S5083-2011 Actions

• May 1, 2012: REPORTED AND COMMITTED TO CODES
• Jan 4, 2012: REFERRED TO AGRICULTURE
• May 3, 2011: REFERRED TO AGRICULTURE

S5083-2011 Meetings

S5083-2011 Votes

S5083-2011 Memo

BILL NUMBER:S5083

TITLE OF BILL:
An act
to amend the agriculture and markets law, in relation to expanding the
definition of aggravated cruelty to animals to include harm to animals
during the commission of a felony

PURPOSE:
To enhance laws relating to animal cruelty by including harm caused
during the commission of a felony or flight there from.

SUMMARY OF PROVISIONS:
Subdivision 1. of section 353-a of the agriculture and markets law, is
amended to criminalize the physical injury or death of a companion
animal that is caused during the course of commission of a felony or the
immediate flight there from.

JUSTIFICATION:
The recent case of drug traffickers cutting open the bellies of puppies
to transport liquid heroin into this country has opened our eyes to the
depths criminals will sink to accomplish their criminal enterprises.
Although the current definition of aggravated cruelty to animals will
most likely apply to the actions of these depraved individuals, we
cannot ignore the potential harm to other innocent animals misused or
even killed in the commission of felonies. Furthermore, in their total
disregard for the lives of pets, arsonists and burglars often perpetrate
horrendous acts of cruelty to human victims by not only destroying or
stealing property, but also by harming their beloved animals that are
either left to perish in flames or harmed in their attempt to protect
their masters from intruders.

This bill enhances aggravated cruelty to animals statute by including
specific provisions related to criminal activity, thus allowing society
to hold criminals responsible for the full extent of the harm they
cause.

LEGISLATIVE HISTORY:
2010: A.10541; Referred to Agriculture
2008: A.5838; Held for consideration in Agriculture
2007: A.5838; Referred to Agriculture
2006: A.9932; Held for consideration in Agriculture

FISCAL IMPLICATIONS:
None

EFFECTIVE DATE:
This act shall take immediately.

S5083-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         5083
 2011-2012 Regular Sessions
 I N  SENATE
 May 3, 2011
 
 Introduced  by  Sen.  BALL  --  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  expand
 ing the definition of aggravated cruelty to animals to include harm to
 animals during the commission of a felony
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Subdivision 1 of  section  353-a  of  the  agriculture  and
 markets  law, as added by chapter 118 of the laws of 1999, is amended to
 read as follows:

 1. A person is guilty of aggravated cruelty to animals when[,]: EITHER
 (A) with no justifiable purpose, he  or  she  intentionally  kills  or
 intentionally  causes serious physical injury to a companion animal with
 aggravated cruelty[.]; OR
 (B) IN THE COURSE OF COMMISSION OF A FELONY, OR  OF  IMMEDIATE  FLIGHT
 THEREFROM,  HE  OR  SHE  CAUSES  PHYSICAL INJURY OR DEATH TO A COMPANION
 ANIMAL.
 For purposes of this section, "aggravated cruelty" shall mean  conduct
 which:   (i) is intended to cause extreme physical pain; or (ii) is done
 or carried out in an especially depraved or sadistic manner.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02012-01-1

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