Relates to the judicial process relating to a dog that causes the death of a companion animal, farm animal or domestic animal while trespassing on property.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1409
SPONSOR: Zebrowski TITLE OF BILL:
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
PURPOSE OF THE BILL: This bill would clarify the circumstances by
which a judge may order humane euthanasia or permanent confinement of a
dangerous dog which caused the death of another animal.
SUMMARY OF PROVISIONS:
Section one of the bill amends section 123 of the agriculture and
markets law as it relates to clarifying the circumstances by which a
judge may order humane euthanasia or permanent confinement of a danger-
ous dog to include where a dog, without justification and while tres-
passing on another person's property, caused the death of an animal.
Section two of the bill relates to the effective date.
JUSTIFICATION:
This bill would clarify the circumstances that a dog can be subject to
humane euthanasia to instances where another companion animal was killed
while trespassing on a property. Currently, humane euthanasia is only an
option for a judge where a dangerous dog previously injured or killed
another animal within the past two years. There was a tragic incident in
Rockland County where a dog came into a neighbor's property and killed
their dog; a situation where the attack is clearly unjustified.
PRIOR LEGISLATIVE HISTORY:
A.341 of 2021-22
A.10013 of 2020
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become law.
STATE OF NEW YORK
________________________________________________________________________
1409
2023-2024 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. Subdivision 3 of section 123 of the agriculture and markets
2 law, as added by chapter 392 of the laws of 2004 and such section as
3 renumbered by section 18 of part T of chapter 59 of the laws of 2010, is
4 amended to read as follows:
5 3. Upon a finding that a dog is dangerous, the judge or justice may
6 order humane euthanasia or permanent confinement of the dog if one of
7 the following aggravating circumstances is established at the judicial
8 hearing held pursuant to subdivision two of this section:
9 (a) the dog, without justification, attacked a person causing serious
10 physical injury or death; or
11 (b) the dog has a known vicious propensity as evidenced by a previous
12 unjustified attack on a person, which caused serious physical injury or
13 death; or
14 (c) the dog, without justification and while trespassing on another
15 person's property, caused death to a companion animal, farm animal or
16 domestic animal; or
17 (d) the dog, without justification, caused serious physical injury or
18 death to a companion animal, farm animal or domestic animal, and has, in
19 the past two years, caused unjustified physical injury or death to a
20 companion or farm animal as evidenced by a "dangerous dog" finding
21 pursuant to the provisions of this section.
22 An order of humane euthanasia shall not be carried out until expiration
23 of the thirty day period provided for in subdivision five of this
24 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
1 indicated to the judge in writing, his or her intention to waive his or
2 her right to appeal. Upon filing of a notice of appeal, the order shall
3 be automatically stayed pending the outcome of the appeal.
4 § 2. This act shall take effect on the ninetieth day after it shall
5 have become a law. Effective immediately the addition, amendment and/or
6 repeal of any rule or regulation necessary for the implementation of
7 this act on its effective date are authorized to be made and completed
8 on or before such date.
