|SAME AS||No Same As|
|COSPNSR||Raia, Lupinacci, Colton, Murray, Ra, Curran|
|MLTSPNSR||Friend, Magee, Thiele|
|Amd §353-a, Ag & Mkts L|
|Relates to penalties for committing multiple animal cruelty offenses.|
|02/03/2017||referred to agriculture|
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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.
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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. LBD06915-01-7A. 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 any4 term of imprisonment imposed for violation of this section shall be a5 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.