Posted by:
Katrina
at Thu Jan 21 17:41:38 2010 [ Email Message ] [ Show All Posts by Katrina ]
If I'm interpreting this correctly, and I may not be, it seems like it's taking possession of the following animals from a misdermeanor to a CLASS E FELONY. So, if I move into NY to get a better job or take care of an aging parent, and my black-throated monitor that I've had as a pet for 10 years comes with me, I'd be guilty of a FELONY and lose my right to vote, own a gun, and lose a LOT of potential JOBS?
Katrina
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New York Environmental Conservation Law Section 11-0103 - Definitions.
6. e. "Wild animal" shall not include "companion animal" as defined in section three hundred fifty of the agriculture and markets law. Wild animal includes, and is limited to, any or all of the following orders and families:
(1) Nonhuman primates and prosimians,
(2) Felidae and all hybrids thereof, with the exception of the species Felis catus (domesticated and feral cats, which shall mean domesticated cats that were formerly owned and that have been abandoned and that are no longer socialized, as well as offspring of such cats) and hybrids of Felis catus that are registered by the American Cat Fanciers Association or the International Cat Association provided that such cats be without any wild felid parentage for a minimum of five generations,
(3) Canidae (with the exception of domesticated dogs and captive bred fennec foxes (vulpes zerda)),
(4) Ursidae,
(5) All reptiles that are venomous by nature, pursuant to department regulation, and the following species and orders: Burmese Python (Python m. bivittatus), Reticulated Python (Python reticulatus), African Rock Python(Python sabae), Green Anaconda(Eunectes maurinus), Yellow Anaconda (Eunectes notaeus), Australian Amethystine Python (Morelia amethistina and Morelia kinghorni), Indian Python (Python molurus), Asiatic (water) Monitor (Varanus salvator), Nile Monitor (Varanus nilocitus), White Throat Monitor (Varanus albigularis), Black Throat Monitor (Varanus albigularis ionides) and Crocodile Monitor (Varanus salvadori), Komodo Dragon (Varanus komodensis) and any hybrid thereof,
(6) Crocodylia.
S T A T E O F N E W Y O R K
7935
2009-2010 Regular Sessions
I N A S S E M B L Y
April 28, 2009
___________
Introduced by M. of A. CLARK -- read once and referred to the Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to prohibiting the ownership, possession or harboring of a wild animal or reptile
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 370 of the agriculture and markets law, as added by chapter 1047 of the laws of 1965, is amended to read as follows:
S 370. [Protection of the public from attack by] PROHIBITION OF THE OWNERSHIP, POSSESSION OR HARBORING OF wild animals and reptiles.
Any person owning, possessing or harboring a wild animal or reptile capable of inflicting bodily harm upon a human being[, who shall fail to exercise due care in safeguarding the public from attack by such wild animal or reptile,] is guilty of a [misdemeanor, punishable by imprisonment for not more than one year, or by a fine of not more than five hundred dollars, or by both] CLASS E FELONY AS DEFINED BY THE PENAL LAW. FOR THE PURPOSES OF THIS SECTION, "[Wild] WILD animal" [within the meaning of this section, shall not include a dog or cat or other domestic animal] IS DEFINED IN ACCORDANCE TO PARAGRAPH E OF SUBDIVISION SIX OF SECTION 11-0103 OF THE ENVIRONMENTAL CONSERVATION LAW.
Previous attacks upon a human being by such wild animal or reptile, or knowledge of the vicious propensities of such wild animal or reptile, on the part of the possessor or harborer thereof, shall not be required to be proven by the people upon a prosecution hereunder; and neither the fact that such wild animal or reptile has not previously attacked a human being, nor lack of knowledge of the vicious propensities of such wild animal or reptile on the part of the owner, possessor or harborer thereof shall constitute a defense to a prosecution hereunder.
S 2. This act shall take effect on the first of November next succeeding 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.
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Interpretation and full text of bill - Katrina, Thu Jan 21 17:41:38 2010