Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to codes |
Dec 21, 2009 |
referred to rules |
Senate Bill S6354
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-S6354 (ACTIVE) - Details
2009-S6354 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6354 TITLE OF BILL : An act to amend the penal law, in relation to theft of a companion animal or pet PURPOSE OR GENERAL IDEA OF BILL : Creates first and second degree pet theft offenses. SUMMARY OF SPECIFIC PROVISIONS : * The penal law is amended by adding three new sections; 165.75, 165.76, and 165.77 JUSTIFICATION : Pets often provide companionship that mirrors that of a best friend or loved one. When a pet is stolen, it feels as if a loved one has been kidnapped. Unfortunately, the law does not currently acknowledge the severity of loss in these sad situations. Pet theft is currently prosecuted, if at all, as a petit larceny, misdemeanor offense - supposing the loss of a beloved pet is similar to that of any stolen personal property. Pets, however, occupy a special place in our hearts, homes and society and should, therefore, be distinguished under the law. This measure creates the first and second degree felony offenses of
2009-S6354 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6354 2009-2010 Regular Sessions I N S E N A T E December 21, 2009 ___________ Introduced by Sen. KLEIN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the penal law, in relation to theft of a companion animal or pet THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The penal law is amended by adding three new sections 165.75, 165.76 and 165.77 to read as follows: S 165.75 DEFINITIONS. AS USED IN SECTIONS 165.76 AND 165.77 OF THIS ARTICLE, THE FOLLOWING TERMS HAVE THE FOLLOWING DEFINITIONS: 1. THE TERM "COMPANION ANIMAL" OR "PET" IS DEFINED AS A DOG, CAT, OR ANY OTHER DOMESTICATED ANIMAL NORMALLY MAINTAINED IN OR NEAR THE HOUSE- HOLD OF THE OWNER OR PERSON WHO CARES FOR SUCH DOMESTICATED ANIMAL. "PET" OR "COMPANION ANIMAL" SHALL NOT INCLUDE A "FARM ANIMAL" AS DEFINED IN SUBDIVISION FOUR OF SECTION THREE HUNDRED FIFTY OF THE AGRICULTURE AND MARKETS LAW. 2. THE TERM "AGGRAVATED CRUELTY" SHALL MEAN CONDUCT WHICH: A. IS INTENDED TO CAUSE EXTREME PHYSICAL PAIN; OR B. IS DONE OR CARRIED OUT IN AN ESPECIALLY DEPRAVED OR SADISTIC MANNER. S 165.76 PET THEFT IN THE SECOND DEGREE. 1. A PERSON IS GUILTY OF PET THEFT IN THE SECOND DEGREE WHEN HE STEALS A COMPANION ANIMAL OR PET. 2. 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 CONSERVA- TION LAW, THE DISPATCH OF RABID OR DISEASED ANIMALS, AS PROVIDED IN ARTICLE TWENTY-ONE OF THE PUBLIC HEALTH LAW, OR 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15006-01-9
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.