NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A592
SPONSOR: Rosenthal (MS) TITLE OF BILL: An act to amend the agriculture and markets law, in
relation to reclassifying certain criminal acts relating to the abuse of
animals; and to amend the criminal procedure law, in relation to making
conforming technical changes
PURPOSE OR GENERAL IDEA OF THE BILL: This legislation reclassifies
certain criminal violations of the agriculture and markets law relating
to animal cruelty as classified misdemeanors or felonies, rather than
unclassified misdemeanors or felonies. It also strengthens certain
penalties.
SUMMARY OF SPECIFIC PROVISIONS: Section one amends section 351 of the
agriculture and markets law. Paragraph (a) of subdivision 2 of section
351 would be amended so that a person who is convicted of animal fight-
ing is guilty of a class E felony for his or her first offense. Para-
graph (a) of subdivision 5 of section 351 would be added so that a
person who is convicted of animal fighting under paragraph (a) of subdi-
vision 2 who was previously convicted of such offense would be guilty of
a class D felony. Paragraph (c) of subdivision 5 of section 351 would be
added so that a person who is convicted of animal fighting under para-
graph (a) of subdivision 2 who was previously convicted two or more
times of such offense would be guilty of a class C felony.
Paragraph (b) of subdivision 2 of section 351 would be added so that if
any of the conduct constituting animal fighting results in physical
injury, serious physical injury or death of the animal, the person who
engages in such conduct would be guilty of a class D felony for his or
her first offense. Paragraph (b) of Subdivision 5 of section 351 would
be added so that a person who is convicted of animal fighting under
paragraph (b) of subdivision 2 who was previously convicted of such
offense would be guilty of a class C felony. Paragraph (d) of subdivi-
sion 5 of section 351 would be added so that a person who is convicted
of animal fighting under paragraph (b) of subdivision 2 who was previ-
ously convicted two or more times of such offense would be guilty of a
class B felony.
Paragraph (a) of subdivision 3 of section 351 would be amended so that a
person who is convicted of possession of a fighting animal is guilty of
a class A misdemeanor for his or her first offense. Paragraph (e) of
subdivision 5 of section 351 would be added so that a person who is
convicted of possession of a fighting animal under paragraph (a) of
subdivision 3 who was previously convicted of such offense would be
guilty of a class E felony.
Paragraph (a) of subdivision 4 of Section 351 would be amended so that a
person who is convicted of attending or wagering on animal fights is
guilty of a class A misdemeanor for his or her first offense. Paragraph
(f) of subdivision 5 of Section 351 would be added so that a person who
is convicted of attending or wagering on animal fights under paragraph
(a) of subdivision 4 who was previously convicted of such offense would
be guilty of a class E felony.
Section two amends section 353 of the agriculture and markets law.
Subdivision 1 of Section 353 would be amended so that a person who is
convicted of overdriving, torturing or injuring an animal is guilty of a
class E felony for his or her first offense. Paragraph (a) of subdivi-
sion 4 of section 353 would be added so that a person who is convicted
of overdriving, torturing or injuring an animal under subdivision 1 who
was previously convicted of such offense would be guilty of a class D
felony. Subdivision 2 of Section 353 would be amended so that a person
who deprives any animal of necessary sustenance, food or drink, or
neglects or refuses to furnish it such sustenance or drink, or causes an
animal to be overdriven or in any way furthers any act of cruelty to any
animal, would be guilty of a class A misdemeanor for his or her first
offense. Paragraph (b) of subdivision 4 of Section 353 would be added so
that a person who is convicted of depriving any animal of necessary
sustenance, food or drink under subdivision 2 of section 353 who was
previously convicted of such offense would be guilty of a class E felo-
ny. Subdivision 3 of Section 353 would be added so that a person who
deprives any animal of necessary sustenance, food or drink, among other
things, would be guilty of a class E felony for his or her first offense
when such conduct results in the serious physical injury or death of an
animal. Paragraph (c) of subdivision 4 of section 353 would be added so
that a person who is convicted of depriving any animal of necessary
sustenance, food or drink under subdivision 3 of Section 353 who was
previously convicted of such offense would be guilty of a class D felo-
ny.
