NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4793
SPONSOR: Miller B TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to aggra-
vated neglect of a companion animal
PURPOSE OR GENERAL IDEA OF BILL:
Creates the crime of Aggravated Neglect of a Companion Animal.'
SUMMARY OF PROVISIONS:
Section 1 creates new law, Section 355-a of the Agriculture and Markets
law. This section creates the crime of Aggravated Neglect of a Companion
Animal. Aggravated Neglect relates to companion animals subjected to
cruelty where the owner has not taken reasonable steps to locate and
provide reasonable care for the animal. Section 1 also creates the
penalty for Aggravated neglect which is a felony.
Section 2 contains the effective date.
JUSTIFICATION:
This bill is named after Apollo, a 3 year old pit bull who was left
abandoned, tied to a picnic table in subzero temperatures. Although,
animals being abandoned in subzero temperatures is rare, animal abandon-
ment is a regular occurrence.
This bill looks to strengthen the penalties for cruelty, neglect, and
abandonment of companion animals.
PRIOR LEGISLATIVE HISTORY:
2020 referred to agriculture 2020 held for consideration in agriculture
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
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4793
2021-2022 Regular Sessions
IN ASSEMBLY
February 8, 2021
___________
Introduced by M. of A. B. MILLER -- read once and referred to the
Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to aggra-
vated neglect of a companion 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 355-a to read as follows:
3 § 355-a. Aggravated neglect. 1. An owner shall be liable for aggra-
4 vated neglect when a companion animal is subjected to cruelty, as
5 defined in section three hundred fifty of this article, and the owner
6 has not taken reasonable steps to locate the animal or provide adequate
7 care. For the purposes of this section the term abandonment shall have
8 the same meaning as supplied in section three hundred fifty-five of this
9 article provided, however that the fine and sentencing guidelines shall
10 be as proscribed herein.
11 2. Aggravated neglect of companion animals is a felony. A defendant
12 convicted of this offense shall be sentenced pursuant to paragraph (b)
13 of subdivision one of section 55.10 of the penal law provided, however,
14 that any term of imprisonment imposed for violation of this section
15 shall be a definite sentence, which may not exceed two years.
16 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08832-01-1
