Bill Text: NY A01843 | 2011-2012 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

Spectrum: Partisan Bill (Democrat 20-0)

Status: (Introduced - Dead) 2012-05-08 - reported referred to codes [A01843 Detail]

Download: New_York-2011-A01843-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1843--D
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 12, 2011
                                      ___________
       Introduced  by M. of A. ROSENTHAL, BENEDETTO, MAISEL, MILLMAN, KAVANAGH,
         PAULIN, TITONE, P. RIVERA -- Multi-Sponsored by -- M. of  A.  BOYLAND,
         COLTON, GABRYSZAK, HEVESI, LIFTON, REILLY, SWEENEY, WEISENBERG -- read
         once  and  referred  to  the  Committee on Agriculture -- reported and
         referred to the Committee  on  Codes  --  committee  discharged,  bill
         amended,  ordered reprinted as amended and recommitted to said commit-
         tee -- again reported from said  committee  with  amendments,  ordered
         reprinted  as amended and recommitted to said committee -- recommitted
         to the Committee on Agriculture in accordance with  Assembly  Rule  3,
         sec.  2  --  committee  discharged, bill amended, ordered reprinted as
         amended and recommitted to said committee -- again reported from  said
         committee  with amendments, ordered reprinted as amended and recommit-
         ted to said committee
       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-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02265-05-2
       A. 1843--D                          2
    1  tion  law, ACTIVITIES DEEMED TO BE SOUND AGRICULTURAL PRACTICES PURSUANT
    2  TO SECTION THREE HUNDRED EIGHT OF THIS CHAPTER, the dispatch of rabid or
    3  diseased animals, as provided in article twenty-one of the public health
    4  law, or the dispatch of animals posing a threat to human safety or other
    5  animals, where such action is otherwise legally authorized, or any prop-
    6  erly  conducted scientific tests, experiments, or investigations involv-
    7  ing the use of living animals, performed or conducted in laboratories or
    8  institutions approved for such purposes by the  commissioner  of  health
    9  pursuant to section three hundred fifty-three of this article.
   10    S  2.  This  act shall take effect on the ninetieth day after it shall
   11  have become a law.