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Dogs Deserve Better than to be chained 24/7

Some of the latest legislative state law changes for NY, skimmed from the ASPCA.ORG newsletter: 

A.7644, written and spearheaded by the ASPCA, expanded the coverage of New York's low-cost spay/neuter program to low income New Yorkers regardless of where they obtain their pets.

Mandated Fingerprinting for Animal Abusers
Bill Number: A.1011-A/S.2826-A
... those arrested for misdemeanor animal cruelty be fingerprinted and photographed as required for other misdemeanor crimes

This law amends the dangerous dog law by increasing the fines for owners who negligently permit their dogs to bite a person causing serious physical injury (from $800 to $1,500); and for owners who negligently permit a dog previously found dangerous to bite causing serious physical injury (from not more than $1,000 to not more than $3,000).

A.1822/S.633 would make it illegal to organize, conduct, promote or participate in contests designed to reward the person who shoots the most wildlife. These wildlife shooting contests, which have become popular in New York State in recent years, endanger public safety and trivialize the seriousness with which true sportsmen approach responsible hunting activities. Look for this bill again in 2006. The ASPCA assisted in drafting the legislation, and offered support via memos and alerts.

This bill would help ensure that those entrusted with the well-being of companion animals while enforcing New York's dog control laws have not been convicted of an offense involving cruelty, neglect, mistreatment or theft of animals. A.7411 will be considered again in 2006.

A.1641/S.2539 will clarify the law to make sure that the crime of abandoning an animal includes those situations where a person leaves an animal to fend for itself with no intention of returning, regardless of whether the offense occurs on public or private property. Current New York law leaves authorities uncertain as to whether abandonment has occurred when animals are left indoors-in apartments, houses or other buildings.

A.5132 would make it unlawful to confine a companion animal in a vehicle in extreme temperatures without adequate ventilation or protection from the elements whenever such confinement places the animal in imminent danger of death or serious physical injury due to exposure to extreme heat or cold. The bill authorizes police and peace officers to remove animals from these dangerous situations when they cannot promptly locate the operator of the vehicle. Officers would be exempted from civil and criminal liability for damage they cause to motor vehicles pursuant to this section as long as they act reasonably and in good faith. The ASPCA wrote and supports this legislation.

I. Introduction 

Successful investigation and prosecution of animal cruelty cases in New York State present unique challenges for police, peace officers, district attorneys and judges alike. The location of our "anticruelty" laws itself creates substantial confusion. Cruelty to animals is a crime in New York. But unlike other crimes, it cannot be found in the Penal Law. Instead, the cruelty provisions, along with other sections of law governing treatment of animals, are grouped together in Article 26 of the Agriculture and Markets law, an unfamiliar area in the everyday work of most law enforcement officials.

Further complicating the matter, the police are not the only ones with authority to investigate animal cruelty complaints. Police, both local and state, have the power, as well as the obligation, to pursue all alleged crimes that coma to their attention, including those involving cruelty to animals (see CPL sec 15020; Agriculture and Markets Law sec. 371).

Peace officers employed by county societies for the prevention of cruelty to animals (SPCAs) are also empowered to investigate, apply for and execute search and arrest warrants and to participate in prosecutions of alleged animal abusers. This dual authority can create uncertainty as to who should be dealing with animal abuse complaints in a particular jurisdiction. At times, local practices may fall out of sync with the dictates of the law.

In addition to existing laws that prohibit animal cruelty, a new law took effect in New York on November 1, 1999. This provision makes cases of severe cruelty to companion animals a felony offense. This latest legislative development ability to prosecute serious, intentional abuse as a serious crime with heightened criminal sanctions makes it that much more crucial for law enforcement personnel to be fully versed in all facets of animal cruelty law.

And, there is another reason that our criminal justice system sees the need to take animal cruelty more seriously; the connection between animal abuse and violence toward other vulnerable victims, particularly women and children, is now firmly established. Indeed, most serial killers have a history of abusing or torturing animals, often before moving on to human victims.