A00238 Summary:

BILL NO    A00238 

SAME AS    SAME AS S04347

SPONSOR    Rosenthal (MS)

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

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

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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A00238 Actions:

BILL NO    A00238 

01/09/2013 referred to agriculture
04/23/2013 reported referred to codes
01/08/2014 referred to agriculture
02/26/2014 reported referred to codes
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A00238 Votes:

There are no votes for this bill in this legislative session.
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A00238 Memo:

BILL NUMBER:A238

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: 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.

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.1843 of 2011-2012 A6077a of 2009-2010.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the sixtieth  day  after
it shall have become law.
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A00238 Text:

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

                                          238

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 9, 2013
                                      ___________

       Introduced  by M. of A. ROSENTHAL, BENEDETTO, MAISEL, MILLMAN, KAVANAGH,
         PAULIN, TITONE -- Multi-Sponsored by --  M.  of  A.  BOYLAND,  COLTON,
         GABRYSZAK,  HEVESI,  LIFTON,  SWEENEY,  WEISENBERG  --  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.
                                                                  LBD02314-01-3
       A. 238                              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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