Bill Text: NY A01834 | 2019-2020 | 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 49-29)

Status: (Introduced) 2019-01-17 - referred to agriculture [A01834 Detail]

Download: New_York-2019-A01834-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1834
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 17, 2019
                                       ___________
        Introduced  by  M.  of A. SANTABARBARA, WALSH, RA, LUPARDO, BYRNE, McDO-
          NOUGH, L. ROSENTHAL, RIVERA, LAVINE, ABBATE, JAFFEE,  GLICK,  BRONSON,
          STIRPE,  COLTON, SEAWRIGHT, M. G. MILLER, PRETLOW, JOHNS, BLAKE, HUNT-
          ER, PICHARDO,  THIELE,  CUSICK,  DAVILA,  ENGLEBRIGHT,  COOK,  D'URSO,
          ORTIZ, OTIS, WEPRIN, PAULIN, GUNTHER, GALEF, BENEDETTO, STEC, B. MILL-
          ER,  BLANKENBUSH,  NORRIS,  MORINELLO, LAWRENCE, MONTESANO, GARBARINO,
          GIGLIO, BRABENEC, FINCH, RAIA, CROUCH, MOSLEY, PALUMBO, JONES, HAWLEY,
          M. L. MILLER,  MALLIOTAKIS,  DiPIETRO,  FITZPATRICK,  LALOR,  BARCLAY,
          PALMESANO, BARRETT, LIFTON, FAHY, HEVESI, DICKENS, BARNWELL, BUCHWALD,
          TITUS,  WILLIAMS,  KOLB,  DINOWITZ,  RODRIGUEZ,  VANEL,  RICHARDSON --
          Multi-Sponsored by --  M.  of  A.  DenDEKKER,  FRIEND,  PHEFFER AMATO,
          SIMON,  WOERNER -- read once and referred to the Committee on Agricul-
          ture
        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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03625-01-9

        A. 1834                             2
     1  subdivision  twenty-eight  of section one hundred eight of this chapter,
     2  or death to a companion animal.
     3    For  purposes of this section, "aggravated cruelty" shall mean conduct
     4  which:  (i) is intended to cause extreme physical pain; or (ii) is  done
     5  or carried out in an especially depraved or sadistic manner.
     6    § 3. This act shall take effect immediately.
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