On January 18, 2013, Assemblywoman Barbara M. Clark (D-Queens Village) introduced Assembly Bill 2869 which was referred to Agriculture the same day. A2869 seeks to criminalize all ownership of wild animals or reptiles “capable of inflicting bodily harm upon a human” as a felony. The full text of A2869 is linked (above) and it is quoted verbatim below as well.
Herp Alliance strongly opposes A2869. The definition of “capable of inflicting bodily harm upon a human” covers all reptiles without exception and seeks to make ownership of reptiles in New York a felony.
370. 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 is guilty of a CLASS E FELONY AS DEFINED BY THE PENAL LAW.
FOR THE PURPOSES OF THIS SECTION, “WILD 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.