S 3490: Increases the penalties for owners of dangerous dogs and subjects certain dangerous dog owners to further investigation.

  
  STATE OF NEW YORK ________________________________________________________________________ 3490 2025-2026 Regular Sessions  IN SENATE January 28, 2025 ___________ Introduced by Sen. TEDISCO -- 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 increas- ing penalties for the owners of dangerous dogs The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 6, 7 and 8 of section 123 of the agriculture 2 and markets law, subdivision 6 as amended by chapter 392 of the laws of 3 2004, subdivisions 7 and 8 as amended by chapter 526 of the laws of 4 2005, and such section as renumbered by section 18 of part T of chapter 5 59 of the laws of 2010, are amended and a new subdivision 15 is added to 6 read as follows: 7 6. The owner of a dog who, through any act or omission, negligently 8 permits [his or her] their dog to bite a person[, service dog, guide 9 dog] or [hearing] dog causing physical injury shall be subject to a 10 civil penalty not to exceed [four hundred] one thousand dollars in addi- 11 tion to any other applicable penalties. 12 7. The owner of a dog who, through any act or omission, negligently 13 permits [his or her] their dog to bite a person causing serious physical 14 injury shall be subject to a civil penalty and up to a class E felony 15 punishable by a fine of not to exceed [one] five thousand [five hundred] 16 dollars in addition to any other applicable penalties. Any such penalty 17 may be reduced by any amount which is paid as restitution by the owner 18 of the dog to the person or persons suffering serious physical injury as 19 compensation for unreimbursed medical expenses, lost earnings and other 20 damages resulting from such injury. 21 8. The owner of a dog who, through any act or omission, negligently 22 permits [his or her] their dog, which had previously been determined to 23 be dangerous pursuant to this article, to bite a person causing serious 24 physical injury, shall be guilty of a [misdemeanor] class E felony 25 punishable by a fine of not more than [three] five thousand dollars, or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04311-01-5 
 S. 3490 2 1 by a period of imprisonment not to exceed [ninety days] two years, or by 2 both such fine and imprisonment in addition to any other applicable 3 penalties. Any such fine may be reduced by any amount which is paid as 4 restitution by the owner of the dog to the person or persons suffering 5 serious physical injury as compensation for unreimbursed medical 6 expenses, lost earnings and other damages resulting from such injury. 7 15. Any person found to be in violation of subdivision six, seven or 8 eight of this section and who has ever been convicted of any felony 9 offense under title H of part three of the penal law shall be subject to 10 further investigation, including, but not limited to a search of such 11 person's personal and real property and the seizure of any illegal mate- 12 rials. 13 § 2. This act shall take effect on the sixtieth day after it shall 14 have become a law.