Includes wildlife animals as those subject to the animal cruelty provisions of the agriculture and markets law.

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S3153-2011 Actions

• Feb 10, 2011: REFERRED TO AGRICULTURE

S3153-2011 Memo

BILL NUMBER:S3153

TITLE OF BILL:
An act
to amend the agriculture and markets law, in relation to aggravated
cruelty to animals

PURPOSE OR GENERAL IDEA OF BILL:
This legislation would expand the
existing aggravated cruelty law to cover intentional acts of extreme
cruelty to wildlife as well as companion animals.

SUMMARY OF SPECIFIC PROVISIONS:
Subdivision 1 of section 353-a of the
agriculture and markets law, is amended to expand the existing
aggravated cruelty law to cover intentional acts of extreme cruelty
to wildlife as defined in section 11-0103 of the environmental
conservation law. Subdivision 2 of section 353-a is amended to make
it clear that nothing in the legislation would interfere with sound
agricultural practices engaged in pursuant to section 308 of the
agriculture and markets law.

JUSTIFICATION:
This legislation will extend the coverage of the felony
animal cruelty law to cover wildlife. Since the passage of the felony
animal cruelty statute, there have been a number of egregious cases
in which wild animals have been captured and tortured. This bill
would allow these cases to be prosecuted under the felony animal
cruelty statute. It is important to note that in no way would this
change affect the lawful hunting or trapping licensed by the
Department of Environmental Conservation.

The stringent standard of proof created by the "aggravating" factors
contained in the felony law -- that require proof of intent to cause
extreme physical pain or that the conduct was especially depraved or
sadistic -- would remain unchanged, thereby ensuring that only the
most heinous cases of the mistreatment of wild animals are treated as
felony offenses.

PRIOR LEGISLATIVE HISTORY:
2005-06: A.1850A - Agriculture
2004:    A.6507  - Agriculture
2003:    A.6507  - Agriculture

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after
it shall have become law.

S3153-2011 Text

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

                                    3153

                         2011-2012 Regular Sessions

                              I N  SENATE

                              February 10, 2011
                                 ___________

  Introduced  by  Sen.  KRUGER -- 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  aggra-
    vated cruelty to animals

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


    Section 1. Subdivisions 1 and 2 of section 353-a  of  the  agriculture
  and  markets  law,  as  added  by  chapter  118 of the laws of 1999, are
  amended to read as follows:

    1. A person is guilty of aggravated cruelty to animals when,  with  no
  justifiable  purpose,  he  or  she  intentionally kills or intentionally
  causes serious physical injury to a companion  animal  OR  WILDLIFE,  AS
  DEFINED  IN  SUBDIVISION  SIX  OF  SECTION  11-0103 OF THE ENVIRONMENTAL
  CONSERVATION LAW, OTHER THAN  INSECTS  with  aggravated  cruelty.    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.
    2. Nothing contained in this section shall be construed to prohibit or
  interfere in any way with anyone lawfully engaged in hunting,  trapping,
  or fishing, as provided in article eleven of the environmental conserva-
  tion  law, ACTIVITIES DEEMED TO BE SOUND AGRICULTURAL PRACTICES PURSUANT
  TO SECTION THREE HUNDRED EIGHT OF THIS CHAPTER, the dispatch of rabid or
  diseased animals, as provided in article twenty-one of the public health
  law, or the dispatch of animals posing a threat to human safety or other
  animals, where such action is otherwise legally authorized, or any prop-
  erly conducted scientific tests, experiments, or investigations  involv-
  ing the use of living animals, performed or conducted in laboratories or
  institutions  approved  for  such purposes by the commissioner of health
  pursuant to section three hundred fifty-three of this article.
    S 2. This act shall take effect on the ninetieth day  after  it  shall
  have become a law.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD02265-01-1