NY State Senate Bill 2019-S387

Senate Bill S387

2019-2020 Legislative Session

Makes the failure to provide food, water or appropriate shelter to a companion animal left outside a felony

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Archive: Last Bill Status - In Senate Committee Domestic Animal Welfare 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, 2020	referred to domestic animal welfare
Feb 11, 2019	committee discharged and committed to domestic animal welfare
Jan 09, 2019	referred to agriculture

co-Sponsors

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2019-S387 (ACTIVE) - Details

See Assembly Version of this Bill:: A1157
Current Committee:: Senate Domestic Animal Welfare
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §§353, 353-b & 356, add §353-g, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6628, A8820
2015-2016: S2949, A1738
2017-2018: S841, A8089
2021-2022: S227, A2347
2023-2024: S298

2019-S387 (ACTIVE) - Summary

Makes the failure to provide food, water or appropriate shelter to a companion animal (dogs and cats) left outside a felony punishable by a fine of not more than $5,000, or imprisonment for not more than 2 years, or by both such fine and imprisonment.

2019-S387 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S387

SPONSOR: TEDISCO
 
TITLE OF BILL:  An act to amend the agriculture and markets law, in
relation to the provision of food, water and appropriate shelter for
companion animals left outdoors

 
PURPOSE:

The purpose of this legislation is to increase penalties on those who
fail to provide adequate shelter to any companion animals left outdoors
in weather conditions that are likely to adversely affect the animal's
health or safety. Such acts would result in a felony conviction, up to
two years in, prison and 55,000 fine.

 
SUMMARY OF PROVISIONS:

Section 1: Creates a new provision of the agriculture and markets law,
Section 353, as amended by chapter 523 of the laws of 2005.

Section 2: Extends the current law regarding penalties for any person

who knowingly violates the provisions of this section from being guilty
of a mere violation to a felony. Additionally, the fine of not more than
$100 is raised to $5000.00, and imprisonment for not more than two
years, or both such fine and imprisonment.

Section 3: (b) Provides in greater detail an explanation of the stand-
ards related to the companion animal's housing facilities indicating
that they be structurally sound "so as to protect the companion animal
from the inclement weather; be appropriate for the companion animal's
breed and physical condition, and the climate."  This section also calls
for the structure to "have four connected sides and a raised floor; have
a door maintained in good repair that is offset and baffled if neces-
sary, to eliminate the entry of drafts and precipitation, and also allow
the accumulation of body heat; provided, further, that damaged door
flaps shall be replaced."

(c) Calls for enclosures to be set on a solid foundation such as stone
or concrete with proper drainage, submitted in accordance with Senate
Rule VI, S 1

(d) Provides that the companion animal be provided with dry bedding
and/or solid resting boards so as to conserve its body heat.

Section 5: Connotes completion of any sentence of imprisonment imposed
for violation of this section.

Section 6: Adds a new section (S 353-g) which reads as follows; "Failure
to provide proper food and drink to a companion animal. Any person who,
having ownership, custody or control of a companion animal, refuses or
neglects to supply such animal a sufficient supply of food or water so
as to impair the health of the companion animal shall be guilty of a
felony, punishable by a fine of not more than five thousand dollars, or
imprisonment for not more than two years, or both such fine and impri-
sonment."

This section also provides for an effective date of September 1, next
succeeding enactment.

 
EXISTING LAW:

Current law does not allow for such strict guidelines for those commit-
ting these specific crimes against companion animals. With these strict
guidelines, it is expected that additional deterrents will reduce wide-
spread abuses and help foster an environment for greater caretaking of
such companion animals.

 
JUSTIFICATION:

Leaving a companion animal outside in the extreme cold to live in a
barrel or out in a yard day in and day out is no way to treat man's best
friend. The punishment for leaving a dog out in the freezing cold to
potentially die should be beyond a mere slap on the wrist, pay your fine
and go back to your puppy mill to extract more blood money. It should be
criminal. This legislation seeks to modernize this anachronism in our
state's animal cruelty laws and ensure we can better protect those who
have no voice - our companion animals - from abuse and neglect.

