prohibits individuals convicted of certain animal cruelty offenses from working or volunteering at animal shelters or related organizations.
Why it matters
Expands background checks and disqualification criteria. for employment and volunteer positions at animal shelters, humane societies, and related organizations, requiring these entities to ensure that individuals with convictions for specific animal cruelty offenses are not hired or retained.
Establishes a new criminal penalty. anyone convicted of relevant animal cruelty statutes who nevertheless secures or remains in a prohibited role (employee, volunteer, or animal/dog control officer) commits a class A misdemeanor, which could include jail time and/or fines.
Specifically excludes court-ordered community service volunteers. from the ban, ensuring that individuals fulfilling legal obligations are not automatically barred from such service, while still restricting voluntary or paid positions.
Aims to safeguard animal welfare and organizational integrity. by preventing individuals with a proven history of animal cruelty from gaining positions of trust or access to vulnerable animals, potentially reducing risk to animals and improving public confidence in these institutions.
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Who cares
Headline styles
Ban Animal Abusers from Shelters
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to agriculture
- Referred to agriculture
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1278
2025-2026 Regular Sessions
IN SENATE
January 9, 2025
Introduced by Sens. GALLIVAN, MURRAY -- 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] such person or to another, or deprives any animal of necessary sustenance,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04114-01-5
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:
§ 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] such person 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
2023-24: S.233 Referred to Agriculture
2021-22: S.2636 Referred to Agriculture
2019-20: S.1899/A.658 Reported to Codes/Referred to Agriculture
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.