Expands the definition of aggravated cruelty to animals to include harm to animals during the commission of a felony.
Ayes (63): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
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.
STATE OF NEW YORK ________________________________________________________________________ 2560--A Cal. No. 453 2013-2014 Regular Sessions IN SENATE January 22, 2013 ___________Introduced by Sens. BALL, ADDABBO, RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Agricul- ture -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading 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 , AS DEFINED IN SUBDIVISION TWENTY-NINE OF SECTION ONE HUNDRED EIGHT OF THIS CHAPTER, 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, AS DEFINED IN SUBDIVISION TWENTY-EIGHT OF SECTION ONE HUNDRED EIGHT OF THIS CHAPTER, 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. LBD07301-02-3