Bill Text: NY S05115 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to penalties for committing multiple animal cruelty offenses.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-01-06 - REFERRED TO AGRICULTURE [S05115 Detail]
Download: New_York-2015-S05115-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5115
2015-2016 Regular Sessions
I N S E N A T E
May 1, 2015
___________
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 those committing multiple animal cruelty offenses
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 353-a of the agriculture and markets law, as added
2 by chapter 118 of the laws of 1999, is amended to read as follows:
3 S 353-a. Aggravated cruelty to animals. 1. (A) A person is guilty of
4 aggravated cruelty to animals when, with no justifiable purpose, he or
5 she intentionally kills or intentionally causes serious physical injury
6 to a companion animal with aggravated cruelty OR (B) WHEN HE OR SHE
7 COMMITS AN OFFENSE DESCRIBED IN SECTION THREE HUNDRED FIFTY-THREE OF
8 THIS ARTICLE AND HAS BEEN PREVIOUSLY CONVICTED OF AN OFFENSE UNDER SUCH
9 SECTION WITHIN THE PAST TEN YEARS. For purposes of this section, "aggra-
10 vated cruelty" shall mean conduct which: (i) is intended to cause
11 extreme physical pain; or (ii) is done or carried out in an especially
12 depraved or sadistic manner.
13 2. Nothing contained in this section shall be construed to prohibit or
14 interfere in any way with anyone lawfully engaged in hunting, trapping,
15 or fishing, as provided in article eleven of the environmental conserva-
16 tion law, the dispatch of rabid or diseased animals, as provided in
17 article twenty-one of the public health law, or the dispatch of animals
18 posing a threat to human safety or other animals, where such action is
19 otherwise legally authorized, or any properly conducted scientific
20 tests, experiments, or investigations involving the use of living
21 animals, performed or conducted in laboratories or institutions approved
22 for such purposes by the commissioner of health pursuant to section
23 three hundred fifty-three of this article.
24 3. Aggravated cruelty to animals is a felony. A defendant convicted of
25 this offense shall be [sentenced pursuant to paragraph (b) of subdivi-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09329-01-5
S. 5115 2
1 sion one of section 55.10 of the penal law provided, however, that any
2 term of imprisonment imposed for violation of this section shall be a
3 definite sentence, which may not exceed two years] GUILTY OF A CLASS E
4 FELONY; A DEFENDANT CONVICTED OF AN OFFENSE UNDER PARAGRAPH (A) OF
5 SUBDIVISION ONE OF THIS SECTION WHO HAS PREVIOUSLY BEEN CONVICTED OF AN
6 OFFENSE UNDER SECTION THREE HUNDRED FIFTY-THREE OF THIS ARTICLE SHALL BE
7 GUILTY OF A CLASS D FELONY; A DEFENDANT CONVICTED OF THIS OFFENSE WHO
8 HAS PREVIOUSLY BEEN CONVICTED OF AN OFFENSE UNDER THIS SECTION SHALL BE
9 GUILTY OF A CLASS C FELONY.
10 S 2. This act shall take effect immediately.
