Assembly Bill A5148

2017-2018 Legislative Session

Relates to attacks on service dogs

download bill text pdf

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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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2017-A5148 (ACTIVE) - Details

Current Committee:
Assembly Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §121, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1089
2011-2012: A4720
2013-2014: A2904
2015-2016: A2912
2019-2020: A3755

2017-A5148 (ACTIVE) - Summary

Relates to attacks on service dogs; provides for a penalty of $1000 for the attack on a service dog or user of such service dog and a fine of $2000 for an attack on both dog and user; also provides that if the attacking dog has previously been found to be a dangerous dog, then such fines shall be $2000 and $4000 respectively, and such may also be punishable with 90 days imprisonment.

2017-A5148 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5148
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2017
                                ___________
 
 Introduced  by M. of A. McDONOUGH, MALLIOTAKIS -- read once and referred
   to the Committee on Agriculture
 
 AN ACT to amend the agriculture and markets law, in relation to  attacks
   on service dogs and their users
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 121 of the agriculture and markets law  is  amended
 by adding two new subdivisions 2-a and 2-b to read as follows:
   2-A.  THE OWNER OF A DOG WHO, THROUGH ANY ACT OR OMISSION, NEGLIGENTLY
 PERMITS HIS OR HER DOG TO ATTACK AND INJURE ANY SERVICE DOG,  GUIDE  DOG
 OR  HEARING  DOG,  OR  TO  BITE AND CAUSE SERIOUS PHYSICAL INJURY TO THE
 PERSON USING SUCH SERVICE DOG,  GUIDE  DOG  OR  HEARING  DOG,  SHALL  BE
 SUBJECT  TO  A CIVIL PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS IN ADDI-
 TION TO ANY OTHER APPLICABLE PENALTIES. IF THE SERVICE DOG, GUIDE DOG OR
 HEARING DOG, AND THE PERSON USING SUCH DOG ARE BOTH  INJURED,  THEN  THE
 FINE  APPLICABLE  UNDER THIS SUBDIVISION SHALL BE INCREASED TO TWO THOU-
 SAND DOLLARS. 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.
   2-B. 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 ATTACK  AND  INJURE  ANY  SERVICE
 DOG,  GUIDE  DOG  OR  HEARING DOG, OR TO BITE AND CAUSE SERIOUS PHYSICAL
 INJURY TO THE PERSON USING SUCH SERVICE DOG, GUIDE DOG OR  HEARING  DOG,
 SHALL  BE  GUILTY OF A MISDEMEANOR PUNISHABLE BY A FINE OF NOT MORE THAN
 TWO THOUSAND DOLLARS, OR BY A PERIOD OF IMPRISONMENT NOT TO EXCEED NINE-
 TY DAYS, OR BY BOTH SUCH FINE AND IMPRISONMENT IN ADDITION TO ANY  OTHER
 APPLICABLE PENALTIES. IF THE SERVICE DOG, GUIDE DOG, OR HEARING DOG, AND
 THE  PERSON  USING  SUCH  DOG ARE BOTH INJURED, THEN THE FINE APPLICABLE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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