Senate Bill S5435

2023-2024 Legislative Session

Establishes the offense of misrepresenting a companion animal as a service animal for personal benefit

download bill text pdf

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Current Bill Status - In Senate Committee Codes 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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2023-S5435 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §242.20, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: S7062
2021-2022: S5919

2023-S5435 (ACTIVE) - Summary

Establishes the offense of misrepresenting a companion animal as a service animal for personal benefit when a person expressly or impliedly represents that an animal in his or her possession is a service animal for the purpose of obtaining any rights or privileges afforded to a person with a disability requiring the assistance of a service animal.

2023-S5435 (ACTIVE) - Sponsor Memo

2023-S5435 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5435
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2023
                                ___________
 
 Introduced  by  Sen. MATTERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to establishing  the  offense
   of misrepresenting a companion animal as a service animal for personal
   benefit

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The penal law is amended by adding a new section 242.20  to
 read as follows:
 §  242.20  MISREPRESENTING  A  COMPANION  ANIMAL AS A SERVICE ANIMAL FOR
            PERSONAL BENEFIT.
   1. A PERSON SHALL BE GUILTY OF MISREPRESENTING A COMPANION ANIMAL AS A
 SERVICE ANIMAL FOR PERSONAL BENEFIT WHEN HE OR SHE:
   (A) EXPRESSLY OR IMPLIEDLY REPRESENTS THAT AN ANIMAL  IN  HIS  OR  HER
 POSSESSION  IS  A SERVICE ANIMAL FOR THE PURPOSE OF OBTAINING ANY RIGHTS
 OR PRIVILEGES AFFORDED TO A  PERSON  WITH  A  DISABILITY  REQUIRING  THE
 ASSISTANCE  OF  A  SERVICE  ANIMAL  AND SUCH PERSON KNOWS OR SHOULD HAVE
 KNOWN THAT THE ANIMAL IN HIS OR HER POSSESSION WAS NOT A SERVICE ANIMAL;
 OR
   (B) TAKES AN ANIMAL, WHICH SUCH PERSON KNOWS OR SHOULD HAVE KNOWN  NOT
 TO  BE  A  SERVICE  ANIMAL,  INTO  A PLACE OF PUBLIC ACCOMMODATION WHERE
 COMPANION ANIMALS ARE NOT PERMITTED, AND THE  ANIMAL  ACCOMPANYING  SAID
 INDIVIDUAL  IS  WEARING  A  CAPE,  VEST, SPECIAL LEASH, OR OTHER FORM OF
 IDENTIFICATION THAT STATES OR IMPLIES  THAT  THE  ANIMAL  IS  A  SERVICE
 ANIMAL  ENTITLED TO BE PRESENT, EVEN IF SUCH PERSON MAKES NO AFFIRMATIVE
 STATEMENTS ASSERTING THAT THE ANIMAL IS A SERVICE ANIMAL.
   2. "COMPANION ANIMAL" SHALL HAVE THE SAME  MEANING  AS  SET  FORTH  IN
 SECTION THREE HUNDRED FIFTY OF THE AGRICULTURE AND MARKETS LAW.
   MISREPRESENTING  A  COMPANION  ANIMAL AS A SERVICE ANIMAL FOR PERSONAL
 BENEFIT IS A VIOLATION SUBJECT TO A TWO HUNDRED FIFTY DOLLAR FINE.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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