NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9739
SPONSOR: Miller TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to aggra-
vated cruelty to animals
PURPOSE:
Instances of abuse and neglect involving companion animals are very
disturbing. Research also indicates that those who engage in animal
cruelty are often also linked to crimes against people. When animal
abuse has occurred in a home, other forms of violence are often present
and impact children, the elderly and spouses. Acts of animal cruelty can
also lead to criminal behavior such as assault, rape, murder, burglary,
and drug offenses. Law enforcement has long recognized animal cruelty as
a bridge crime, and as a result, the Federal Bureau of Investigations
(FBI) recently moved animal cruelty to a top tier Group A offense in its
crime reporting statistics.
SUMMARY OF PROVISIONS:
Section 1 of the bill amends subdivision 1 of section 353-a if the agri-
culture and markets law regarding the crime of aggravated cruelty to
animals.
Section 2 of the bill provides the effective date.
EXISTING LAW:
Under existing law, to be guilty of aggravated cruelty to animals, a
person must be found to have intended to cause extreme physical pain or
have done or have acted in an especially depraved or sadistic manner.
JUSTIFICATION:
Horrific acts committed against pets have been reported in New York
State, including cases where animals have been set on fire, stabbed,
hung, beaten, starved, and shot. Sadly, only a small percentage of such
cases result in felony convictions because it is difficult to prove
aggravated cruelty under the current definition of the crime. Removing
the elements of especially depraved or sadistic' would not elevate the
existing offense or penalties; however, it would help ensure better
enforcement of the current statute. The law is intended to protect
companion animals from especially depraved acts of violence and to
provide justice for these crimes. Causing intentional, unjustified seri-
ous injury or death is dangerous and violent behavior which should be
treated as such. The elements of "depravity" and "sadism" blur the
significance of these crimes and act as a deterrent to proper and appro-
priate prosecution. This bill seeks to bring greater clarity to cases of
animal cruelty and protect New York State families and communities.
LEGISLATIVE HISTORY:
2021-22: S.2673
2019-2020: S.1433/A.6864
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
9739
IN ASSEMBLY
April 3, 2024
___________
Introduced by M. of A. MILLER -- read once and referred to the Committee
on Agriculture
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. 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 (ii)
9 is done or carried out in an especially depraved or sadistic manner].
10 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09185-01-3
