BILL NUMBER: S1742

SPONSOR: MARTINEZ
 
TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to increas-
ing the penalty of knowingly violating the provisions relating to the
appropriate shelter for dogs

 
PURPOSE:

The purpose of this bill is to strengthen existing animal cruelty law by
increasing the penalty for knowingly failing to provide appropriate
shelter for a dog.

 
SUMMARY OF PROVISIONS:

Section 1. Paragraph (a) of subdivision 2 of section 353-b of the agri-
culture and markets law, as added by chapter 594 of the laws of 2003, is
amended to increase the penalty for the improper sheltering of a dog
from a violation to a misdemeanor, punishable by imprisonment for not
more than a year, or by fine not less than five hundred dollars nor more
              

than one thousand dollars, or by both.

Section 2. Establishes the enacting clause.

 
JUSTIFICATION:

To many residents that call New York home, dogs are family. They provide
physical and mental health benefits such as reducing stress, anxiety and
depression while encouraging healthy habits like daily exercise, routine
and accountability. Dogs are sentient beings that experience a range of
emotions including pain, and the cognitive ability to potentially assist
the nearly 60 million people nationwide with disabilities.1

Like any living being, dogs require adequate shelter for their size,
weight, breed and overall health and wellness. While some breeds may be
conducive to outdoor living, all dogs require insulation from extreme
weather conditions, a hygienic space free from trash or excretions with
the ability to move and stretch, fresh water and food. Failure to
provide appropriate shelter can jeopardize the health of the dog and
inflict unnecessary pain and suffering.

Current law prescribes that knowingly failing to provide adequate shel-
ter for a dog result in a violation of not less than fifty dollars nor
more than one hundred dollars for the 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. This bill aims to reduce the
number of dogs being kept in unsafe conditions by increasing the penalty
to a misdemeanor punishable by up to one year of imprisonment or a fine
of not less than five hundred dollars nor more than one thousand
dollars. This initiative supplements the states continued commitment to
ensuring the safety of animals we co-exist with, demonstrating zero
tolerance for animal neglect, abuse or abandonment.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.
1 Singleton JK. Benefits of Being Teamed with a Service Dog for Individ-
uals Living with Visible and Invisible Disabilities.  Healthcare
(Basel). 2023 Nov 19;11(22):2987. doi:  10.3390/healthcare11222987.
PMID: 37998479; PMCID: PMC10670951.