S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1409
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
   Committee on Agriculture
 
 AN ACT to amend the agriculture and markets  law,  in  relation  to  the
   judicial  process  relating  to a dog that caused death to a companion
   animal, farm animal or domestic animal while trespassing on property

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 123 of the agriculture and markets
 law,  as  added  by  chapter 392 of the laws of 2004 and such section as
 renumbered by section 18 of part T of chapter 59 of the laws of 2010, is
 amended to read as follows:
   3. Upon a finding that a dog is dangerous, the judge  or  justice  may
 order  humane  euthanasia  or permanent confinement of the dog if one of
 the following aggravating circumstances is established at  the  judicial
 hearing held pursuant to subdivision two of this section:
   (a)  the dog, without justification, attacked a person causing serious
 physical injury or death; or
   (b) the dog has a known vicious propensity as evidenced by a  previous
 unjustified  attack on a person, which caused serious physical injury or
 death; or
   (c) THE DOG, WITHOUT JUSTIFICATION AND WHILE  TRESPASSING  ON  ANOTHER
 PERSON'S  PROPERTY,  CAUSED  DEATH TO A COMPANION ANIMAL, FARM ANIMAL OR
 DOMESTIC ANIMAL; OR
   (D) the dog, without justification, caused serious physical injury  or
 death to a companion animal, farm animal or domestic animal, and has, in
 the  past  two  years,  caused unjustified physical injury or death to a
 companion or farm animal as  evidenced  by  a  "dangerous  dog"  finding
 pursuant to the provisions of this section.
 An  order of humane euthanasia shall not be carried out until expiration
 of the thirty day period  provided  for  in  subdivision  five  of  this
 section  for  filing a notice of appeal, unless the owner of the dog has

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00971-01-3
              

 A. 1409                             2
 
 indicated to the judge in writing, his or her intention to waive his  or
 her  right to appeal. Upon filing of a notice of appeal, the order shall
 be automatically stayed pending the outcome of the appeal.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately the addition, amendment  and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such date.