S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                          239

                              2009-2010 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 7, 2009
                                      ___________

       Introduced  by  M.  of  A. MAGNARELLI, MILLMAN, V. LOPEZ, GLICK, TITONE,
         DelMONTE, BENEDETTO, CUSICK, ROBINSON, EDDINGTON -- Multi-Sponsored by
         -- M. of A. BING, BOYLAND,  COLTON,  JAFFEE,  KOON,  LUPARDO,  MAISEL,
         MARKEY,  PHEFFER,  J. RIVERA, SWEENEY, TOWNS -- read once and referred
         to the Committee on Agriculture

       AN ACT to amend the agriculture and markets law, in relation  to  penal-
         ties for cruelty to animals

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. The two undesignated paragraphs of section 353 of the agri-
    2  culture and markets law are designated subdivisions 1 and 2, and  subdi-
    3  vision  1,  as amended by chapter 523 of the laws of 2005, is amended to
    4  read as follows:
    5    1. A person who overdrives, overloads, tortures or  cruelly  beats  or
    6  unjustifiably  injures,  maims,  mutilates  or kills any animal, whether
    7  wild or tame, and  whether  belonging  to  himself  or  to  another,  or
    8  deprives  any animal of necessary sustenance, food or drink, or neglects
    9  or refuses to furnish it such sustenance or drink, or  causes,  procures
   10  or  permits  any  animal to be overdriven, overloaded, tortured, cruelly
   11  beaten, or unjustifiably injured, maimed, mutilated or killed, or to  be
   12  deprived  of  necessary  food  or  drink,  or who wilfully sets on foot,
   13  instigates, engages in, or in any way furthers any act of cruelty to any
   14  animal, or any act tending to produce such cruelty[,]: (A) IF  FOUND  TO
   15  DO  SO WITH NEGLIGENCE OR RECKLESSNESS, is guilty of a class A misdemea-
   16  nor and for purposes of paragraph (b)  of  subdivision  one  of  section
   17  160.10  of the criminal procedure law, shall be treated as a misdemeanor
   18  defined in the penal law; OR (B) IF FOUND TO  DO  SO  INTENTIONALLY,  IS
   19  GUILTY OF A CLASS E FELONY AS DEFINED IN THE PENAL LAW.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00545-01-9

       A. 239                              2

    1    S  2.  Subdivision  3  of section 353-a of the agriculture and markets
    2  law, as added by chapter 118 of the laws of 1999, is amended to read  as
    3  follows:
    4    3. Aggravated cruelty to animals is a felony. A defendant convicted of
    5  this  offense  shall be [sentenced pursuant to paragraph (b) of subdivi-
    6  sion one of section 55.10 of the penal law provided, however,  that  any
    7  term  of  imprisonment  imposed for violation of this section shall be a
    8  definite sentence, which may not exceed two years] CONVICTED OF A  CLASS
    9  D FELONY AS DEFINED IN THE PENAL LAW.
   10    S 3. This act shall take effect on the first of November next succeed-
   11  ing the date on which it shall have become a law.