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NY bill,captive animal attack=felony
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by tigers9 on January 28, 2008
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http://assembly.state.ny.us/leg/?bn=S01070
S01070 Summary:
BILL NO S01070
SAME AS No same as
SPONSOR SALAND
COSPNSR LEIBELL, MORAHAN, PADAVAN, RATH, ROBACH, TRUNZO
MLTSPNSR
Amd S370, Ag & Mkts L
Increases penalties to felony level against owners of wild animals and reptiles
for failing to protect against attacks on the public.
________________________________________
S01070 Actions:
BILL NO S01070
01/16/2007 REFERRED TO CONSUMER PROTECTION
01/09/2008 REFERRED TO CONSUMER PROTECTION
________________________________________
S01070 Votes:
________________________________________
S01070 Memo:
http://assembly.state.ny.us/leg/?bn=S01070&sh=t
S T A T E O F N E W Y O R K
________________________________________________________________________
1070
2007-2008 Regular Sessions
I N S E N A T E
January 16, 2007
___________
Introduced by Sens. SALAND, LEIBELL, MORAHAN, PADAVAN, RATH, ROBACH,
TRUNZO -- read twice and ordered printed, and when printed to be
committed to the Committee on Consumer Protection
AN ACT to amend the agriculture and markets law, in relation to
protection of the public from attack by wild animals
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 370 of the agriculture and markets law, as added by
2 chapter 1047 of the laws of 1965, is amended to read as follows:
3 S 370. Protection of the public from attack by wild animals and
4 reptiles. Any person owning, possessing or harboring a wild animal or
5 reptile capable of inflicting bodily harm upon a human being, who shall
6 fail to exercise due care in safeguarding the public from attack by such
7 wild animal or reptile, is guilty of a {misdemeanor, punishable by
8 imprisonment for not more than one year, or by a fine of not more than
9 five hundred dollars, or by both} FELONY. "Wild animal" within the mean-
10 ing of this section, shall not include a dog or cat or other domestic
11 animal.
12 Previous attacks upon a human being by such wild animal or reptile, or
13 knowledge of the vicious propensities of such wild animal or reptile, on
14 the part of the possessor or harborer thereof, shall not be required to
15 be proven by the people upon a prosecution hereunder; and neither the
16 fact that such wild animal or reptile has not previously attacked a
17 human being, nor lack of knowledge of the vicious propensities of such
18 wild animal or reptile on the part of the owner, possessor or harborer
19 thereof shall constitute a defense to a prosecution hereunder.
20 S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD00727-01-7
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RE: NY bill,captive animal attack=felony
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by psilocybe on January 29, 2008
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What exactly constitutes an "attack"?
If a cornsnake bites someone, is the owner now facing felony charges?
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RE: NY bill,captive animal attack=felony
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by tigers9 on January 29, 2008
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Since the definition of wildlife would include corn snake (since domestic animal is cat, dog…), then I assume yes, if your corn bites somebody, it is a felony…but I guess as always, final outcome depends who has the best lawyer.
I guess if it is not domestic and it does bite, and can claw or inflict wound (even bird can) , u r a FELON in NY state if this passes and your animal brakes somebody's skin.
We big cat people have been dealing with this crap for many years, and we know this is not about public safety, NOT even with big pussycats, facts/statistics prove it, this are AR bills and about no animals in captivity, and latest MO and WV bills especially that include canaries and pigeons with tigers shall be wake up call for everybody who has anything other than dog or cat.
Often you don’t need a ban, sometimes regulations are so tough to comply with or scary it is as bad as a ban.
Z
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