New York Assembly Bill 4786 has been introduced and assigned to the Agriculture Committee. This bill changes language to a current law. Rather than a misdemeanor for owning a "wild animal" that attacks a human, it will now be a Class E felony for, "owning, possessing or harboring a wild animal or reptile." See the list of affected species which are already prohibited in New York below.
There is already a law restricting ownership of these animals. This bill is a complete waste of New York's money and resources.
Agricultural Committee Members and Contact Information: www.assembly.state.ny.us/comm/?sec=mem&id=2
Introduced by Barbara Clark
AN ACT to amend the agriculture and markets law, in relation to prohib-
iting the ownership, possession or harboring of a wild animal or
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 370 of the agriculture and markets law, as added by
2 chapter 1047 of the laws of 1965, is amended to read as follows:
3 S 370.
[Protection of the public from attack by] PROHIBITION OF THE
4 OWNERSHIP, POSSESSION OR HARBORING OF wild animals and reptiles. Any
5 person owning, possessing or harboring a wild animal or reptile capable
6 of inflicting bodily harm upon a human being
[, who shall fail to exer-
cise 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
11 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
14 SECTION 11-0103 OF THE ENVIRONMENTAL CONSERVATION LAW.
15 Previous attacks upon a human being by such wild animal or reptile, or
16 knowledge of the vicious propensities of such wild animal or reptile, on
17 the part of the possessor or harborer thereof, shall not be required to
18 be proven by the people upon a prosecution hereunder; and neither the
19 fact that such wild animal or reptile has not previously attacked a
20 human being, nor lack of knowledge of the vicious propensities of such
21 wild animal or reptile on the part of the owner, possessor or harborer
22 thereof shall constitute a defense to a prosecution hereunder.
23 S 2. This act shall take effect on the first of November next succeed-
24 ing the date on which it shall have become a law.
Text in BOLD is new; matter in brackets [ ] with
strikethrough is old law to be omitted.
Under current New York law:
Sec. 11-0512. Possession, sale, barter, transfer, exchange and import of wild animals as pets prohibited.
1. No person shall knowingly possess, harbor, sell, barter, transfer, exchange or import any wild animal for use as a pet in New York state, except as provided in subdivision three of this section.
Definition of “WILD ANIMAL” in paragraph E, subdivision 6, section 11-0103 of the Environmental Conservation Law:
- "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)),
(5) All reptiles that are venomous by nature, pursuant to department regulation, and the following species and orders: Burmese Python (Python 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,