 
LEGISLATIVE HISTORY:

01/06/16 S.2949 REFERRED TO AGRICULTURE
01/05/17 S.841 REFERRED TO AGRICULTURE
05/16/17 S.841 1ST REPORT CAL.932
05/17/17 S.841 2ND REPORT CAL.
05/22/17 S.841 ADVANCED TO THIRD READING
06/21/17 S.841 COMMITTED TO RULES
01/03/18 S.841 REFERRED TO AGRICULTURE

 
FISCAL IMPLICATIONS:

None, and strict enforcement of penalties and fines may create addi-
tional revenues for municipalities.

 
EFFECTIVE DATE:
This act shall take effect on the first of September next succeeding the
date on which it shall have become law.

2019-S387 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    387
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced by Sens. TEDISCO, BOYLE, FELDER, HELMING, KAMINSKY, O'MARA --
   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  the
   provision of food, water and appropriate shelter for companion animals
   left outdoors
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph of section 353 of the agriculture and
 markets law, as amended by chapter 523 of the laws of 2005,  is  amended
 to read as follows:
   A  person  who  overdrives,  overloads,  tortures  or 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, OTHER THAN A COMPANION ANIMAL, of necessary  suste-
 nance,  food  or drink, or neglects or refuses to furnish it such suste-
 nance or drink, or causes, procures or permits any animal  to  be  over-
 driven,  overloaded, tortured, cruelly beaten, or unjustifiably injured,
 maimed, mutilated or killed, or, BEING ANY ANIMAL OTHER THAN A COMPANION
 ANIMAL, 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.    Section 353-b of the agriculture and markets law, as added by
 chapter 594 of the laws of 2003, is amended to read as follows:
   §  353-b.  Appropriate  shelter  for  [dogs]  COMPANION  ANIMALS  left
 outdoors. 1. For purposes of this section:

