S T A T E   O F   N E W   Y O R K
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                                   4693
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2017
                                ___________
 
 Introduced by M. of A. MALLIOTAKIS, RAIA, LUPINACCI, COLTON, MURRAY, RA,
   CURRAN -- Multi-Sponsored by -- M. of A. FRIEND, MAGEE, THIELE -- read
   once and referred to the Committee on Agriculture
 
 AN  ACT  to amend the agriculture and markets law, in relation to penal-
   ties for those committing multiple animal cruelty offenses

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. 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:
   § 353-a. Aggravated cruelty to animals. 1. (A) 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 OR (B) WHEN HE OR SHE
 COMMITS AN OFFENSE DESCRIBED IN SECTION  THREE  HUNDRED  FIFTY-THREE  OF
 THIS  ARTICLE AND HAS BEEN PREVIOUSLY CONVICTED OF AN OFFENSE UNDER SUCH
 SECTION WITHIN THE PAST TEN YEARS. For purposes of this section, "aggra-
 vated 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,  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  properly  conducted  scientific
 tests,  experiments,  or  investigations  involving  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06915-01-7
              

 A. 4693                             2
 
   3. Aggravated cruelty to animals is a felony. A defendant convicted of
 this  offense  shall be [sentenced pursuant to paragraph (b) of subdivi-
 sion one of section 55.10 of the penal law provided, however,  that  any
 term  of  imprisonment  imposed for violation of this section shall be a
 definite  sentence,  which may not exceed two years] GUILTY OF A CLASS E
 FELONY; A DEFENDANT CONVICTED OF  AN  OFFENSE  UNDER  PARAGRAPH  (A)  OF
 SUBDIVISION  ONE OF THIS SECTION WHO HAS PREVIOUSLY BEEN CONVICTED OF AN
 OFFENSE UNDER SECTION THREE HUNDRED FIFTY-THREE OF THIS ARTICLE SHALL BE
 GUILTY OF A CLASS D FELONY; A DEFENDANT CONVICTED OF  THIS  OFFENSE  WHO
 HAS  PREVIOUSLY BEEN CONVICTED OF AN OFFENSE UNDER THIS SECTION SHALL BE
 GUILTY OF A CLASS C FELONY.
   § 2. This act shall take effect immediately.