NY State Assembly Bill 2013-A7205A

Assembly Bill A7205A

2013-2014 Legislative Session

Prohibits persons who have been convicted of animal cruelty from working at an animal shelter

download bill text pdf

Archive: Last Bill Status - In Assembly 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to agriculture
May 30, 2013	print number 7205a
May 30, 2013	amend and recommit to agriculture
May 07, 2013	referred to agriculture

Bill Amendments

Original

A (Active)

co-Sponsors

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multi-Sponsors

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2013-A7205 - Details

Current Committee:: Assembly Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §§353-a, 353, 351 & 355, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A3535
2017-2018: A3903
2019-2020: A658
2021-2022: A4991

2013-A7205 - Summary

Prohibits persons who have been convicted of animal cruelty from working at an animal shelter; makes such violation a class A misdemeanor.

2013-A7205 - Bill Text download pdf

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

                                  7205

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               May 7, 2013
                               ___________

Introduced  by M. of A. PAULIN, GUNTHER, GALEF, MILLMAN, MOSLEY, WEISEN-
  BERG, ZEBROWSKI -- Multi-Sponsored by -- M. of A.  COLTON,  GABRYSZAK,
  SCHIMEL, SWEENEY, THIELE -- read once and referred 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 ASSEM-
BLY, 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. ON AND AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, 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  OFFI-
CER, OR AS A PAID EMPLOYEE OR VOLUNTEER AT THE FOLLOWING TYPES OF ESTAB-
LISHMENTS:  AN  ANIMAL SHELTER, POUND, DULY INCORPORATED HUMANE SOCIETY,
DULY INCORPORATED ANIMAL PROTECTIVE ASSOCIATION,  OR  DULY  INCORPORATED
SOCIETY  FOR  THE PREVENTION OF CRUELTY TO ANIMALS.  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 INCOR-
PORATED  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.
  S  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:
  S 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04880-06-3

A. 7205                             2

animal,  whether  wild  or  tame, and whether belonging to himself or to
another, or deprives any animal of necessary sustenance, food or  drink,
or  neglects or refuses to furnish it such sustenance or drink, or caus-
es,  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 inter-
fere with any properly conducted scientific tests, experiments or inves-
tigations, 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. ON AND AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, 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  OFFI-
CER, OR AS A PAID EMPLOYEE OR VOLUNTEER AT THE FOLLOWING TYPES OF ESTAB-
LISHMENTS:  AN  ANIMAL SHELTER, POUND, DULY INCORPORATED HUMANE SOCIETY,
DULY INCORPORATED ANIMAL PROTECTIVE ASSOCIATION,  OR  DULY  INCORPORATED
SOCIETY  FOR  THE PREVENTION OF CRUELTY TO ANIMALS.  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 INCOR-
PORATED  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.
  S  3.  Section  351  of  the agriculture and markets law is amended by
adding a new subdivision 7 to read as follows:
  7. ON AND AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, 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  OFFI-
CER, OR AS A PAID EMPLOYEE OR VOLUNTEER AT THE FOLLOWING TYPES OF ESTAB-
LISHMENTS:  AN  ANIMAL SHELTER, POUND, DULY INCORPORATED HUMANE SOCIETY,
DULY INCORPORATED ANIMAL PROTECTIVE ASSOCIATION,  OR  DULY  INCORPORATED
SOCIETY  FOR  THE  PREVENTION OF CRUELTY TO ANIMALS. 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 INCOR-
PORATED  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.

A. 7205                             3

  S  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:
  S 355. Abandonment  of animals. 1. A person being the owner or posses-
sor, 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 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.  ON AND AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, 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 OFFI-
CER, OR AS A PAID EMPLOYEE OR VOLUNTEER AT THE FOLLOWING TYPES OF ESTAB-
LISHMENTS: AN ANIMAL SHELTER, POUND, DULY INCORPORATED  HUMANE  SOCIETY,
DULY  INCORPORATED  ANIMAL  PROTECTIVE ASSOCIATION, OR DULY INCORPORATED
SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS. 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 INCOR-
PORATED 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.
  S 5. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2013-A7205A (ACTIVE) - Details

Current Committee:: Assembly Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §§353-a, 353, 351 & 355, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A3535
2017-2018: A3903
2019-2020: A658
2021-2022: A4991

2013-A7205A (ACTIVE) - Summary

Prohibits persons who have been convicted of animal cruelty from working at an animal shelter; makes such violation a class A misdemeanor.

2013-A7205A (ACTIVE) - Bill Text download pdf

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

                                 7205--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               May 7, 2013
                               ___________

Introduced  by M. of A. PAULIN, GUNTHER, GALEF, MILLMAN, MOSLEY, WEISEN-
  BERG, ZEBROWSKI, ROSENTHAL -- Multi-Sponsored by -- M. of  A.  COLTON,
  COOK, GABRYSZAK, SCHIMEL, SWEENEY, THIELE -- read once and referred to
  the  Committee  on  Agriculture -- 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 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  ASSEM-
BLY, 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 INCOR-
PORATED 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 OFFI-
CER, ANIMAL CONTROL OFFICER OR  PAID  EMPLOYEE  OR  VOLUNTEER  FOUND  IN
VIOLATION OF THIS SUBDIVISION SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
  S  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:
  S 353. Overdriving, torturing and injuring animals; failure to provide
proper  sustenance.  1.  A person who overdrives, overloads, tortures or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04880-08-3

A. 7205--A                          2

cruelly beats or unjustifiably injures, maims, mutilates  or  kills  any
animal,  whether  wild  or  tame, and whether belonging to himself or to
another, or deprives any animal of necessary sustenance, food or  drink,
or  neglects or refuses to furnish it such sustenance or drink, or caus-
es, 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  inter-
fere with any properly conducted scientific tests, experiments or inves-
tigations,  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 INCOR-
PORATED 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 OFFI-
CER, ANIMAL CONTROL OFFICER OR  PAID  EMPLOYEE  OR  VOLUNTEER  FOUND  IN
VIOLATION OF THIS SUBDIVISION SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
  S  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 INCOR-
PORATED 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 INCOR-
PORATED  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.

A. 7205--A                          3

  S  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:
  S 355. Abandonment  of animals. 1. A person being the owner or posses-
sor, 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 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 INCOR-
PORATED 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 INCOR-
PORATED 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.
  S 5. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

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Assembly Bill A7205A

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Sponsored By

PAULIN

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Aileen Gunther

Sandy Galef

Joan Millman

Walter T. Mosley

multi-Sponsors

William Colton

Vivian Cook

Dennis H. Gabryszak

Michelle Schimel

2013-A7205 - Details

2013-A7205 - Summary

2013-A7205 - Bill Text download pdf

co-Sponsors

Aileen Gunther

Sandy Galef

Joan Millman

Walter T. Mosley

multi-Sponsors

William Colton

Vivian Cook

Dennis H. Gabryszak

Michelle Schimel

2013-A7205A (ACTIVE) - Details

2013-A7205A (ACTIVE) - Summary

2013-A7205A (ACTIVE) - Bill Text download pdf

Comments