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A03038 Summary:

COSPNSRWalsh, Ra, Lupardo, Murray, Byrne, McDonough, Rosenthal L, Rivera, Lavine, Abbate, Jaffee, Glick, Bronson, Stirpe, Colton, Seawright, Miller MG, 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, Miller B, Blankenbush, Norris, Morinello, Lawrence, Montesano, Garbarino, Giglio, Brabenec, Castorina, Finch, Raia, Crouch, Mosley, Palumbo, Jones, Hawley, Miller ML, Malliotakis, DiPietro, Fitzpatrick, Lalor, Oaks, Barclay, Palmesano, Curran, Barrett, Lifton, Fahy, Hevesi, Dickens, Barnwell, Buchwald, Titus, Williams, Kolb, Brindisi, Dinowitz, Hooper, Rodriguez, Vanel, Richardson
MLTSPNSRButler, DenDekker, Friend, McDonald, Pheffer Amato, Simon, Woerner
Amd §353-a, Ag & Mkts L
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.
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A03038 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Santabarbara
  TITLE OF BILL: An act to amend the agriculture and markets law, in relation to expanding the definition of aggravated cruelty to animals to include harm to animals during the commission of a felony   PURPOSE: To enhance laws relating to animal cruelty by including harm caused during the commission of a felony or flight there from.   SUMMARY OF PROVISIONS: Subdivision I of section 353-a of the agriculture and markets law, is amended to criminalize the physical injury or death of a companion animal that is caused during the course of commission of a felony or the immediate flight there from.   JUSTIFICATION: On the evening of February 17th, 2016, Denise Krohn returned to her Florida home in Montgomery County, after being out for two hours, to find her house was broken into and she experienced the horror of seeing her family's two beloved Goldendoodle dogs, "Kirby" and "Quigley," lying on the floor in pools of blood from gunshot wounds. In recent years, cases of drug traffickers cutting open the bellies of puppies to transport liquid heroin into this country opened our eyes to the depths criminals will sink to accomplish their criminal enterprises. Although the current definition of aggravated cruelty to animals will most likely apply to the actions of these depraved individuals, we cannot ignore the potential harm to other innocent animals misused or even killed in the commission of felonies. Furthermore, in their total disregard for the lives of pets, arsonists and burglars often perpetrate horrendous acts of cruelty to human victims by not only destroying or stealing property, but also by harming their beloved animals that are either left to perish in flames or harmed by other means in their attempt to protect their masters from intruders. This bill enhances aggravated cruelty to animals statute by including specific provisions related to criminal activity, thus allowing society to hold criminals responsible for the full extent of the harm they cause.   LEGISLATIVE HISTORY: 01/30/2015: S.2396 Referred to agriculture 05/12/2015: S.2396 Passed Senate 01/06/2016: died in assembly 01/06/2016: S.2396 Referred to agriculture 03/07/2016: S.2396 Passed Senate   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act shall take immediately.
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