Makes the commission of cruelty to 10 or more animals during the same criminal transaction, a class E felony.
BILL NUMBER: S1496
TITLE OF BILL : An act to amend the agriculture and markets law, in relation to cruelty to ten or more animals
PURPOSE : To make cruelty to ten or more animals during the same criminal transaction a class E felony
SUMMARY OF PROVISIONS : Section 1 -- Amends section 353 of the Agriculture and Markets law and establishes that anyone who is cruel to ten or more animals in the same criminal transaction is guilty of a class E felony.
Section 2 -- Effective date.
JUSTIFICATION : Animal abuse or neglect must never he tolerated by the people of New York State Abusing or neglecting one animal is truly awful and should be punished appropriately. As bad as that is. abusing multiple animals is even worse.
This bill attempts to create an appropriate punishment for those who abuse or neglect ten or more animals in a single criminal transaction, Hopefully, by making this crime a class E felony, we can not only create a fair punishment but also deter those who may potentially treat animals in such a terrible manner
LEGISLATIVE HISTORY :
S.5989/A.9529 of 2004 S.2981/A.977 of 2005-2006 S.913/A.11486 of 2007-2008
FISCAL IMPLICATIONS : None.
LOCAL FISCAL IMPLICATIONS : None.
EFFECTIVE DATE : This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 1496 2009-2010 Regular Sessions IN SENATE February 2, 2009 ___________Introduced by Sens. DeFRANCISCO, ALESI, GOLDEN, GRIFFO, LARKIN, MAZIARZ, MORAHAN, SAMPSON, VOLKER -- 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 cruelty to ten or more animals THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 353 of the agriculture and markets law, as amended by chapter 458 of the laws of 1985, the opening paragraph as amended by chapter 523 of the laws of 2005, is amended to read as follows: S 353. Overdriving, torturing and injuring animals; failure to provide proper sustenance. A person who overdrives, overloads, tortures or cruelly beats or unjustifiably injures, maims, mutilates or kills any animal, whether wild or tame, and whether belonging to himself, HERSELF or to another, or deprives any animal of necessary sustenance, food or drink, or neglects or refuses to furnish it such sustenance or drink, or causes, procures or permits any animal to be overdriven, overloaded, tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or killed, or to be deprived of necessary food or drink, or who
[wilfully]WILLFULLY sets on foot, instigates, engages in, or in any way furthers any act of cruelty to any animal, or any act tending to produce such cruelty, is guilty of a class A misdemeanor and for purposes of para- graph (b) of subdivision one of section 160.10 of the criminal procedure law, shall be treated as a misdemeanor defined in the penal law; PROVIDED, HOWEVER, THAT ANY PERSON WHO ENGAGES IN ANY SUCH CONDUCT TOWARD TEN OR MORE ANIMALS AS PART OF THE SAME CRIMINAL TRANSACTION, IS GUILTY OF A CLASS E FELONY AS DEFINED IN THE PENAL LAW. Nothing [herein contained]IN THIS SECTION shall be construed to prohibit or interfere with any properly conducted scientific tests, experiments or investigations, involving the use of living animals, performed or conducted in laboratories or institutions, which areEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02137-01-9 S. 1496 2
approved for these purposes by the
[state]commissioner of health. The [state]commissioner of health shall prescribe the rules under which such approvals shall be granted, including therein standards regarding the care and treatment of any such animals. Such rules shall be published and copies thereof conspicuously posted in each such laborato- ry or institution. The [state]commissioner of health or his OR HER duly authorized representative shall have the power to inspect such laborato- ries or institutions to insure compliance with such rules and standards. Each such approval may be revoked at any time for failure to comply with such rules and in any case the approval shall be limited to a period not exceeding one year. S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.