STATE OF NEW YORK ________________________________________________________________________ 1278 2025-2026 Regular Sessions IN SENATE January 9, 2025 ___________ Introduced by Sens. GALLIVAN, MURRAY -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture AN ACT to amend the agriculture and markets law, in relation to limiting the right of a person who has violated certain animal cruelty statutes from working at an animal shelter The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 353-a of the agriculture and markets law is amended 2 by adding a new subdivision 4 to read as follows: 3 4. No person who is convicted of a violation of this section shall be 4 allowed to accept or remain in a position as a dog control officer, 5 animal control officer, or as a paid employee or volunteer at the 6 following types of establishments: an animal shelter, pound, duly incor- 7 porated humane society, duly incorporated animal protective association, 8 or duly incorporated society for the prevention of cruelty to animals, 9 on and after the effective date of this subdivision. For the purposes 10 of this subdivision, the term "volunteer" shall not include anyone 11 required by court order to fulfill a community service requirement in 12 service at any animal shelter, pound, duly incorporated humane society, 13 duly incorporated animal protective association, or duly incorporated 14 society for the prevention of cruelty to animals. Any dog control offi- 15 cer, animal control officer or paid employee or volunteer found in 16 violation of this subdivision shall be guilty of a class A misdemeanor. 17 § 2. Section 353 of the agriculture and markets law, as amended by 18 chapter 458 of the laws of 1985 and the opening paragraph as amended by 19 chapter 523 of the laws of 2005, is amended to read as follows: 20 § 353. Overdriving, torturing and injuring animals; failure to provide 21 proper sustenance. 1. A person who overdrives, overloads, tortures or 22 cruelly beats or unjustifiably injures, maims, mutilates or kills any 23 animal, whether wild or tame, and whether belonging to [himself] such 24 person or to another, or deprives any animal of necessary sustenance, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04114-01-5
S. 1278 2 1 food or drink, or neglects or refuses to furnish it such sustenance or 2 drink, or causes, procures or permits any animal to be overdriven, over- 3 loaded, tortured, cruelly beaten, or unjustifiably injured, maimed, 4 mutilated or killed, or to be deprived of necessary food or drink, or 5 who wilfully sets on foot, instigates, engages in, or in any way 6 furthers any act of cruelty to any animal, or any act tending to produce 7 such cruelty, is guilty of a class A misdemeanor and for purposes of 8 paragraph (b) of subdivision one of section 160.10 of the criminal 9 procedure law, shall be treated as a misdemeanor defined in the penal 10 law. 11 2. Nothing herein contained shall be construed to prohibit or inter- 12 fere with any properly conducted scientific tests, experiments or inves- 13 tigations, involving the use of living animals, performed or conducted 14 in laboratories or institutions, which are approved for these purposes 15 by the state commissioner of health. The state commissioner of health 16 shall prescribe the rules under which such approvals shall be granted, 17 including therein standards regarding the care and treatment of any such 18 animals. Such rules shall be published and copies thereof conspicuously 19 posted in each such laboratory or institution. The state commissioner of 20 health or [his] duly authorized representative shall have the power to 21 inspect such laboratories or institutions to insure compliance with such 22 rules and standards. Each such approval may be revoked at any time for 23 failure to comply with such rules and in any case the approval shall be 24 limited to a period not exceeding one year. 25 3. No person who is convicted of a violation of this section shall be 26 allowed to accept or remain in a position as a dog control officer, 27 animal control officer, or as a paid employee or volunteer at the 28 following types of establishments: an animal shelter, pound, duly incor- 29 porated humane society, duly incorporated animal protective association, 30 or duly incorporated society for the prevention of cruelty to animals, 31 on and after the effective date of this subdivision. For the purposes 32 of this subdivision, the term "volunteer" shall not include anyone 33 required by court order to fulfill a community service requirement in 34 service at any animal shelter, pound, duly incorporated humane society, 35 duly incorporated animal protective association, or duly incorporated 36 society for the prevention of cruelty to animals. Any dog control offi- 37 cer, animal control officer or paid employee or volunteer found in 38 violation of this subdivision shall be guilty of a class A misdemeanor. 39 § 3. Section 351 of the agriculture and markets law is amended by 40 adding a new subdivision 7 to read as follows: 41 7. No person who is convicted of a violation of this section shall be 42 allowed to accept or remain in a position as a dog control officer, 43 animal control officer, or as a paid employee or volunteer at the 44 following types of establishments: an animal shelter, pound, duly incor- 45 porated humane society, duly incorporated animal protective association, 46 or duly incorporated society for the prevention of cruelty to animals, 47 on and after the effective date of this subdivision. For the purposes of 48 this subdivision, the term "volunteer" shall not include anyone required 49 by court order to fulfill a community service requirement in service at 50 any animal shelter, pound, duly incorporated humane society, duly incor- 51 porated animal protective association, or duly incorporated society for 52 the prevention of cruelty to animals. Any dog control officer, animal 53 control officer or paid employee or volunteer found in violation of this 54 subdivision shall be guilty of a class A misdemeanor. 55 § 4. Section 355 of the agriculture and markets law, as amended by 56 chapter 458 of the laws of 1985, is amended to read as follows:
S. 1278 3 1 § 355. Abandonment of animals. 1. A person being the owner or posses- 2 sor, or having charge or custody of an animal, who abandons such animal, 3 or leaves it to die in a street, road or public place, or who allows 4 such animal, if it become disabled, to lie in a public street, road or 5 public place more than three hours after [he] such person receives 6 notice that it is left disabled, is guilty of a misdemeanor, punishable 7 by imprisonment for not more than one year, or by a fine of not more 8 than one thousand dollars, or by both. 9 2. No person who is convicted of a violation of this section shall be 10 allowed to accept or remain in a position as a dog control officer, 11 animal control officer, or as a paid employee or volunteer at the 12 following types of establishments: an animal shelter, pound, duly incor- 13 porated humane society, duly incorporated animal protective association, 14 or duly incorporated society for the prevention of cruelty to animals, 15 on and after the effective date of this subdivision. For the purposes of 16 this subdivision, the term "volunteer" shall not include anyone required 17 by court order to fulfill a community service requirement in service at 18 any animal shelter, pound, duly incorporated humane society, duly incor- 19 porated animal protective association, or duly incorporated society for 20 the prevention of cruelty to animals. Any dog control officer, animal 21 control officer or paid employee or volunteer found in violation of this 22 subdivision shall be guilty of a class A misdemeanor. 23 § 5. This act shall take effect on the thirtieth day after it shall 24 have become a law.