NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8338A
SPONSOR: Rules (Grannis) PURPOSE OR GENERAL IDEA OF BILL: To increase the penalty for inten-
tionally and without just cause seriously injuring or killing an animal.
SUMMARY OF SPECIFIC PROVISIONS:
Adds section 353-a to the agriculture and markets law to increase the
penalty from a misdemeanor to a felony for aggravated cruelty to compan-
ion animals. "Aggravated cruelty" is defined in the legislation as
conduct that a) is intended to cause extreme physical pain and b) is
done in an especially depraved or sadistic manner. The definition of
"Companion animal" has been amended to specifically include "any" dog or
cat so that stray dogs and cats are covered as well as dogs, cats and
other domesticated animals which have owners. Violations shall be
punishable by imprisonment of up to two years and/or a fine of up to
$5000.
Clarifies the distinction between animal cruelty and all provided for,
legal acts including, but not limited to hunting, trapping, fishing, and
the dispatching of animals who pose a threat to human safety as cited in
article eleven of the environmental conservation law and article 21 of
the public health law.
JUSTIFICATION: Deliberate animal abuse is a widespread concern which
must be addressed. Currently, a person who violates §353 is guilty of a
misdemeanor, punishable by imprisonment of up to one year and of a fine
of not more than $1000 or both. The most egregious animal abuse cases,
where a person deliberately tortures an animal, should result in the
perpetrator being subject to stricter penalties than in existing stat-
ute.
Innocent animals have been subject to horrendous actions including hang-
ing, being set on fire and being used as target practice for knife
throwing. As if this were not enough, there is another important reason
to convict animal abusers. The connection between animal abusers and
violence towards humans shows that virtually every serial killer had a
history of abusing animals before turning their attention to people.
Currently, seventeen states have enacted felony cruelty laws to address
certain types of animal cruelty.
Given the growing public recognition of the rights of animals to be
treated in a humane fashion, this bill seeks to ensure that these cases
are not handled as petty matters by increasing the most flagrant acts to
a felony.
PRIOR LEGISLATIVE HISTORY:
1990: A.6848 - Referred to Agriculture
1991: A.6848 - Referred to Agriculture
1992: A.2396 - Referred to Rules
1993: A.2396 - Referred to Agriculture
1994: A.5695 - Referred to Agriculture
1995: A.599 - Referred to Agriculture
1996: A.10769 - Referred to Rules
1997: A.2268 - Referred to Codes
1998: A.2268-D Referred to Rules
FISCAL IMPLICATIONS: NONE
EFFECTIVE DATE: First day of November next succeeding the date on
which it shall have become a law.
