Bill Text: NY A00238 | 2013-2014 | General Assembly | Introduced

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Bill Title: Includes wildlife animals as those subject to the animal cruelty provisions of the agriculture and markets law.

Spectrum: Moderate Partisan Bill (Democrat 21-5)

Status: (Introduced - Dead) 2014-02-26 - reported referred to codes [A00238 Detail]

Download: New_York-2013-A00238-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          238
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by M. of A. ROSENTHAL, BENEDETTO, MAISEL, MILLMAN, KAVANAGH,
         PAULIN, TITONE -- Multi-Sponsored by --  M.  of  A.  BOYLAND,  COLTON,
         GABRYSZAK,  HEVESI,  LIFTON,  SWEENEY,  WEISENBERG  --  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. 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, as provided in article eleven of the environmental conserva-
   15  tion  law, ACTIVITIES DEEMED TO BE SOUND AGRICULTURAL PRACTICES PURSUANT
   16  TO SECTION THREE HUNDRED EIGHT OF THIS CHAPTER, the dispatch of rabid or
   17  diseased animals, as provided in article twenty-one of the public health
   18  law, or the dispatch of animals posing a threat to human safety or other
   19  animals, where such action is otherwise legally authorized, or any prop-
   20  erly conducted scientific tests, experiments, or investigations  involv-
   21  ing the use of living animals, performed or conducted in laboratories or
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02314-01-3
       A. 238                              2
    1  institutions  approved  for  such purposes by the commissioner of health
    2  pursuant to section three hundred fifty-three of this article.
    3    S  2.  This  act shall take effect on the ninetieth day after it shall
    4  have become a law.