Provides that a person is guilty of aggravated cruelty to animals when such person intentionally kills or causes serious physical injury to an animal with aggravated cruelty; removes qualification that animal need be a companion animal.
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.
STATE OF NEW YORK ________________________________________________________________________ 5017 2011-2012 Regular Sessions IN 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