A05847 Summary:
BILL NO | A05847 |
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SAME AS | No Same As |
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SPONSOR | Glick |
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COSPNSR | |
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MLTSPNSR | |
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Amd §§155.00 & 155.30, Pen L | |
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Includes the theft of a pet within the crime of grand larceny in the fourth degree in certain instances; defines "pet" as a licensed dog or cat harbored by the owner or lawful custodian of such dog or cat in a dwelling or within an enclosure or yard. |
A05847 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)   BILL NUMBER: A5847 SPONSOR: Glick
  TITLE OF BILL: An act to amend the penal law, in relation to including the theft of dogs and cats within the crime of grand larceny in the fourth degree in certain cases   PURPOSE OR GENERAL IDEA OF BILL: This bill would include the theft of a "pet" within the provisions of Grand Larceny in the Fourth Degree.   SUMMARY OF SPECIFIC PROVISIONS: Section 155.30 of the Penal Law is amended by adding a new subdivision 8-a which provides that a person is guilty of grand larceny in the 4th degree (a class E felony) when he or she steals property and when the property, regardless of its value, consists of a pet which is taken from: (1) the person of the owner or of the lawful custodian of pet, (2) the dwelling of the owner or lawful custodian of such pet, (3) any enclosure or yard contained within the real property boundary line of such dwelling provided that such enclosure or yard is located within 500 feet of such dwelling. Section 155.00 of the Penal Law is amended by adding a new subdivision 10 which provides that a "pet" means a licensed dog or cat which is harbored by the owner or lawful custodian of such dog or cat in a dwell- ing or within an enclosure or yard.   JUSTIFICATION: Since the dollar value of the stolen property needed to qualify for a felony larceny was raised to $1,000 police authorities take only limited action on reported thefts of dogs and cats. It is often very difficult to establish the value of a dog or cat, particularly when the animal is not recovered. Even when the stolen dog or cat is a pedigree, it is still difficult to place a dollar amount on the animal because lineage is only one factor to be considered when estimating value. Additionally, these animals are often stolen and subsequently sold to research facili- ties, necessitating the need to take this crime more seriously. 'In any event, it is impossible to place a dollar value on the love and compan- ionship provided by a pet.This bill would rectify this situation.   PRIOR LEGISLATIVE HISTORY: A.2553 (2019-20) Referred to codes A.3870 (2017-18) referred to codes A.3510 (2015-16) referred to codes A.3769 (2013-14) referred to Codes A.3686 (2011-12) referred to Assembly codes A.3686 (2011) Passed Senate,referred to Assembly Codes A.2593 (2009-10) Referred to Codes. A.2197 (2007-08) Passed Senate referred to Assembly Codes A.9266 (2005-06) Referred to Codes A.5556 (2003-04) A.5300 (2001-02) A.1399 (1997-98)   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
A05847 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 5847 2023-2024 Regular Sessions IN ASSEMBLY March 23, 2023 ___________ Introduced by M. of A. GLICK -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to including the theft of dogs and cats within the crime of grand larceny in the fourth degree in certain cases The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 155.00 of the penal law is amended by adding a new 2 subdivision 10 to read as follows: 3 10. "Pet" means a dog or a cat which is harbored by the owner or 4 lawful custodian of such dog or cat in a dwelling or within an enclosure 5 or yard which is contained within the real property boundary line of 6 such dwelling. For purposes of this subdivision, "harbor" means to 7 provide food and shelter to a dog or cat. 8 § 2. Section 155.30 of the penal law is amended by adding a new subdi- 9 vision 8-a to read as follows: 10 8-a. The property, regardless of its value, consists of a pet which is 11 taken from the person of the owner or of the lawful custodian of such 12 pet, from the dwelling of the owner or lawful custodian of such pet, or 13 from any enclosure or yard contained within the real property boundary 14 line of such dwelling. 15 § 3. This act shall take effect on the first of November next succeed- 16 ing the date on which it shall have become a law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09306-01-3