S5017-2011 Actions

• Jan 4, 2012: REFERRED TO AGRICULTURE
• May 2, 2011: REFERRED TO AGRICULTURE

S5017-2011 Meetings

S5017-2011 Memo

BILL NUMBER:S5017

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

PURPOSE:
This legislation provides that a person is guilty of aggravated
cruelty to animals when he or she intentionally kills or causes
serious physical injury to an animal with aggravated cruelty.

SUMMARY OF PROVISIONS:
Amends Section 353-a of the agriculture and markets law by removing
the word companion from the section.

JUSTIFICATION:
Currently New York State Law only allows for felony charges to be
brought against individuals who commit aggravated cruelty to
companion animals, such as dogs and cats, all other animals are
exempt from this felony provision. Extremely depraved conduct to
other types of animals has occurred across the state, however because
the existing law only applies to companion animals, the individuals
committing these crimes can only be charged with a misdemeanor. This
act would help to stop the increased violence and maltreatment of
animals by expanding the aggravated cruelty statute to include all
animals.

LEGISLATIVE HISTORY:
2009/10: A.6047/S.6284

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect the 90th day after it shall have become law.

S5017-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         5017
 2011-2012 Regular Sessions
 I N  SENATE
 May 2, 2011
 
 Introduced  by  Sen.  DeFRANCISCO -- 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. 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,  with  no
 justifiable  purpose,  he  or  she  intentionally kills or intentionally
 causes serious physical injury to [a companion] AN  animal  with  aggra
 vated 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.
 

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.
 LBD01970-01-1

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