NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A768A
SPONSOR: Rosenthal L (MS) TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to aggra-
vated cruelty to animals
PURPOSE:
This bill expands the existing aggravated cruelty law to cover inten-
tional acts of extreme cruelty to wildlife as well as companion animals.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends subdivision 1 and 2 of section 353-a of the agricul-
ture and markets law.
Section two sets forth the effective date.
JUSTIFICATION:
This legislation will extend the coverage of the felony animal cruelty
law to cover wildlife. Since the passage of the felony animal cruelty
statute, there have been a number of egregious cases in which wild
animals have been captured and tortured. This bill would allow these
cases to be prosecuted under the felony animal cruelty statute. It is
important to note that in no way would this change affect the lawful-
hunting or trapping licensed by the Department of Environmental Conser-
vation, the exercise of activities deemed to be sound agricultural prac-
tices, or reasonable pest management that is done in accordance with
federal, state, and local laws and regulation.
The stringent standard of proof created by the "aggravating" factors
contained in the felony law -- that require proof of intent to cause
extreme physical pain or that the conduct was especially depraved or
sadistic would remain unchanged, thereby ensuring that only the most
heinous cases of the mistreatment of wild animals are treated as felony
offenses.
LEGISLATIVE HISTORY:
2021-22: A.456 - Reported to Codes; S.2176 - Referred to Agriculture
2019-20: A.663 - Reported to Codes; S.5801 - Referred to Domestic Animal
Welfare
2017-18:A.5050 - Reported to Codes; S.620 - Referred to Agriculture
2015-16:A.957 - Reported to Codes; S.1270 - Referred to Agriculture
2013-14:A.238 - Reported to Codes; S.4347 - Referred to Agriculture
2011-12:A.1843- D - Reported to Codes
2009-10:A.6077 - A - Reported to Codes; S.5144 - Referred to Agriculture
2007-08:A.7870 - A - Reported to Codes; S.5206-A - Referred to Agricul-
ture
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become law.
STATE OF NEW YORK
________________________________________________________________________
768--A
2023-2024 Regular Sessions
IN ASSEMBLY
January 11, 2023
___________
Introduced by M. of A. L. ROSENTHAL, BENEDETTO, PAULIN, WEPRIN, OTIS,
FAHY, SANTABARBARA, ZINERMAN, KELLES, DiPIETRO -- Multi-Sponsored by
-- M. of A. COLTON, DINOWITZ, GLICK, HEVESI, LUPARDO, McDONOUGH --
read once and referred to the Committee on Agriculture -- 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 aggra-
vated cruelty to animals
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 1 and 2 of section 353-a of the agriculture
2 and markets law, as added by chapter 118 of the laws of 1999, are
3 amended to read as follows:
4 1. A person is guilty of aggravated cruelty to animals when, with no
5 justifiable purpose, he or she intentionally kills or intentionally
6 causes serious physical injury to a companion animal or wildlife, as
7 defined in subdivision six of section 11-0103 of the environmental
8 conservation law, other than insects, with aggravated cruelty. For
9 purposes of this section, "aggravated cruelty" shall mean conduct which:
10 (i) is intended to cause extreme physical pain; or (ii) is done or
11 carried out in an especially depraved or sadistic manner.
12 2. Nothing contained in this section shall be construed to prohibit or
13 interfere in any way with anyone lawfully engaged in hunting, trapping,
14 [or] fishing, or taking as provided in article eleven of the environ-
15 mental conservation law, activities deemed to be sound agricultural
16 practices pursuant to section three hundred eight of this chapter, or
17 reasonable activities for the purpose of managing pests that is in
18 accordance with federal, state, and local laws and regulations, the
19 dispatch of rabid or diseased animals, as provided in article twenty-one
20 of the public health law, or the dispatch of animals posing a threat to
21 human safety or other animals, where such action is otherwise legally
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00711-02-3
A. 768--A 2
1 authorized, or any properly conducted scientific tests, experiments, or
2 investigations involving the use of living animals, performed or
3 conducted in laboratories or institutions approved for such purposes by
4 the commissioner of health pursuant to section three hundred fifty-three
5 of this article.
6 § 2. This act shall take effect on the ninetieth day after it shall
7 have become a law.
