S2560-2013 - NY Senate Open Legislation - Expands the definition of aggravated cruelty to animals to include harm to a companion animal during the commission of a felony

Expands the definition of aggravated cruelty to animals to include harm to animals during the commission of a felony.

Sponsor: BALL / Co-sponsor(s): ADDABBO, RANZENHOFER
Law Section: Agriculture and Markets Law / Law: Amd S353-a, Ag & Mkts L

S2560-2013 Actions

May 6, 2013: ADVANCED TO THIRD READING
May 1, 2013: 2ND REPORT CAL.
Apr 30, 2013: 1ST REPORT CAL.453
Jan 22, 2013: REFERRED TO AGRICULTURE

S2560-2013 Meetings

Agriculture: Apr 30, 2013

S2560-2013 Calendars

Floor Calendar: May 1, 2013 , Floor Calendar: May 6, 2013 , Floor Calendar: May 7, 2013 , Floor Calendar: May 8, 2013 , Floor Calendar: May 20, 2013 , Floor Calendar: May 21, 2013 , Floor Calendar: May 22, 2013 , Floor Calendar: May 23, 2013

S2560-2013 Votes

VOTE: COMMITTEE VOTE: - Agriculture - Apr 30, 2013

Ayes (9): Ritchie, Gallivan, O'Mara, Ranzenhofer, Seward, Valesky, Young, Serrano, Tkaczyk
Ayes W/R (1): Gipson
Nays (1): Montgomery

S2560-2013 Memo

BILL NUMBER:S2560

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:
5/3/11 Referred to Agriculture
5/1/12 Reported and Committed to Codes

FISCAL IMPLICATIONS: None

EFFECTIVE DATE:
This act shall take immediately.

S2560-2013 Text

 S T A T E   O F   N E W   Y O R K
 
                                          2560
 2013-2014 Regular Sessions
 I N  SENATE
 January 22, 2013
 
 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.
 LBD07301-01-3

S2560-2013: Expands the definition of aggravated cruelty to animals to include harm to a companion animal during the commission of a felony