A00776 Summary:

SPONSORRosenthal L (MS)
Amd §353-a, Ag & Mkts L
Relates to aggravated cruelty to animals.
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A00776 Actions:

01/11/2023referred to agriculture
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A00776 Committee Votes:

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A00776 Floor Votes:

There are no votes for this bill in this legislative session.
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A00776 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
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 removes the term "serious" from the "serious physical injury" language of Section 353-a of the agriculture and markets law.   SUMMARY OF SPECIFIC PROVISIONS: Section one amends Subdivision 1 of section 353-a of the agriculture and markets law, as added by chapter 118 of the laws of 1999. Section two sets forth the effective date.   JUSTIFICATION: In June 2014 on Staten Island, Rocky, an English bulldog, was the victim of a terrible act of cruelty when a neighbor threw ammonia in his face in an attempt to quiet his barking. By the time they brought Rocky to the vet, he had ulcers in both his eyes and the vet wasn't sure if he would ever see again. Thankfully, Rocky was able to make a full recov- ery, yet this recovery also gave the perpetrator a way out. Due to the language of the felony animal cruelty statute, a charge could not be sustained. The dog's recovery conflicted with the prosecutor's interpre- tation of "serious physical injury". This meant that because the dog survived and recovered 100%, the perpetrator would be facing a lesser penalty. The Times Union reports that only 17% of those charged with felony aggravated cruelty to animals end up in felony convictions in New York State. In this case, the perpetrator was given conditional discharge after being convicted of misdemeanor animal cruelty charges, and forced to pay $1,000 to the ASPCA for the dog's medical treatment. Also, the perpetrator may not go near Rocky, and may never be allowed to own a dog again. It is evident the punishment does not fit the crime. Eliminating the word "serious" from the statute would fix this, so if a person's actions were intended to cause extreme physical pain or conducted in an especially depraved or sadistic manner (language from section 353-a of the Agriculture and Markets law), one would only have to prove that the animal was killed or injured.   LEGISLATIVE HISTORY: 2021-22: A.2152 - Referred to Agriculture; S.960 - Passed Senate 2019-20: A.757 - Referred to Agriculture; S.2723 - Advanced to Third Reading 2017-18: A.3844 - Referred to Agriculture; S.4163 - Referred to Agricul- ture 2015-16: A.6252 - Referred to Agriculture; S.4265 - Passed Senate   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: Immediately.
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A00776 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                   IN ASSEMBLY
                                    January 11, 2023
        Introduced  by M. of A. L. ROSENTHAL, WEPRIN -- Multi-Sponsored by -- M.
          of A. HEVESI -- 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.
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