Bill Text: NY A01633 | 2021-2022 | General Assembly | Introduced


Bill Title: Enacts "Kirby and Quigley's Law"; expands the definition of aggravated cruelty to animals to include harm to a companion animal during the commission of a felony.

Spectrum: Slight Partisan Bill (Democrat 40-18)

Status: (Introduced) 2021-01-11 - referred to agriculture [A01633 Detail]

Download: New_York-2021-A01633-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          1633

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 11, 2021
                                       ___________

        Introduced  by  M.  of A. SANTABARBARA, WALSH, RA, LUPARDO, BYRNE, McDO-
          NOUGH,  L. ROSENTHAL,  J. RIVERA,  LAVINE,  ABBATE,  GLICK,   BRONSON,
          STIRPE,  COLTON, SEAWRIGHT, PRETLOW, HUNTER, PICHARDO, THIELE, CUSICK,
          DAVILA, ENGLEBRIGHT, COOK, OTIS, WEPRIN, PAULIN, GUNTHER, GALEF, BENE-
          DETTO,   B. MILLER,   BLANKENBUSH,   NORRIS,   MORINELLO,   MONTESANO,
          J. M. GIGLIO,  BRABENEC,  JONES,  HAWLEY, M. MILLER, DiPIETRO, FITZPA-
          TRICK, LALOR, BARCLAY,  PALMESANO,  BARRETT,  FAHY,  HEVESI,  DICKENS,
          BARNWELL,  WILLIAMS,  DINOWITZ, RODRIGUEZ, VANEL, RICHARDSON -- Multi-
          Sponsored by -- M. of A.   FRIEND, PHEFFER AMATO,  SIMON,  WOERNER  --
          read once and referred to the Committee on Agriculture

        AN  ACT to amend the agriculture and markets law, in relation to expand-
          ing the definition of aggravated cruelty to animals to include harm to
          animals during the commission of a felony

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  This  act  shall  be known and may be cited as "Kirby and
     2  Quigley's Law".
     3    § 2. Subdivision 1 of section 353-a of  the  agriculture  and  markets
     4  law,  as added by chapter 118 of the laws of 1999, is amended to read as
     5  follows:
     6    1. A person is guilty of aggravated cruelty to animals when[,]: either
     7    (a) with no justifiable purpose, he  or  she  intentionally  kills  or
     8  intentionally  causes serious physical injury, as defined in subdivision
     9  twenty-nine of section one hundred eight of this chapter, to a companion
    10  animal with aggravated cruelty[.]; or
    11    (b) in the course of commission of a felony, or  of  immediate  flight
    12  therefrom,  he  or she causes intentional physical injury, as defined in
    13  subdivision twenty-eight of section one hundred eight of  this  chapter,
    14  or death to a companion animal.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03411-01-1

        A. 1633                             2

     1    For  purposes of this section, "aggravated cruelty" shall mean conduct
     2  which:  (i) is intended to cause extreme physical pain; or (ii) is  done
     3  or carried out in an especially depraved or sadistic manner.
     4    § 3. This act shall take effect immediately.
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