A00957 Summary:

BILL NO    A00957 

SAME AS    SAME AS S01270

SPONSOR    Rosenthal (MS)

COSPNSR    Benedetto, Kavanagh, Paulin, Titone, Raia, Englebright, Weprin, Otis,
           DiPietro, Santabarbara

MLTSPNSR   Colton, Dinowitz, Glick, Hevesi, Katz, Lifton, Lupardo, McDonald,
           McDonough, Perry, Tenney

Amd S353-a, Ag & Mkts L

Includes wildlife animals as those subject to the animal cruelty provisions of
the agriculture and markets law.
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A00957 Actions:

BILL NO    A00957 

01/08/2015 referred to agriculture
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A00957 Votes:

There are no votes for this bill in this legislative session.
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A00957 Memo:

BILL NUMBER:A957

TITLE OF BILL:  An act to amend the agriculture and markets law, in
relation to aggravated cruelty to animals

PURPOSE OR GENERAL IDEA OF BILL: This legislation would expand the
existing aggravated cruelty law to cover intentional acts of extreme
cruelty to wildlife as well as companion animals.

SUMMARY OF SPECIFIC PROVISIONS:

Section one amends Subdivision 1 of section 353-a of the agriculture
and markets law, is amended to expand the existing aggravated cruelty
law to cover intentional acts of extreme cruelty to wildlife as
defined in section 11-0103 of the environmental conservation law.
Subdivision 2 of section 353-a is amended to make it clear that
nothing in the legislation would interfere with sound agricultural
practices engaged in pursuant to section 308 of the agriculture and
markets law.

Section two sets forth the effective date.

JUSTIFICATION: This legislation will extend the coverage of the felony
animal cruelty law to cover wildlife. Since the passage of the felony
animal cruelty statute, there have been a number of egregious cases in
which wild animals have been captured and tortured. This bill would
allow these cases to be prosecuted under the felony animal cruelty
statute. It is important to note that in no way would this change
affect the lawful-hunting or trapping licensed by the Department of
Environmental Conservation or the exercise of activities deemed to be
sound agricultural practices.

The stringent standard of proof created by the "aggravating" factors
contained in the felony law -- that require proof of intent to cause
extreme physical pain or that the conduct was especially depraved or
sadistic would remain unchanged, thereby ensuring that only the most
heinous cases of the mistreatment of wild animals are treated as
felony offenses.

PRIOR LEGISLATIVE HISTORY:  A.238 of 2013-2014 A.1843 of 2011-2012

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the ninetieth day after
it shall have become law.
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A00957 Text:

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

                                          957

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                    January 8, 2015
                                      ___________

       Introduced  by  M. of A. ROSENTHAL, BENEDETTO, KAVANAGH, PAULIN, TITONE,
         RAIA, ENGLEBRIGHT, WEPRIN, OTIS, DiPIETRO, SANTABARBARA -- Multi-Spon-
         sored by -- M. of A. COLTON, DINOWITZ, GLICK,  HEVESI,  KATZ,  LIFTON,
         LUPARDO,  McDONALD, McDONOUGH, PERRY, TENNEY -- read once and referred
         to the Committee on Agriculture

       AN ACT to amend the agriculture and markets law, in relation  to  aggra-
         vated cruelty to animals

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

    1    Section 1. Subdivisions 1 and 2 of section 353-a  of  the  agriculture
    2  and  markets  law,  as  added  by  chapter  118 of the laws of 1999, are
    3  amended to read as follows:
    4    1. A person is guilty of aggravated cruelty to animals when,  with  no
    5  justifiable  purpose,  he  or  she  intentionally kills or intentionally
    6  causes serious physical injury to a companion  animal  OR  WILDLIFE,  AS
    7  DEFINED  IN  SUBDIVISION  SIX  OF  SECTION  11-0103 OF THE ENVIRONMENTAL
    8  CONSERVATION LAW, OTHER THAN INSECTS,  with  aggravated  cruelty.    For
    9  purposes of this section, "aggravated cruelty" shall mean conduct which:
   10  (i)  is  intended  to  cause  extreme  physical pain; or (ii) is done or
   11  carried out in an especially depraved or sadistic manner.
   12    2. Nothing contained in this section shall be construed to prohibit or
   13  interfere in any way with anyone lawfully engaged in hunting,  trapping,
   14  or fishing, as provided in article eleven of the environmental conserva-
   15  tion  law, ACTIVITIES DEEMED TO BE SOUND AGRICULTURAL PRACTICES PURSUANT
   16  TO SECTION THREE HUNDRED EIGHT OF THIS CHAPTER, the dispatch of rabid or
   17  diseased animals, as provided in article twenty-one of the public health
   18  law, or the dispatch of animals posing a threat to human safety or other
   19  animals, where such action is otherwise legally authorized, or any prop-
   20  erly conducted scientific tests, experiments, or investigations  involv-
   21  ing the use of living animals, performed or conducted in laboratories or

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02516-01-5
       A. 957                              2

    1  institutions  approved  for  such purposes by the commissioner of health
    2  pursuant to section three hundred fifty-three of this article.
    3    S  2.  This  act shall take effect on the ninetieth day after it shall
    4  have become a law.
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