Bill Text: NY S07302 | 2021-2022 | General Assembly | Introduced

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Bill Title: Increases the penalty for multiple convictions of torturing, killing or failing to provide sustenance to an animal to a felony, if convicted within five years from the date of a prior conviction.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO AGRICULTURE [S07302 Detail]

Download: New_York-2021-S07302-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7302

                               2021-2022 Regular Sessions

                    IN SENATE

                                      July 23, 2021
                                       ___________

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

        AN ACT to amend the agriculture and markets law, in relation to increas-
          ing the penalty for multiple convictions of torturing  or  failing  to
          provide sustenance to an animal

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

     1    Section 1. Section 353 of the agriculture and markets law, as  amended
     2  by  chapter 458 of the laws of 1985 and the opening paragraph as amended
     3  by chapter 523 of the laws of 2005, is amended to read as follows:
     4    § 353. Overdriving, torturing and injuring animals; failure to provide
     5  proper sustenance. 1. A person who overdrives,  overloads,  tortures  or
     6  cruelly  beats  or  unjustifiably injures, maims, mutilates or kills any
     7  animal, whether wild or tame, and whether belonging  to  himself  or  to
     8  another,  or deprives any animal of necessary sustenance, food or drink,
     9  or neglects or refuses to furnish it such sustenance or drink, or  caus-
    10  es,  procures  or  permits  any  animal  to  be  overdriven, overloaded,
    11  tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or
    12  killed, or to be deprived of necessary food or drink,  or  who  wilfully
    13  sets  on foot, instigates, engages in, or in any way furthers any act of
    14  cruelty to any animal, or any act tending to produce  such  cruelty,  is
    15  guilty  of  a  class  A misdemeanor and for purposes of paragraph (b) of
    16  subdivision one of section 160.10 of the criminal procedure  law,  shall
    17  be treated as a misdemeanor defined in the penal law.
    18    2.  A  second violation of subdivision one of this section within five
    19  years from the date of a prior conviction of any violation  of  subdivi-
    20  sion  one  of  this section, shall be a felony. A defendant convicted of
    21  this offense shall be sentenced pursuant to paragraph (b) of subdivision
    22  one of section 55.10 of the penal law provided, however, that  any  term
    23  of imprisonment imposed for a violation of this section shall be a defi-
    24  nite sentence, which may not exceed two years.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01811-01-1
        S. 7302                             2

     1    3.  Nothing  herein contained shall be construed to prohibit or inter-
     2  fere with any properly conducted scientific tests, experiments or inves-
     3  tigations, involving the use of living animals, performed  or  conducted
     4  in  laboratories  or institutions, which are approved for these purposes
     5  by  the  state  commissioner of health. The state commissioner of health
     6  shall prescribe the rules under which such approvals shall  be  granted,
     7  including therein standards regarding the care and treatment of any such
     8  animals.  Such rules shall be published and copies thereof conspicuously
     9  posted in each such laboratory or institution. The state commissioner of
    10  health or his duly authorized representative shall  have  the  power  to
    11  inspect such laboratories or institutions to insure compliance with such
    12  rules  and  standards. Each such approval may be revoked at any time for
    13  failure to comply with such rules and in any case the approval shall  be
    14  limited to a period not exceeding one year.
    15    § 2. This act shall take effect on the first of December next succeed-
    16  ing the date on which it shall have become a law.