Includes wildlife animals as those subject to the animal cruelty provisions of the agriculture and markets law.
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.
STATE OF NEW YORK ________________________________________________________________________ 3153 2011-2012 Regular Sessions IN 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