S T A T E   O F   N E W   Y O R K
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                                 4518--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2013
                               ___________

Introduced  by M. of A. TEDISCO -- Multi-Sponsored by -- M. of A. FINCH,
  KATZ, MALLIOTAKIS,  McDONOUGH,  McKEVITT,  McLAUGHLIN,  OAKS,  RIVERA,
  TENNEY  --  read  once and referred to the Committee on Agriculture --
  recommitted to the Committee on Agriculture in accordance with  Assem-
  bly  Rule  3,  sec.  2  -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

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
[hearing] dog causing physical injury shall be subject to a civil penal-
ty  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07891-02-4

              

A. 4518--A                          2

  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
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.