S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2593

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced  by  M.  of  A. GLICK, PHEFFER, DINOWITZ, McDONOUGH -- Multi-
  Sponsored by -- M. of A.  FARRELL, GALEF, GOTTFRIED, McENENY,  PEOPLES
  -- read once and referred to the Committee on Codes

AN  ACT  to  amend  the penal law, in relation to including the theft of
  dogs and cats within the crime of grand larceny in the  fourth  degree
  in certain cases

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 155.00 of the penal law is amended by adding a  new
subdivision 10 to read as follows:
  10.  "PET"  MEANS  A  DOG  OR  A CAT WHICH IS HARBORED BY THE OWNER OR
LAWFUL CUSTODIAN OF SUCH DOG OR CAT IN A DWELLING OR WITHIN AN ENCLOSURE
OR YARD WHICH IS CONTAINED WITHIN THE REAL  PROPERTY  BOUNDARY  LINE  OF
SUCH  DWELLING.    FOR  PURPOSES  OF THIS SUBDIVISION, "HARBOR" MEANS TO
PROVIDE FOOD AND SHELTER TO A DOG OR CAT.
  S 2. Section 155.30 of the penal law is amended by adding a new subdi-
vision 8-a to read as follows:
  8-A. THE PROPERTY, REGARDLESS OF ITS VALUE, CONSISTS OF A PET WHICH IS
TAKEN FROM THE PERSON OF THE OWNER OR OF THE LAWFUL  CUSTODIAN  OF  SUCH
PET,  FROM THE DWELLING OF THE OWNER OR LAWFUL CUSTODIAN OF SUCH PET, OR
FROM ANY ENCLOSURE OR YARD CONTAINED WITHIN THE REAL  PROPERTY  BOUNDARY
LINE OF SUCH DWELLING.
  S 3. This act shall take effect on the first of November next succeed-
ing 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.
                                                           LBD04527-01-9