NY State Senate Bill 2011-S6059

Archive: Last Bill Status - In Senate Committee Agriculture 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to agriculture

2011-S6059 (ACTIVE) - Details

See Assembly Version of this Bill:: A8842
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §123, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A4518
2015-2016: A7138

2011-S6059 (ACTIVE) - Summary

Increases the penalties for owners of dangerous dogs and subjects certain dangerous dog owners to further investigation.

2011-S6059 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6059

TITLE OF BILL:
An act
to amend the agriculture and markets law, in relation to increasing
penalties for the owners of dangerous dogs

PURPOSE:
The purpose of this bill is to deter violent offenders from
purchasing and raising possibly dangerous dogs.

SUMMARY OF PROVISIONS:
Section 1: Amends subdivisions 6, 7 and 8 and adds subdivision
15 to section 123 of the Agricultures and Markets law.

Subdivision 6 is amended to increase penalties from a fine not to
exceed $400 to a fine not to exceed $1000.

Subdivision 7 is amended to increase penalties from a fine not to
exceed $1000 to a fine not to exceed $5000 while increasing the
punishment from a single civil penalty up to a class E felony.

Subdivision 8 is amended to increase the penalty of a dangerous dog
injuring an individual from a misdemeanor to a Class E Felony,
punishable by a fine up to $5000 and imprisonment for up to two years.

Creates Subdivision 15 which, in the case that the owner of a dangerous
dog is found to have previous convictions of violent crimes including
rape, assault, sexual assault and robbery, shall be subject to the
search and seizure of illegal materials on their persons or personal
property.

JUSTIFICATION:
In Schenectady, as well as many other cities and communities across
the state, we have a problem with gang violence, drugs and sexual
assaults. What we are finding is that commonly, owners of these
vicious dogs are tied to incidents such as these and have already
been previously convicted of violent crimes.

These individuals use dangerous dogs as status symbols and tools of
intimidation. They raise these dogs to be violent protectors and when
not properly restrained and cared for, these animals can get out and
cause serious injury to innocent men, women and children who live in
the community.

There also has been a rash of recent attacks by dangerous dog across
the State of New York. With Attacks on Long Island, New York City and
Rochester, to name a few, this is an issue facing the state as a
whole and not anyone specific community.

This bill does not focus on any certain breed of dog but on criminally
irresponsible dog owners who create an environment where their dog is
taught to be vicious and can attack and harm others.

EFFECTIVE DATE:


This act shall take effect on the sixteenth day after it
becomes law.

2011-S6059 (ACTIVE) - Bill Text download pdf

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

    S. 6059                                                  A. 8842

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 4, 2012
                               ___________

IN  SENATE -- Introduced by Sen. FARLEY -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Agriculture

IN ASSEMBLY -- Introduced by M. of A. TEDISCO -- read once and  referred
  to the Committee on Agriculture

AN ACT to amend the agriculture and markets law, in relation to increas-
  ing penalties for the owners of dangerous dogs

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

  Section 1. Subdivisions 6, 7 and 8 of section 123 of  the  agriculture
and markets law, as amended by chapter 392 of the laws of 2004, subdivi-
sions  7  and  8 as amended by chapter 526 of the laws of 2005, and such
section as renumbered by section 18 of part T of chapter 59 of the  laws
of  2010,  are  amended  and  a  new  subdivision 15 is added to read as
follows:
  6. The owner of a dog who, through any act  or  omission,  negligently
permits his or her dog to bite a person, service dog, guide dog or hear-
ing  dog causing physical injury shall be subject to a civil penalty not
to exceed [four hundred] ONE THOUSAND dollars in addition to  any  other
applicable penalties.
  7.  The  owner  of a dog who, through any act or omission, negligently
permits his or her dog to bite a person causing serious physical  injury
shall be subject to a civil penalty UP TO A CLASS E FELONY PUNISHABLE BY
A  FINE  OF  not to exceed [one] FIVE thousand [five hundred] dollars in
addition to any other applicable penalties.  Any  such  penalty  may  be
reduced  by  any amount which is paid as restitution by the owner of the
dog to the person  or  persons  suffering  serious  physical  injury  as
compensation  for unreimbursed medical expenses, lost earnings and other
damages resulting from such injury.
  8. The owner of a dog who, through any act  or  omission,  negligently
permits  his  or  her  dog,  which  had previously been determined to be
dangerous pursuant to this article, to bite  a  person  causing  serious
physical  injury,  shall  be  guilty  of  a [misdemeanor] CLASS E FELONY

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

                      [ ] is old law to be omitted.
                                                           LBD13487-03-1

S. 6059                             2                            A. 8842

punishable by a fine of not more than [three] FIVE thousand dollars,  or
by a period of imprisonment not to exceed [ninety days] TWO YEARS, or by
both  such  fine  and  imprisonment  in addition to any other applicable
penalties.  Any  such fine may be reduced by any amount which is paid as
restitution by the owner of the dog to the person or  persons  suffering
serious   physical  injury  as  compensation  for  unreimbursed  medical
expenses, lost earnings and other damages resulting from such injury.
  15. ANY PERSON FOUND TO BE IN VIOLATION OF SUBDIVISION SIX,  SEVEN  OR
EIGHT  OF  THIS  SECTION  AND  WHO HAS EVER BEEN CONVICTED OF ANY FELONY
OFFENSE UNDER TITLE H OF PART THREE OF THE PENAL LAW SHALL BE SUBJECT TO
FURTHER INVESTIGATION, INCLUDING, BUT NOT LIMITED TO A  SEARCH  OF  SUCH
PERSON'S PERSONAL AND REAL PROPERTY AND THE SEIZURE OF ANY ILLEGAL MATE-
RIALS.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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Senate Bill S6059

Sponsored By

Archive: Last Bill Status - In Senate Committee Agriculture Committee

2011-S6059 (ACTIVE) - Details

2011-S6059 (ACTIVE) - Summary

2011-S6059 (ACTIVE) - Sponsor Memo

2011-S6059 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6059

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Sponsored By

Hugh T. Farley

Archive: Last Bill Status - In Senate Committee Agriculture Committee

2011-S6059 (ACTIVE) - Details

2011-S6059 (ACTIVE) - Summary

2011-S6059 (ACTIVE) - Sponsor Memo

2011-S6059 (ACTIVE) - Bill Text download pdf

Comments