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.
NEW 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.
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
