S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         5083

                              2011-2012 Regular Sessions

                                   I N  S E N A T E

                                      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:

    1    Section 1. Subdivision 1 of  section  353-a  of  the  agriculture  and
    2  markets  law, as added by chapter 118 of the laws of 1999, is amended to
    3  read as follows:
    4    1. A person is guilty of aggravated cruelty to animals when[,]: EITHER
    5    (A) with no justifiable purpose, he  or  she  intentionally  kills  or
    6  intentionally  causes serious physical injury to a companion animal with
    7  aggravated cruelty[.]; OR
    8    (B) IN THE COURSE OF COMMISSION OF A FELONY, OR  OF  IMMEDIATE  FLIGHT
    9  THEREFROM,  HE  OR  SHE  CAUSES  PHYSICAL INJURY OR DEATH TO A COMPANION
   10  ANIMAL.
   11    For purposes of this section, "aggravated cruelty" shall mean  conduct
   12  which:   (i) is intended to cause extreme physical pain; or (ii) is done
   13  or carried out in an especially depraved or sadistic manner.
   14    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