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A04693 Summary:

A04693 Actions:

A04693 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A4693
 
SPONSOR: Malliotakis (MS)

 
TITLE OF BILL:
 
An act to amend the agriculture and markets law, in relation to penal-
ties for those committing multiple animal cruelty offenses
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
The purpose of this bill is to create an additional means to establish
the crime of aggravated cruelty to animals where a person has been
convicted of animal cruelty in the past.
 
 
SUMMARY OF SPECIFIC PROVISIONS:
 
Section 1 amends § 353-a of the agriculture and markets law by adding an
additional means to establish the crime of aggravated cruelty to animal
where a person has been convicted of a crime described in § 353 within
the previous ten years.
 
 
JUSTIFICATION:
 
This legislation would strengthen penalties for repeat animal abusers.
According to the American Prosecutors Research Institute (APRI), it is
well substantiated that those who have a history of repeated acts of
intentional violence toward animals are at a higher risk of exhibiting
similar violence toward human beings.  APRI also cites a large and grow-
ing body of literature that has documented the co-occurrence of animal
cruelty and interpersonal violence, particularly domestic violence,
child abuse, and elder abuse.
 
 
PRIOR LEGISLATIVE HISTORY:
 
02/24/15: referred to agriculture
01/06/16:  referred to agriculture
 
 
FISCAL IMPLICATIONS:
 
Will save taxpayers $323 million over the next three years in funds that
would have been lost by subsidizing the program.
 
 
EFFECTIVE DATE:
This act shall take effect immediately.

A04693 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4693
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    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:
 
     1    Section  1. Section 353-a of the agriculture and markets law, as added
     2  by chapter 118 of the laws of 1999, is amended to read as follows:
     3    § 353-a. Aggravated cruelty to animals. 1. (a) A person is  guilty  of
     4  aggravated  cruelty  to animals when, with no justifiable purpose, he or
     5  she intentionally kills or intentionally causes serious physical  injury
     6  to  a  companion  animal  with  aggravated cruelty or (b) when he or she
     7  commits an offense described in section  three  hundred  fifty-three  of
     8  this  article and has been previously convicted of an offense under such
     9  section within the past ten years. For purposes of this section, "aggra-
    10  vated cruelty" shall mean conduct which:    (i)  is  intended  to  cause
    11  extreme  physical  pain; or (ii) is done or carried out in an especially
    12  depraved or sadistic manner.
    13    2. Nothing contained in this section shall be construed to prohibit or
    14  interfere in any way with anyone lawfully engaged in hunting,  trapping,
    15  or fishing, as provided in article eleven of the environmental conserva-
    16  tion  law,  the  dispatch  of  rabid or diseased animals, as provided in
    17  article twenty-one of the public health law, or the dispatch of  animals
    18  posing  a  threat to human safety or other animals, where such action is
    19  otherwise legally  authorized,  or  any  properly  conducted  scientific
    20  tests,  experiments,  or  investigations  involving  the  use  of living
    21  animals, performed or conducted in laboratories or institutions approved
    22  for such purposes by the commissioner  of  health  pursuant  to  section
    23  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
 
     1    3. Aggravated cruelty to animals is a felony. A defendant convicted of
     2  this  offense  shall be [sentenced pursuant to paragraph (b) of subdivi-
     3  sion one of section 55.10 of the penal law provided, however,  that  any
     4  term  of  imprisonment  imposed for violation of this section shall be a
     5  definite  sentence,  which may not exceed two years] guilty of a class E
     6  felony; a defendant convicted of  an  offense  under  paragraph  (a)  of
     7  subdivision  one of this section who has previously been convicted of an
     8  offense under section three hundred fifty-three of this article shall be
     9  guilty of a class D felony; a defendant convicted of  this  offense  who
    10  has  previously been convicted of an offense under this section shall be
    11  guilty of a class C felony.
    12    § 2. This act shall take effect immediately.