NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5184
SPONSOR: Tannousis TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to enhanced
penalties for aggravated cruelty to animals
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to create an additional means to establish
the crime of aggravated cruelty to animals.
SUMMARY OF PROVISIONS:
Section 1 amends § 353-a of the agriculture and markets law by adding an
additional means to establish the crime of aggravated cruelty to animal
where a person uses a weapon to cause extreme physical pain or serious
physical injury to the animal.
JUSTIFICATION:
350 of the agriculture and markets law defines a "companion animal" as
any dog or cat, or any other domesticated animal normally maintained in
or near the household of the owner or person who cares for such other
domesticated animal. This means that wild animals and farm animals do
not currently receive this protection. Animals killed by hunters,
animals killed in emergency situations, and livestock would not be
affected by this legislation because the existing law only covers
conduct "with no justifiable purpose." This language is not altered by
this legislation.
PRIOR LEGISLATIVE HISTORY:
2021 A6923 Referred to Agriculture.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
STATE OF NEW YORK
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5184
2023-2024 Regular Sessions
IN ASSEMBLY
March 3, 2023
___________
Introduced by M. of A. TANNOUSIS -- read once and referred to the
Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to enhanced
penalties for aggravated cruelty to animals
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 353-a of the agriculture and
2 markets law, as added by chapter 118 of the laws of 1999, is amended to
3 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 with aggravated
7 cruelty. For purposes of this section, "aggravated cruelty" shall mean
8 conduct which: (i) is intended to cause extreme physical pain or seri-
9 ous physical injury; [or] (ii) is done or carried out in an especially
10 depraved or sadistic manner; or (iii) is committed with the use of a
11 weapon.
12 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05158-01-3
