Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Jan 03, 2018 |
referred to agriculture |
Apr 20, 2017 |
referred to agriculture |
Senate Bill S5620
2017-2018 Legislative Session
Sponsored By
(R, C, IP) Senate District
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
Actions
co-Sponsors
(D) 32nd Senate District
2017-S5620 (ACTIVE) - Details
- Current Committee:
- Senate Agriculture
- Law Section:
- Agriculture and Markets Law
- Laws Affected:
- Amd §123, Ag & Mkts L
- Versions Introduced in 2015-2016 Legislative Session:
-
S2338
2017-S5620 (ACTIVE) - Summary
Relates to dangerous dogs; includes what an officer shall articulate in the determination of whether a dog is dangerous; extends the definition of a dangerous dog to include a dog that has caused unjustified physical injury or death to a companion animal or domestic animal.
2017-S5620 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5620 TITLE OF BILL : An act to amend the agriculture and markets law, in relation to dangerous dogs PURPOSE OR GENERAL IDEA OF BILL : To provide greater protection to dog owners and to streamline the process of determining when a dog is a dangerous dog. SUMMARY OF PROVISIONS : Section 1 of this bill amends subdivision 1 of section 123 of the Agriculture and Markets Law to clarify the procedure for reporting an attack by a dog, against a companion animal. The procedure is that it must be immediately reported to a police officer or dog control officer, and at the point the dog control officer or police officer must immediately inform the complainant of his or her right to commence a proceeding that is described in subdivision 2 of this section, and also determine if there is reason to believe that the dog is a dangerous dog before leaving the scene. If the officer determines that there is a reason to believe the dog is a dangerous dog, the officer must commence such proceeding himself. When the officer makes this determination, the officer has to articulate whether he or she believes that the dog (1) attacked or threatened to attack a person, companion animal, or domestic animal without justification, or (2)
2017-S5620 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5620 2017-2018 Regular Sessions I N S E N A T E April 20, 2017 ___________ Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture AN ACT to amend the agriculture and markets law, in relation to danger- ous dogs THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1, paragraph (c) of subdivision 3, and subdivi- sion 6 of section 123 of the agriculture and markets law, subdivision 1 as amended and such section as renumbered by section 18 of part T of chapter 59 of the laws of 2010, paragraph (c) of subdivision 3 as added and subdivision 6 as amended by chapter 392 of the laws of 2004, are amended to read as follows: 1. Any person who witnesses an attack or threatened attack, or in the case of a minor, an adult acting on behalf of such minor, may make a complaint of an attack or threatened attack upon a person, companion animal as defined in section three hundred fifty of this chapter, farm animal as defined in such section three hundred fifty, or a domestic animal as defined in subdivision seven of section one hundred eight of this article to a dog control officer or police officer of the appropri- ate municipality. Such officer shall: (A) immediately inform the complainant of his or her right to commence a proceeding as provided in subdivision two of this section; and[,] (B) DETERMINE if there is reason to believe THAT the dog is a danger- ous dog[,] BEFORE LEAVING THE SCENE. IF THE OFFICER DETERMINES THAT THERE IS A REASON TO BELIEVE THE DOG IS A DANGEROUS DOG, the officer shall forthwith commence such proceeding himself or herself. WHEN MAKING SUCH A DETERMINATION, THE OFFICER SHALL ARTICULATE WHETHER HE OR SHE BELIEVES THAT THE DOG (I) ATTACKED OR THREATENED TO ATTACK THE PERSON, COMPANION ANIMAL OR DOMESTIC ANIMAL WITHOUT JUSTIFICATION, OR (II) BEHAVES IN A MANNER WHICH A REASONABLE PERSON WOULD BELIEVE POSES A SERIOUS AND UNJUSTIFIED IMMINENT THREAT OF SERIOUS PHYSICAL INJURY OR EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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