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

                                                            LBD03622-01-9

 S. 387                              2
 
   (a)  "Physical condition" shall include any special medical needs of a
 dog due to disease, illness, injury, age or breed about which the  owner
 or person with custody or control of [the dog] A COMPANION ANIMAL should
 reasonably be aware.
   (b)  "Inclement weather" shall mean weather conditions that are likely
 to adversely affect the health  or  safety  of  [the  dog]  A  COMPANION
 ANIMAL,  including  but  not limited to rain, sleet, ice, snow, wind, or
 extreme heat and cold.
   (c) "[Dogs] COMPANION ANIMALS  that  are  left  outdoors"  shall  mean
 [dogs]  COMPANION ANIMALS that are outdoors in inclement weather without
 ready access to, or the ability to enter, a house,  apartment  building,
 office building, or any other permanent structure that complies with the
 standards  enumerated  in  paragraph  (b)  of  subdivision three of this
 section.
   2. (a) Any person who owns or  has  custody  or  control  of  a  [dog]
 COMPANION  ANIMAL  that  is  left outdoors shall provide it with shelter
 appropriate to its breed, physical condition and the climate. Any person
 who knowingly violates the provisions of this section shall be guilty of
 a [violation] FELONY, punishable by a  fine  of  not  [less  than  fifty
 dollars  nor] more than [one hundred] FIVE THOUSAND dollars [for a first
 offense, and a fine of not less than one hundred dollars nor  more  than
 two  hundred  fifty  dollars  for  a second and subsequent offenses], OR
 IMPRISONMENT FOR NOT MORE THAN TWO YEARS, OR BOTH SUCH FINE  AND  IMPRI-
 SONMENT.    Beginning seventy-two hours after a charge of violating this
 section, each day that a defendant fails to correct the deficiencies  in
 the  [dog]  shelter  for a [dog] COMPANION ANIMAL that he or she owns or
 that is in his or her custody or control and that is left  outdoors,  so
 as to bring it into compliance with the provisions of this section shall
 constitute a separate offense.
   (b)  [The  court may, in its discretion, reduce the amount of any fine
 imposed for a violation of this section by the amount which the  defend-
 ant  proves  he or she has spent providing a dog shelter or repairing an
 existing dog shelter so that it complies with the requirements  of  this
 section.] Nothing in this paragraph shall prevent the seizure of a [dog]
 COMPANION ANIMAL for a violation of this section pursuant to the author-
 ity granted in this article.
   3. Minimum standards for determining whether shelter is appropriate to
 a  [dog's]  COMPANION ANIMAL'S breed, physical condition and the climate
 shall include:
   (a) For [dogs] COMPANION ANIMALS that are  restrained  in  any  manner
 outdoors,  shade  by  natural  or  artificial means to protect the [dog]
 COMPANION ANIMAL from direct sunlight at  all  times  when  exposure  to
 sunlight is likely to threaten the health of the [dog] COMPANION ANIMAL.
   (b)  For all [dogs] COMPANION ANIMALS that are left outdoors in incle-
 ment weather, a housing facility, which  must:  (1)  have  a  waterproof
 roof;  (2)  be  structurally sound [with] SO AS TO PROTECT THE COMPANION
 ANIMAL FROM THE INCLEMENT WEATHER; (3) BE APPROPRIATE FOR THE  COMPANION
 ANIMAL'S  BREED  AND PHYSICAL CONDITION, AND THE CLIMATE; (4) HAVE insu-
 lation appropriate  to  local  climatic  conditions  and  sufficient  to
 protect  the  [dog]  COMPANION  ANIMAL from inclement weather; [(3)] (5)
 HAVE FOUR CONNECTED SIDES AND A RAISED FLOOR; (6) HAVE A DOOR MAINTAINED
 IN GOOD REPAIR, THAT IS OFFSET AND BAFFLED, IF NECESSARY,  TO  ELIMINATE
 THE  ENTRY  OF DRAFTS AND PRECIPITATION, AND ALSO ALLOW THE ACCUMULATION
 OF BODY HEAT; PROVIDED,  FURTHER,  THAT  DAMAGED  DOOR  FLAPS  SHALL  BE
 REPLACED;  (7)  be  constructed  to  allow  each  [dog] COMPANION ANIMAL
 adequate freedom  of  movement  to  make  normal  postural  adjustments,

