Bill S5083-2011

Expands the definition of aggravated cruelty to animals to include harm to a companion animal during the commission of a felony

Expands the definition of aggravated cruelty to animals to include harm to animals during the commission of a felony.

Details

Actions

  • May 1, 2012: REPORTED AND COMMITTED TO CODES
  • Jan 4, 2012: REFERRED TO AGRICULTURE
  • May 3, 2011: REFERRED TO AGRICULTURE

Votes

VOTE: COMMITTEE VOTE: - Agriculture - May 1, 2012
Ayes (9): Ritchie, Gallivan, O'Mara, Ranzenhofer, Seward, Young, Kennedy, Avella, Huntley
Excused (1): Valesky

Memo

BILL NUMBER:S5083

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: 2010: A.10541; Referred to Agriculture 2008: A.5838; Held for consideration in Agriculture 2007: A.5838; Referred to Agriculture 2006: A.9932; Held for consideration in Agriculture

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 5083 2011-2012 Regular Sessions IN SENATE May 3, 2011 ___________
Introduced by Sen. BALL -- 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 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 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 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.

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