BILL NUMBER:A10541
TITLE OF BILL:
An act
to amend the agriculture and markets law, in relation to expanding the
definition of aggravated cruelty to animals to include harm to animals
during the commission of a felony
PURPOSE OR GENERAL IDEA OF BILL:
To enhance laws relating to animal cruelty by including harm caused
during the commission of a felony or flight therefrom.
SUMMARY OF SPECIFIC PROVISIONS:
Subdivision 1 of section 353-a of the agriculture and markets law, is
amended to criminalize the physical injury or death of a companion
animal that is caused during the course of commission of a felony or
the immediate flight therefrom.
JUSTIFICATION:
The recent case of drug traffickers cutting open the bellies of
puppies to transport liquid heroin into this country has opened our
eyes to the depths criminals will sink to accomplish their criminal
enterprises.
Although the current definition of aggravated cruelty to animals will
most likely apply to the actions of these depraved individuals, we
cannot ignore the potential harm to other innocent animals misused or
S T A T E O F N E W Y O R K
________________________________________________________________________
10541
I N A S S E M B L Y
April 2, 2010
___________
Introduced by M. of A. TEDISCO -- read once and referred to the Commit-
tee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to expand-
ing the definition of aggravated cruelty to animals to include harm to
animals during the commission of a felony
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 353-a of the agriculture and
markets law, as added by chapter 118 of the laws of 1999, is amended to
read as follows:
1. A person is guilty of aggravated cruelty to animals when[,]: EITHER
(A) with no justifiable purpose, he or she intentionally kills or
intentionally causes serious physical injury to a companion animal with
aggravated cruelty[.]; OR
(B) IN THE COURSE OF COMMISSION OF A FELONY, OR OF IMMEDIATE FLIGHT
THEREFROM, HE OR SHE CAUSES PHYSICAL INJURY OR DEATH TO A COMPANION
ANIMAL.
For purposes of this section, "aggravated cruelty" shall mean conduct
which: (i) is intended to cause extreme physical pain; or (ii) is done
or carried out in an especially depraved or sadistic manner.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15958-01-0
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