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S05414 Summary:

BILL NOS05414
 
SAME ASNo Same As
 
SPONSORLANZA
 
COSPNSRMURRAY
 
MLTSPNSR
 
Add §352, amd §§353 & 353-a, Ag & Mkts L
 
Provides for penalties for causing the death of an animal; makes it a class D felony.
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S05414 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5414
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    February 21, 2025
                                       ___________
 
        Introduced by Sens. LANZA, MURRAY -- read twice and ordered printed, and
          when printed to be committed to the Committee on Agriculture
 
        AN  ACT  to amend the agriculture and markets law, in relation to penal-
          ties for causing the death of an animal
 
          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 352 to read as follows:
     3    § 352. Causing the death of an animal. A person is guilty  of  causing
     4  the  death  of an animal, when such person commits a crime under section
     5  three hundred fifty-three or section three hundred fifty-three-a of this
     6  article, and such conduct results in the death of an  animal.    Causing
     7  the death of an animal is a class D felony.
     8    §  2.  The  opening  paragraph  of  section 353 of the agriculture and
     9  markets law, as amended by chapter 523 of the laws of 2005,  is  amended
    10  to read as follows:
    11    A  person  who  overdrives,  overloads,  tortures  or cruelly beats or
    12  unjustifiably injures, maims, or mutilates [or kills] any animal, wheth-
    13  er wild or tame, and whether belonging to [himself] them or to  another,
    14  or  deprives  any  animal  of  necessary  sustenance,  food or drink, or
    15  neglects or refuses to furnish it such sustenance or drink,  or  causes,
    16  procures  or  permits any animal to be overdriven, overloaded, tortured,
    17  cruelly beaten, or unjustifiably injured, maimed, mutilated [or killed],
    18  or to be deprived of necessary food or drink, or who [wilfully] willful-
    19  ly sets on foot, instigates, engages in, or in any way furthers any  act
    20  of cruelty to any animal, or any act tending to produce such cruelty, is
    21  guilty  of  a  class  A misdemeanor and for purposes of paragraph (b) of
    22  subdivision one of section 160.10 of the criminal procedure  law,  shall
    23  be treated as a misdemeanor defined in the penal law.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09006-01-5

        S. 5414                             2
 
     1    §  3.  Subdivision  1  of section 353-a of the agriculture and markets
     2  law, as added by chapter 118 of the laws of 1999, is amended to read  as
     3  follows:
     4    1.  A  person is guilty of aggravated cruelty to animals when, with no
     5  justifiable purpose, [he or she  intentionally  kills  or]  such  person
     6  intentionally  causes serious physical injury to a companion animal with
     7  aggravated cruelty. For purposes of this section,  "aggravated  cruelty"
     8  shall  mean  conduct  which:   (i) is intended to cause extreme physical
     9  pain; or (ii) is done or carried out in an especially depraved or sadis-
    10  tic manner.
    11    § 4. This act shall take effect immediately.
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