Section three amends subdivision 1 of section 160.10 of the criminal
procedure law by adding a new paragraph (b-1). The new paragraph (b-1)
would provide that a misdemeanor under section 353 of the agriculture
and markets law will be a finger printable offense under the criminal
procedure law. Under existing agriculture and markets law, a violation
of subdivision 2 of Section 353 is deemed a misdemeanor as defined in
the penal law to make it a finger printable offense under paragraph (b)
of subdivision 1 of section 160.10 of the criminal procedure law.
Section four amends section 353-a of the agriculture and markets law.
Subdivision 4 of section 353-a would be amended so that a person who is
convicted of aggravated cruelty to animals would be guilty of a class E
felony for his or her first offense. Subdivision 5 of Section 353-a
would be added so that a person who is convicted of aggravated cruelty
to animals under subdivision one of section 353-a who was previously
convicted of such offense would be guilty of a class D felony.
Section five amends section 353-b of the agriculture and markets law.
Paragraph (a) of subdivision 2 of section 353-b would be amended so that
a person who is convicted of failing to provide appropriate shelter for
dogs left outdoors would be guilty of a class B misdemeanor for his or
her first offense. Paragraph (d) of subdivision 2 of section 353-b would
be added so that a person who fails to provide appropriate shelter for
dogs left outdoors under paragraph (a) of subdivision 2 who was previ-
ously convicted of such offense would be guilty of a class A misdemea-
nor. Paragraph (b) of subdivision 2 of section 353-b would be added so
that .a person who fails to provide appropriate shelter for dogs left
outdoors under paragraph (a) of subdivision 2 would be guilty of a class
A misdemeanor when such violation results in physical injury to the
animal for his or her first offense. Paragraph (e) of subdivision 2 of
section 353-b would be added so that a person who fails to provide
appropriate shelter for dogs left outdoors under paragraph (b) of subdi-
vision 2 who was previously convicted of such offense would be guilty of
a class E felony. Paragraph (c) of subdivision 2 of section 353-b would
be added so that a person who fails to provide appropriate shelter for
dogs left outdoors under paragraph (a) of subdivision 2 would be guilty
of a class E felony when such violation results in the serious physical
injury or death of an animal for hip or her first offense. Paragraph (f)
of subdivision 2 of section 353-b would be added so that a person who
fails to provide appropriate shelter r for dogs left outdoors under
paragraph (c) of subdivision 2 of section 353-b who was previously
convicted of such offense would be guilty of a class D felony.
Section six amends section 355 of the agriculture and markets law.
Subdivision 1 of section 355 would be amended so that a person who is
convicted of abandonment of animals would be guilty of a class A misde-
meanor for his or her first offense. Paragraph (a) of subdivision 3 of
section 355 would be added so that a person who is convicted of abandon-
ment of animals who was previously convicted of such offense would be
guilty of a class E felony. Subdivision 2 of section 355 would be added
so that certain persons who abandon an animal, or leave it to die in a
street or public place, or who allow such animal, if it becomes disa-
bled, to lie in a street or public place for more than three hours after
he or she receives notice that it is left disabled, and such act or
failure to act results in the serious physical injury or death of the
animal, would be guilty of a class E felony for his or her first
offense. Paragraph (b) of subdivision 3 of section 355 would be added so
that a person who abandons an animal under subdivision 2 of section 355
who was previously convicted of such offense would be guilty of a class
D felony.
Section seven amends section 356 of the agriculture and markets law.
Paragraph (a) of subdivision 1 of section 356 would be amended so that a
person who is convicted of the failure to provide proper food and drink
to an impounded animal would be guilty of a class A misdemeanor for his
or her first offense. Paragraph (c) of subdivision 1 of section 356
would be added so that a person who is convicted of failure to provide
proper food and drink to an impounded animal under paragraph (a) of
subdivision 1 of section 356 who was previously convicted of such
offense would be guilty of a class E felony. Paragraph (b) of subdivi-
sion 1 of section 356 would be added so that any person who fails to
provide proper food and drink to an impounded animal under paragraph (a)
of subdivision 1 of section 356 will be guilty of a class E felony for
his or her first offense when such violation results in the serious
physical injury or death of the animal. Paragraph (d) of subdivision 1
of section 356 would be added so that a person who fails to provide
proper food and drink to an impounded animal under paragraph (b) of
subdivision 1 who was previously convicted of such offense will be guil-
ty of a class D felony.
