NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3880
SPONSOR: Tannousis TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to penal-
ties for those committing multiple animal cruelty offenses
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 where a person has been
convicted of animal cruelty in the past.
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 has been convicted of a crime described in § 353 within
the previous ten years.
JUSTIFICATION:
This legislation would strengthen penalties for repeat animal abusers.
According to the American Prosecutors Research Institute (APRI), it is
well substantiated that those who have a history of repeated acts of
intentional violence toward animals are at a higher risk of exhibiting
similar violence toward human beings. APRI also cites a large and grow-
ing body of literature that has documented the co-occurrence of animal
cruelty and interpersonal violence, particularly domestic violence,
child abuse, and elder abuse.
PRIOR LEGISLATIVE HISTORY:
2024: A5160 - Referred to Agriculture.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Will save taxpayers $323 million over the next three years in funds that
would have been lost by subsidizing the program,
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
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3880
2025-2026 Regular Sessions
IN ASSEMBLY
January 30, 2025
___________
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 penal-
ties for those committing multiple animal cruelty offenses
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 353-a of the agriculture and markets law, as added
2 by chapter 118 of the laws of 1999, is amended to read as follows:
3 § 353-a. Aggravated cruelty to animals. 1. (a) A person is guilty of
4 aggravated cruelty to animals when, with no justifiable purpose, [he or
5 she] such person intentionally kills or intentionally causes serious
6 physical injury to a companion animal with aggravated cruelty or (b)
7 when such person commits an offense described in section three hundred
8 fifty-three of this article and has been previously convicted of an
9 offense under such section within the past ten years. For purposes of
10 this section, "aggravated cruelty" shall mean conduct which: (i) is
11 intended to cause extreme physical pain; or (ii) is done or carried out
12 in an especially depraved or sadistic manner.
13 2. Nothing contained in this section shall be construed to prohibit or
14 interfere in any way with anyone lawfully engaged in hunting, trapping,
15 or fishing, as provided in article eleven of the environmental conserva-
16 tion law, the dispatch of rabid or diseased animals, as provided in
17 article twenty-one of the public health law, or the dispatch of animals
18 posing a threat to human safety or other animals, where such action is
19 otherwise legally authorized, or any properly conducted scientific
20 tests, experiments, or investigations involving the use of living
21 animals, performed or conducted in laboratories or institutions approved
22 for such purposes by the commissioner of health pursuant to section
23 three hundred fifty-three of this article.
24 3. Aggravated cruelty to animals is a felony. A defendant convicted of
25 this offense shall be [sentenced pursuant to paragraph (b) of subdivi-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04294-01-5
A. 3880 2
1 sion one of section 55.10 of the penal law provided, however, that any
2 term of imprisonment imposed for violation of this section shall be a
3 definite sentence, which may not exceed two years] guilty of a class E
4 felony; a defendant convicted of an offense under paragraph (a) of
5 subdivision one of this section who has previously been convicted of an
6 offense under section three hundred fifty-three of this article shall be
7 guilty of a class D felony; a defendant convicted of this offense who
8 has previously been convicted of an offense under this section shall be
9 guilty of a class C felony.
10 § 2. This act shall take effect immediately.
