Bill Text: NY S00460 | 2023-2024 | General Assembly | Amended

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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 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO AGRICULTURE [S00460 Detail]

Download: New_York-2023-S00460-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         460--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                     January 4, 2023
                                       ___________

        Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
          printed  to  be committed to the Committee on Agriculture -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          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,  or  taking as provided in article eleven of the environ-
    15  mental conservation law, activities  deemed  to  be  sound  agricultural
    16  practices  pursuant  to  section three hundred eight of this chapter, or
    17  reasonable activities for the purpose  of  managing  pests  that  is  in
    18  accordance  with  federal,  state,  and  local laws and regulations, the
    19  dispatch of rabid or diseased animals, as provided in article twenty-one
    20  of the public health law, or the dispatch of animals posing a threat  to
    21  human  safety  or  other animals, where such action is otherwise legally
    22  authorized, or any properly conducted scientific tests, experiments,  or
    23  investigations  involving  the  use  of  living  animals,  performed  or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00711-03-3
        S. 460--A                           2

     1  conducted in laboratories or institutions approved for such purposes  by
     2  the commissioner of health pursuant to section three hundred fifty-three
     3  of this article.
     4    §  2.  This  act shall take effect on the ninetieth day after it shall
     5  have become a law.