NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A107
SPONSOR: Rosenthal TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to estab-
lishing animals as sentient beings
PURPOSE:
This legislation will elevate the status of animals under the law,
beyond property, recognizing them as sentient beings entitled to humane
treatment.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends the agriculture and markets law by adding a new
section 382.
Section two establishes the effective date.
JUSTIFICATION:
Despite their ability to feel and experience a range of emotions,
animals have historically been considered property under the law in the
United States. Their status as property has limited the legal
protections afforded to them, creating situations where individuals
often face harsher punishment for committing crimes against property
than they do for committing crimes against animals. For example, setting
fire to a car in New York State is a class C felony, whereas setting
fire to an animal is a class E felony, the lowest level felony possible.
More than 30 countries around the world already recognize animals as
sentient beings under the law, but the concept has not been widely
adopted yet in the United States. Following a series of court cases in
Oregon which found that animals are sentient beings and therefore enti-
tled to a higher level of care than other pieces of property, the Oregon
state legislature passed a law codifying animals' sentience.
There is a long-established link between cruelty to animals and violence
against humans. We must enforce animal cruelty laws for the sake of
animal protection, not simply to make an owner whole following a crime
to their "property". This legislation would declare animals as sentient
beings in New York State and establish that they are considered the
victims in animal cruelty crimes.
LEGISLATIVE HISTORY:
2023-24: A.41- Referred to Agriculture
2021-22: A.4609 - Referred to Agriculture
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
107
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. ROSENTHAL, KELLES -- read once and referred to
the Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to estab-
lishing animals as sentient beings
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The agriculture and markets law is amended by adding a new
2 section 386 to read as follows:
3 § 386. Animals as sentient beings. The Legislature finds and declares
4 that animals are sentient beings capable of experiencing pain, stress,
5 and fear. It is the policy of New York that, in order to protect animals
6 from experiencing pain, stress, or fear at human hands, animals are to
7 be treated humanely. For that reason, animals shall be considered the
8 victims of animal cruelty crimes and shall be treated as such in a court
9 of law.
10 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00662-01-5