 S. 387                              3
 
 including  the  ability  to  stand up, turn around and lie down with its
 limbs outstretched; and [(4)] (8) allow for effective removal of  excre-
 tions, other waste material[;], dirt and trash. The housing facility and
 the  area immediately surrounding it shall be regularly cleaned to main-
 tain a healthy and sanitary environment and to minimize health hazards.
   (C) FOR COMPANION ANIMALS THAT ARE RESTRAINED IN ANY  MANNER  OUTDOORS
 IN AN ENCLOSURE, SUCH ENCLOSURE SHALL BE SET ON A SOLID FOUNDATION, SUCH
 AS STONE OR CONCRETE, OR SOLID GROUND THAT IS WELL DRAINED.
   (D) FOR COMPANION ANIMALS THAT ARE RESTRAINED IN ANY ENCLOSURE, WHETH-
 ER  INDOORS  OR  OUTDOORS, THE ANIMAL SHALL BE PROVIDED WITH DRY BEDDING
 AND/OR SOLID RESTING BOARDS SO AS TO CONSERVE ITS BODY HEAT,  AND  UNDER
 NO  CIRCUMSTANCE  SHALL  A  COMPANION  ANIMAL BE FORCED TO LIE ON A DAMP
 SURFACE OR UPON UNHEATED CONCRETE OR STONE.
   4. Inadequate shelter may be indicated by the appearance of the  hous-
 ing  facility  itself,  including  but  not limited to, size, structural
 soundness, evidence of crowding within the housing  facility,  healthful
 environment in the area immediately surrounding such facility, or by the
 appearance or physical condition of the [dog] COMPANION ANIMAL.
   5.  Upon a finding of any violation of this section, any [dog or dogs]
 COMPANION ANIMAL OR COMPANION ANIMALS seized pursuant to the  provisions
 of  this article that have not been voluntarily surrendered by the owner
 or custodian or forfeited pursuant to court order shall be  returned  to
 the  owner  or  custodian  only  upon  proof that appropriate shelter as
 required by this section is being provided AND  THE  COMPLETION  OF  ANY
 SENTENCE OF IMPRISONMENT IMPOSED FOR VIOLATION OF THIS SECTION.
   6.   Nothing  in  this  section  shall  be  construed  to  affect  any
 protections afforded to [dogs] COMPANION ANIMALS or other animals  under
 any other provisions of this article.
   §  3.  The  agriculture  and  markets  law  is amended by adding a new
 section 353-g to read as follows:
   § 353-G. FAILURE TO PROVIDE PROPER  FOOD  AND  DRINK  TO  A  COMPANION
 ANIMAL.  ANY  PERSON  WHO,  HAVING  OWNERSHIP,  CUSTODY  OR CONTROL OF A
 COMPANION ANIMAL, REFUSES OR NEGLECTS TO SUPPLY SUCH ANIMAL A SUFFICIENT
 SUPPLY OF FOOD OR WATER SO AS TO IMPAIR  THE  HEALTH  OF  THE  COMPANION
 ANIMAL  SHALL  BE  GUILTY  OF A FELONY, PUNISHABLE BY A FINE OF NOT MORE
 THAN FIVE THOUSAND DOLLARS, OR IMPRISONMENT FOR NOT MORE THAN TWO YEARS,
 OR BOTH SUCH FINE AND IMPRISONMENT.
   § 4. Section 356 of the agriculture and markets  law,  as  amended  by
 chapter 458 of the laws of 1985, is amended to read as follows:
   § 356. Failure to provide proper food and drink to impounded animal. A
 person  who,  having  impounded  or  confined  any  animal, OTHER THAN A
 COMPANION ANIMAL, refuses or neglects to supply to  such  animal  during
 its  confinement  a  sufficient  supply of good and wholesome air, food,
 shelter and water, is guilty of a misdemeanor, punishable  by  imprison-
 ment for not more than one year, or by a fine of not more than one thou-
 sand  dollars,  or  by  both.  In case any animal, INCLUDING A COMPANION
 ANIMAL, shall be at any time impounded as aforesaid, and shall  continue
 to  be  without necessary food and water for more than twelve successive
 hours, it shall be lawful for any person, from  time  to  time,  and  as
 often  as  it  shall  be  necessary, to enter into and upon any pound in
 which any such animal shall be so confined, and to supply it with neces-
 sary food and water, so long as it shall remain so confined; such person
 shall not be liable to any action for such  entry,  and  the  reasonable
 cost  of  such  food  and water may be collected by [him of] SUCH PERSON
 FROM the owner of such animal, and the said animal shall not  be  exempt
 from levy and sale upon execution issued upon a judgment therefor.

 S. 387                              4

   §  5.  This  act  shall  take  effect  on  the first of September next
 succeeding the date on which it shall have become a law.

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Senate Bill S387

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Sponsored By

James Tedisco

Archive: Last Bill Status - In Senate Committee Domestic Animal Welfare Committee

co-Sponsors

Phil Boyle

Simcha Felder

Pamela Helming

Todd Kaminsky

2019-S387 (ACTIVE) - Details

2019-S387 (ACTIVE) - Summary

2019-S387 (ACTIVE) - Sponsor Memo

2019-S387 (ACTIVE) - Bill Text download pdf

Comments