Enacts "Kirby and Quigley's Law"; expands the definition of aggravated cruelty to animals to include harm to a companion animal during the commission of a felony.
STATE OF NEW YORK
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3038--B
2017-2018 Regular Sessions
IN ASSEMBLY
January 24, 2017
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Introduced by M. of A. SANTABARBARA, WALSH, RA, LUPARDO, MURRAY, BYRNE,
McDONOUGH, L. ROSENTHAL, RIVERA, LAVINE, ABBATE, JAFFEE, GLICK, BRON-
SON, STIRPE, COLTON, SEAWRIGHT, M. G. MILLER, PRETLOW, JOHNS, BLAKE,
HUNTER, PICHARDO, THIELE, CUSICK, DAVILA, ENGLEBRIGHT, MAGEE, TITONE,
JENNE, COOK, D'URSO, ORTIZ, OTIS, WEPRIN, PAULIN, HIKIND, GUNTHER,
GALEF, SKOUFIS, BENEDETTO, ERRIGO, WALTER, STEC, B. MILLER, BLANKEN-
BUSH, NORRIS, MORINELLO, LAWRENCE, MONTESANO, GARBARINO, GIGLIO,
BRABENEC, CASTORINA, FINCH, RAIA, CROUCH, MOSLEY, PALUMBO, JONES,
HAWLEY, M. L. MILLER, MALLIOTAKIS, DiPIETRO, FITZPATRICK, LALOR, OAKS,
BARCLAY, PALMESANO, CURRAN, BARRETT, LIFTON, FAHY, HEVESI, DICKENS,
BARNWELL, BUCHWALD, TITUS, WILLIAMS, KOLB, BRINDISI, DINOWITZ, HOOPER,
RODRIGUEZ, VANEL, RICHARDSON -- Multi-Sponsored by -- M. of A. BUTLER,
DenDEKKER, FRIEND, McDONALD, PHEFFER AMATO, SIMON, WOERNER -- read
once and referred to the Committee on Agriculture -- reported and
referred to the Committee on Codes -- recommitted to the Committee on
Codes in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the agriculture and markets law, in relation to expand-
ing the definition of aggravated cruelty to animals to include harm to
animals during the commission of a felony
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as "Kirby and
2 Quigley's Law."
3 § 2. Subdivision 1 of section 353-a of the agriculture and markets
4 law, as added by chapter 118 of the laws of 1999, is amended to read as
5 follows:
6 1. A person is guilty of aggravated cruelty to animals when[,]: either
7 (a) with no justifiable purpose, he or she intentionally kills or
8 intentionally causes serious physical injury , as defined in subdivision
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06410-04-8
A. 3038--B 2
1 twenty-nine of section one hundred eight of this chapter, to a companion
2 animal with aggravated cruelty[.]; or
3 (b) in the course of commission of a felony, or of immediate flight
4 therefrom, he or she causes intentional physical injury, as defined in
5 subdivision twenty-eight of section one hundred eight of this chapter,
6 or death to a companion animal.
7 For purposes of this section, "aggravated cruelty" shall mean conduct
8 which: (i) is intended to cause extreme physical pain; or (ii) is done
9 or carried out in an especially depraved or sadistic manner.
10 § 3. This act shall take effect immediately.
