Bill Text: NY S04105 | 2023-2024 | General Assembly | Introduced

New York Senate Bill 4105

Introduced

Bill Title: Provides for penalties for causing the death of an animal; makes it a class D felony.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2024-01-03 - REFERRED TO AGRICULTURE [S04105 Detail]

Download: New_York-2023-S04105-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                          4105

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 3, 2023
                                       ___________

        Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Agriculture

        AN ACT to amend the agriculture and markets law, in relation  to  penal-
          ties for causing the death of an animal

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

     1    Section 1. The agriculture and markets law is amended by adding a  new
     2  section 352 to read as follows:
     3    §  352.  Causing the death of an animal. A person is guilty of causing
     4  the death of an animal, when he or she commits  a  crime  under  section
     5  three hundred fifty-three or section three hundred fifty-three-a of this
     6  article,  and  such  conduct results in the death of an animal.  Causing
     7  the death of an animal is a class D felony.
     8    § 2. The opening paragraph of  section  353  of  the  agriculture  and
     9  markets  law,  as amended by chapter 523 of the laws of 2005, is amended
    10  to read as follows:
    11    A person who overdrives,  overloads,  tortures  or  cruelly  beats  or
    12  unjustifiably injures, maims, or mutilates [or kills] any animal, wheth-
    13  er  wild  or  tame,  and  whether belonging to himself or to another, or
    14  deprives any animal of necessary sustenance, food or drink, or  neglects
    15  or  refuses  to furnish it such sustenance or drink, or causes, procures
    16  or permits any animal to be overdriven,  overloaded,  tortured,  cruelly
    17  beaten,  or  unjustifiably injured, maimed, mutilated [or killed], or to
    18  be deprived of necessary food or drink, or who wilfully  sets  on  foot,
    19  instigates, engages in, or in any way furthers any act of cruelty to any
    20  animal, or any act tending to produce such cruelty, is guilty of a class
    21  A  misdemeanor  and  for purposes of paragraph (b) of subdivision one of
    22  section 160.10 of the criminal procedure law,  shall  be  treated  as  a
    23  misdemeanor defined in the penal law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05210-01-3

        S. 4105                             2

     1    §  3.  Subdivision  1  of section 353-a of the agriculture and markets
     2  law, as added by chapter 118 of the laws of 1999, is amended to read  as
     3  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 with aggravated
     7  cruelty. For purposes of this section, "aggravated cruelty"  shall  mean
     8  conduct  which:  (i) is intended to cause extreme physical pain; or (ii)
     9  is done or carried out in an especially depraved or sadistic manner.
    10    § 4. This act shall take effect immediately.