BILL NO A03661
SAME AS No same as
SPONSOR Tenney (MS)
COSPNSR Ra, Kearns, Titone, McDonough, Graf, Colton, Corwin, Brook-Krasny
MLTSPNSR Ceretto, DiPietro, Giglio, Magee, McKevitt, Simanowitz, Thiele
Add S355-a, Ag & Mkts L
Relates to aggravated neglect of a companion animal.
TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to
aggravated neglect of a companion animal
PURPOSE OR GENERAL IDEA OF BILL:
Creates the crime of Aggravated Neglect of a Companion Animal.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 creates new law, Section 355-a of the Agriculture and
Markets law. This section creates the crime of Aggravated Neglect of a
Companion Animal. Aggravated Neglect relates to companion animals
subjected to cruelty where the owner has not taken reasonable steps to
locate and provide reasonable care for the animal. Section 1 also
creates the penalty for Aggravated neglect which is a felony.
Section 2 contains the effective date.
This bill is named after Apollo, a 3 year old pitbull who was left
abandoned, tied to a picnic table in subzero temperatures. Although,
animals being abandoned in subzero temperatures is rare, animal
abandonment is a regular occurrence. This bill looks to strengthen
the penalties for cruelty, neglect, and abandonment of companion
PRIOR LEGISLATIVE HISTORY:
01/31/14 referred to agriculture
This act shall take effect immediately.
S T A T E O F N E W Y O R K
2015-2016 Regular Sessions
I N A S S E M B L Y
January 27, 2015
Introduced by M. of A. TENNEY, RA, KEARNS, TITONE, McDONOUGH, GRAF,
COLTON, CORWIN, BROOK-KRASNY -- Multi-Sponsored by -- M. of A. CERET-
TO, DiPIETRO, GIGLIO, MAGEE, McKEVITT, SIMANOWITZ, THIELE -- read once
and referred to the Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to aggra-
vated neglect of a companion animal
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The agriculture and markets law is amended by adding a new
2 section 355-a to read as follows:
3 S 355-A. AGGRAVATED NEGLECT. 1. AN OWNER SHALL BE LIABLE FOR AGGRA-
4 VATED NEGLECT WHEN A COMPANION ANIMAL IS SUBJECTED TO CRUELTY, AS
5 DEFINED IN SECTION THREE HUNDRED FIFTY OF THIS ARTICLE, AND THE OWNER
6 HAS NOT TAKEN REASONABLE STEPS TO LOCATE THE ANIMAL OR PROVIDE ADEQUATE
7 CARE. FOR THE PURPOSES OF THIS SECTION THE TERM ABANDONMENT SHALL HAVE
8 THE SAME MEANING AS SUPPLIED IN SECTION THREE HUNDRED FIFTY-FIVE OF THIS
9 ARTICLE PROVIDED, HOWEVER THAT THE FINE AND SENTENCING GUIDELINES SHALL
10 BE AS PROSCRIBED HEREIN.
11 2. AGGRAVATED NEGLECT OF COMPANION ANIMALS IS A FELONY. A DEFENDANT
12 CONVICTED OF THIS OFFENSE SHALL BE SENTENCED PURSUANT TO PARAGRAPH (B)
13 OF SUBDIVISION ONE OF SECTION 55.10 OF THE PENAL LAW PROVIDED, HOWEVER,
14 THAT ANY TERM OF IMPRISONMENT IMPOSED FOR VIOLATION OF THIS SECTION
15 SHALL BE A DEFINITE SENTENCE, WHICH MAY NOT EXCEED TWO YEARS.
16 S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.