Increases the penalty for multiple convictions of torturing, killing or failing to provide sustenance to an animal to a felony, if convicted within five years from the date of a prior conviction.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5039
SPONSOR: Paulin TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to increas-
ing the penalty for multiple convictions of torturing or failing to
provide sustenance to an animal
PURPOSE OR GENERAL IDEA OF BILL:
To prevent animal abuse by raising the penalty for subsequent acts of
cruelty which occur within five years of a conviction of this section to
an E felony when such cruelty is perpetrated against an animal.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends the opening paragraph of section three• hundred
fifty-three of the agriculture and :markets laWbyadding; language that
would make any violation of this section within five years from the date
of a prior conviction of any violation of this section a felony. A
defendant convicted of this offense shall be sentenced pursuant to para-
graph b of subdivision one of section imprisonment imposed for a
violation of this section shall be a definite sentence, which may not
exceed two years.
Section two defines the effective date as the first of December follow-
ing the enactment date.
JUSTIFICATION:
Preventing those who abuse animals from committing similar acts in the
future is one of the purposes of New York's cruelty laws. Raiaing the
penalty to a felony for subequent acts :of cruelty' that
occur:within-five years of a conviction Will help law enforcement curb
such activities and allow for the imposition lengthier periods of court
supervision or imprisonment, as deemed appropriate. Moreover,:cruelty
toward animals has been linked to future violence toward human victims,•
particularly vulnerable people such as domestic partners and children.
Treating repeat offenses of animal Cruelty as felonies is Consonant with
the goal of preventing future violence toward human-and animal victims.
LEGISLATIVE HISTORY:.
A.299, 2019. and 2020, referred to agriculture.
A.95, 2017 and 2018, referred to agriculture. Same.as'5299, 2017 and
2018, passed Senate in 9017'and 2018.
A.1412:of 2015 and 2016, referred to agriculture.
A.6536 of 2013 and 2014, referred to agriculture.
A.269 of 2011 and 2012, referred to agriculture in 2011 and referred to
codes in 2012.
A.998-13 of 2010 and 2009, referred to agriculture.
A.617 Of 2008 and 2007, referred to agriculture.
A.1010-A of 2006 and 2005, referred to agriculture,.
A.9727 of 2004, referred to agriculture. Same as S.3451 passed in the
Senate in 2015 and 2016..
S. 5.1853 of 2011 and 2012 referred to agriculture.
S..4963-A of 2010 and 2009 referred to agriculture..
S.3324 of 2008 and 2007, referred to agriculture.
S.2798 2006 and 2005, referred to agriculture;
S. 6290 of 2004, referred to agriculture.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
The first of December following the date of enactment.
STATE OF NEW YORK
________________________________________________________________________
5039
2021-2022 Regular Sessions
IN ASSEMBLY
February 10, 2021
___________
Introduced by M. of A. PAULIN, L. ROSENTHAL, GUNTHER, COLTON, GALEF,
NORRIS -- Multi-Sponsored by -- M. of A. ABBATE, CUSICK, DINOWITZ,
GLICK, RA, THIELE -- read once and referred to the Committee on Agri-
culture
AN ACT to amend the agriculture and markets law, in relation to increas-
ing the penalty for multiple convictions of torturing or failing to
provide sustenance to an animal
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 353 of the agriculture and markets law, as amended
2 by chapter 458 of the laws of 1985 and the opening paragraph as amended
3 by chapter 523 of the laws of 2005, is amended to read as follows:
4 § 353. Overdriving, torturing and injuring animals; failure to provide
5 proper sustenance. 1. A person who overdrives, overloads, tortures or
6 cruelly beats or unjustifiably injures, maims, mutilates or kills any
7 animal, whether wild or tame, and whether belonging to himself or to
8 another, or deprives any animal of necessary sustenance, food or drink,
9 or neglects or refuses to furnish it such sustenance or drink, or caus-
10 es, procures or permits any animal to be overdriven, overloaded,
11 tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or
12 killed, or to be deprived of necessary food or drink, or who wilfully
13 sets on foot, instigates, engages in, or in any way furthers any act of
14 cruelty to any animal, or any act tending to produce such cruelty, is
15 guilty of a class A misdemeanor and for purposes of paragraph (b) of
16 subdivision one of section 160.10 of the criminal procedure law, shall
17 be treated as a misdemeanor defined in the penal law.
18 2. A second violation of subdivision one of this section within five
19 years from the date of a prior conviction of any violation of subdivi-
20 sion one of this section, shall be a felony. A defendant convicted of
21 this offense shall be sentenced pursuant to paragraph (b) of subdivision
22 one of section 55.10 of the penal law provided, however, that any term
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01811-01-1
A. 5039 2
1 of imprisonment imposed for a violation of this section shall be a defi-
2 nite sentence, which may not exceed two years.
3 3. Nothing herein contained shall be construed to prohibit or inter-
4 fere with any properly conducted scientific tests, experiments or inves-
5 tigations, involving the use of living animals, performed or conducted
6 in laboratories or institutions, which are approved for these purposes
7 by the state commissioner of health. The state commissioner of health
8 shall prescribe the rules under which such approvals shall be granted,
9 including therein standards regarding the care and treatment of any such
10 animals. Such rules shall be published and copies thereof conspicuously
11 posted in each such laboratory or institution. The state commissioner of
12 health or his duly authorized representative shall have the power to
13 inspect such laboratories or institutions to insure compliance with such
14 rules and standards. Each such approval may be revoked at any time for
15 failure to comply with such rules and in any case the approval shall be
16 limited to a period not exceeding one year.
17 § 2. This act shall take effect on the first of December next succeed-
18 ing the date on which it shall have become a law.