Section eight amends section 359 of the agriculture and markets law.
Paragraph (a) of subdivision 1 of section 359 would be amended so that a
person who is convicted of carrying an animal in a cruel manner will be
guilty of a class A misdemeanor for his or her first offense. Paragraph
(c) of subdivision 1 of section 359 would be added so that a person who
is convicted of carrying an animal in a cruel manner who was previously
convicted of such offense will be guilty of a class E felony. Paragraph
(b) of subdivision 1 of section 359 would be added so that any person
who carries an animal in a cruel manner will be guilty of a class E
felony for his or her first offense when such violation results in the
serious physical injury or death of the animal. Paragraph (d) of subdi-
vision 1 of section 359 would be added so that a person who carries an
animal in a cruel manner under paragraph (b) of subdivision 1 of section
359 who was previously convicted of such offense will be guilty of a
class D felony.
Section nine amends section 360 of the agriculture and markets law.
Subdivision 1 of section 360 would be amended so that a person who is
convicted of poisoning or attempting to poison any animal will be guilty
of a class E felony for his or her first offense. Subdivision 3 of
section 360 would be added so that a person who is convicted of poison-
ing or attempting to poison any animal under subdivision 1 of section
360 who was previously convicted of such offense will be guilty of a
class D felony. Subdivision 2 of section 360 would be added so that any
person who poisons or attempts to poison any animal will be guilty of a
class D felony for his or her first offense when such violation results
in the serious physical injury or death of the animal. Subdivision 4 of
section 360 would be added so that a person who poisons or attempts to
poison any animal under subdivision 2 of section 360 who was previously
convicted of such offense will be guilty of a class C felony.
Section ten amends section 365 of the agriculture and markets law.
Paragraph (a) of subdivision 1 of section 365 would.be amended so that a
person who is convicted of clipping or cutting the ears of a dog will be
guilty of a class A misdemeanor for his or her first offense.
Paragraph(c) of subdivision 1 of section 365 would be added so that a
person who is convicted of clipping or cutting the ears of a dog under
paragraph (a) of subdivision 1 of section 365 who was previously
convicted of such offense will be guilty of a class E felony. Paragraph
(b) of subdivision 1 of section 365 would be added so that any person
who clips or cuts the ears of a dog under paragraph (a) of subdivision 1
of section 365 will be guilty of a class E felony for his or her first
offense when such violation results in the maiming or torturing of an
animal that causes serious physical injury to the animal. Paragraph (d)
of subdivision 1 of section 365 would be added so that a person who
clips or cuts the ears of a dog under paragraph (b) of subdivision 1 who
was previously convicted of such offense will be guilty of a class D
felony.
JUSTIFICATION: Existing criminal penalties for violating various
animal cruelty sections of the agriculture and markets law are seriously
inadequate. Animal cruelty involves significant criminal conduct which
reaches beyond the injury, inhumane treatment or death of an animal. It
has been demonstrated that men who engage in dog fighting and other
forms of animal cruelty are likely to commit abusive criminal acts
against women and children. The Congressional record provides that those
who commit the most violent crimes against people and especially those
who commit murders often have progressed to that point after first kill-
ing animals. Ted Bundy, David Berkowitz and Ted Kaczynski all tortured
or killed animals before they started killing people, In many urban
areas there is a clear connection between dog fighting, animal cruelty
and those who engage in criminal acts of violence, gang activity and the
drug and weapons trades. Accordingly, stricter penalties for those who
commit acts of animal cruelty are intended to make our communities safer
by authorizing longer prison terms for perpetrators who often are
involved in additional criminal activity which not only harms other
people, but also destabilizes our communities.
LEGISLATIVE HISTORY:
A.1888 of 2011-2012
A.9779 of 2009-2010
FISCAL IMPLICATIONS: None to the State.
EFFECTIVE DATE: This act will take effect on the ninetieth day after
it shall have become a law,
