Bill Text: NY S05801 | 2019-2020 | General Assembly | Introduced

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

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO DOMESTIC ANIMAL WELFARE [S05801 Detail]

Download: New_York-2019-S05801-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5801

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 15, 2019
                                       ___________

        Introduced  by Sens. SEPULVEDA, BOYLE -- read twice and ordered printed,
          and when printed to be committed to the Committee on  Domestic  Animal
          Welfare

        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-
    15  tion law, activities deemed to be sound agricultural practices  pursuant
    16  to section three hundred eight of this chapter, the dispatch of rabid or
    17  diseased animals, as provided in article twenty-one of the public health
    18  law, or the dispatch of animals posing a threat to human safety or other
    19  animals, where such action is otherwise legally authorized, or any prop-
    20  erly  conducted scientific tests, experiments, or investigations involv-
    21  ing the use of living animals, performed or conducted in laboratories or
    22  institutions approved for such purposes by the  commissioner  of  health
    23  pursuant to section three hundred fifty-three of this article.
    24    §  2.  This  act shall take effect on the ninetieth day after it shall
    25  have become a law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01851-01-9