Provides that the killing or injuring of a companion animal during the commission of a felony shall be a felony constituting aggravated cruelty to animals.
TITLE OF BILL: An act to amend the agriculture and markets law, in relation to conduct constituting aggravated cruelty to animals
To add to the definition of aggravated cruelty to animals, when such an act occurs during the commission of a felony.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 Amends section 353-a of the agriculture and markets law to expand the definition of aggravate cruelty to a companion animal to include when such offense happens during the commission of a felony.
Section 2 is the effective date.
Current law defines aggravated cruelty to an animal as occurring when it is intended to cause extreme physical pain or is done in an especially depraved or sadistic manner. This section of law does not cover when a companion animal is killed or seriously injured during the commission of a felony. An individual who is committing a felony has already undertaken a serious violation of the law, and should be subject to this section of law when they kill or seriously injure a companion animal. In May of 2013 a dog was stabbed to death during a home robbery. Police suspect that the dog was trying to thwart the robbery. Unfortunately while the robbery is a felony, the act of killing the dog does not trigger an appropriate punishment.
PRIOR LEGISLATIVE HISTORY:
This law shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 5112 2013-2014 Regular Sessions IN SENATE May 10, 2013 ___________Introduced by Sen. GRISANTI -- 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 conduct constituting aggravated 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 animal 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; OR (III) OCCURS DURING THE COMMISSION OF A FELONY. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10897-01-3