A00957 Summary:

BILL NO    A00957 

SAME AS    
SAME AS S01270

SPONSOR    Rosenthal

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

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
03/10/2015 reported referred to codes
01/06/2016 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:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A957
 
SPONSOR: Rosenthal (MS)
  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 legis- lation 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 stat- ute. 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 agricul- tural 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:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           957
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                     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    §  2.  This  act shall take effect on the ninetieth day after it shall
     4  have become a law.
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