New Dangerous Dog Legislation Proposed

Assemblyman Tedisco has introduced new legislation that would amend section 123 of the NYS Agriculture and Markets Law as follows, essentially allowing a person to be charged with a felony, if in the eyes of the arresting officer, the dog owner whose animal inflicts a serious injury was negligent:

(note: new material appears in CAPS)

Section 1. Subdivisions 6, 7 and 8 of section 123 of the  agriculture and markets law, as amended by chapter 392 of the laws of 2004, subdivisions  7  and  8 as amended by chapter 526 of the laws of 2005, and such section as renumbered by section 18 of part T of chapter 59 of the  laws of  2010,  are  amended  and  a  new  subdivision 15 is added to read as follows:

6. The owner of a dog who, through any act or omission, negligently permits his or her dog to bite a person, service dog, guide dog or hearing  dog causing physical injury shall be subject to a civil penalty not to exceed four hundred ONE THOUSAND dollars in addition to  any  other applicable penalties.

7.  The  owner  of a dog who, through any act or omission, negligently permits his or her dog to bite a person causing serious physical  injury shall be subject to a civil penalty UP TO A CLASS E FELONY PUNISHABLE BY A  FINE  OF  not to exceed one FIVE thousand five hundred dollars in addition to any other applicable penalties.  Any such penalty  may  be reduced  by  any amount which is paid as restitution by the owner of the dog to the person  or  persons  suffering  serious  physical  injury  as compensation  for unreimbursed medical expenses, lost earnings and other damages resulting from such injury.

8. The owner of a dog who, through any act or  omission,  negligently permits  his  or  her  dog,  which  had previously been determined to be dangerous pursuant to this article, to bite  a  person  causing  serious physical  injury,  shall  be  guilty  of  a misdemeanor CLASS E FELONY punishable by a fine of not more than three FIVE thousand dollars,  or by a period of imprisonment not to exceed ninety days TWO YEARS, or by both  such  fine  and  imprisonment  in addition to any other applicable penalties.  Any such fine may be reduced by any amount which is paid as restitution by the owner of the dog to the person or  persons  suffering serious   physical  injury  as  compensation  for  unreimbursed  medical expenses, lost earnings and other damages resulting from such injury.

15. ANY PERSON FOUND TO BE IN VIOLATION OF SUBDIVISION SIX,  SEVEN  OR EIGHT  OF  THIS  SECTION  AND  WHO HAS EVER BEEN CONVICTED OF ANY FELONY OFFENSE UNDER TITLE H OF PART THREE OF THE PENAL LAW SHALL BE SUBJECT TO FURTHER INVESTIGATION, INCLUDING, BUT NOT LIMITED TO A  SEARCH  OF  SUCH PERSON'S PERSONAL AND REAL PROPERTY AND THE SEIZURE OF ANY ILLEGAL MATERIALS.

This act shall take effect on the sixtieth day after it shall have become a law.