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Assembly Bill A998

2009-2010 Legislative Session

Increases the penalty for multiple convictions of torturing or failing to provide sustenance to a companion animal

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2009-A998 - Details

Current Committee:
Assembly Agriculture
Laws Affected:
Amd §353, Ag & Mkts L
Versions Introduced in 2011-2012 Legislative Session:
A269

2009-A998 - Summary

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

2009-A998 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   998

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. PAULIN, BENJAMIN, BRADLEY, COLTON, GALEF, MAYER-
  SOHN, ORTIZ, SWEENEY, ROSENTHAL, SPANO, GREENE --  Multi-Sponsored  by
  -- M. of A. ALFANO, BARRA, BING, CHRISTENSEN, CLARK, CUSICK, DINOWITZ,
  GABRYSZAK,  GLICK,  JOHN,  LATIMER, PHEFFER, SCARBOROUGH, SCHIMMINGER,
  WRIGHT -- read once and referred to the Committee on Agriculture

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:

  Section 1. The opening paragraph of section 353 of the agriculture and
markets law, as amended by chapter 523 of the laws of 2005,  is  amended
to read as follows:
  A  person  who  overdrives,  overloads,  tortures  or cruelly beats or
unjustifiably injures, maims, mutilates or  kills  any  animal,  whether
wild  or  tame,  and  whether  belonging  to  himself  or to another, or
deprives any animal of necessary sustenance, food or drink, or  neglects
or  refuses  to furnish it such sustenance or drink, or causes, procures
or permits any animal to be overdriven,  overloaded,  tortured,  cruelly
beaten,  or unjustifiably injured, maimed, mutilated or killed, or to be
deprived of necessary food or drink,  or  who  wilfully  sets  on  foot,
instigates, engages in, or in any way furthers any act of cruelty to any
animal, or any act tending to produce such cruelty, is guilty of a class
A  misdemeanor  and  for purposes of paragraph (b) of subdivision one of
section 160.10 of the criminal procedure law,  shall  be  treated  as  a
misdemeanor  defined in the penal law; EXCEPT THAT ANY VIOLATION OF THIS
SECTION WITHIN FIVE YEARS FROM THE DATE OF A  PRIOR  CONVICTION  OF  ANY
VIOLATION  OF THIS SECTION, SHALL BE A CLASS E FELONY, PUNISHABLE PURSU-
ANT TO THE PROVISIONS OF SECTION THREE  HUNDRED  FIFTY-THREE-A  OF  THIS
ARTICLE.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

2009-A998A - Details

Current Committee:
Assembly Agriculture
Laws Affected:
Amd §353, Ag & Mkts L
Versions Introduced in 2011-2012 Legislative Session:
A269

2009-A998A - Summary

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

2009-A998A - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 998--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. PAULIN, BENJAMIN, BRADLEY, COLTON, GALEF, MAYER-
  SOHN, ORTIZ, SWEENEY, ROSENTHAL, SPANO, GREENE --  Multi-Sponsored  by
  --  M.  of A.  ALFANO, BARRA, BING, CHRISTENSEN, CLARK, CUSICK, DINOW-
  ITZ, GABRYSZAK, GLICK, JOHN, LATIMER, PHEFFER, SCARBOROUGH, SCHIMMING-
  ER, WRIGHT -- read once and referred to the Committee  on  Agriculture
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

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:

  Section 1. The opening paragraph of section 353 of the agriculture and
markets law, as amended by chapter 523 of the laws of 2005,  is  amended
to read as follows:
  A  person  who  overdrives,  overloads,  tortures  or cruelly beats or
unjustifiably injures, maims, mutilates or  kills  any  animal,  whether
wild  or  tame,  and  whether  belonging  to  himself  or to another, or
deprives any animal of necessary sustenance, food or drink, or  neglects
or  refuses  to furnish it such sustenance or drink, or causes, procures
or permits any animal to be overdriven,  overloaded,  tortured,  cruelly
beaten,  or unjustifiably injured, maimed, mutilated or killed, or to be
deprived of necessary food or drink,  or  who  wilfully  sets  on  foot,
instigates, engages in, or in any way furthers any act of cruelty to any
animal, or any act tending to produce such cruelty, is guilty of a class
A  misdemeanor  and  for purposes of paragraph (b) of subdivision one of
section 160.10 of the criminal procedure law,  shall  be  treated  as  a
misdemeanor  defined in the penal law; EXCEPT THAT ANY VIOLATION OF THIS
SECTION WITHIN FIVE YEARS FROM THE DATE OF A  PRIOR  CONVICTION  OF  ANY
VIOLATION  OF THIS SECTION, SHALL BE A CLASS E FELONY, PUNISHABLE PURSU-

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

co-Sponsors

multi-Sponsors

2009-A998B (ACTIVE) - Details

Current Committee:
Assembly Agriculture
Laws Affected:
Amd §353, Ag & Mkts L
Versions Introduced in 2011-2012 Legislative Session:
A269

2009-A998B (ACTIVE) - Summary

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

2009-A998B (ACTIVE) - Sponsor Memo

2009-A998B (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 998--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. PAULIN, BENJAMIN, BRADLEY, COLTON, GALEF, MAYER-
  SOHN, ORTIZ, SWEENEY, ROSENTHAL, SPANO -- Multi-Sponsored by -- M.  of
  A.  ALFANO, BARRA, BING, CHRISTENSEN, CLARK, CUSICK, DINOWITZ, GABRYS-
  ZAK, GLICK, JOHN, LATIMER, PHEFFER, SCARBOROUGH,  SCHIMMINGER,  WRIGHT
  -- read once and referred to the Committee on Agriculture -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee -- reported and referred to the Committee on Codes
  --  again  reported  from  said  committee  with  amendments,  ordered
  reprinted as amended and recommitted to said committee

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 a companion animal

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 353 of the agriculture and markets law, as amended
by chapter 458 of the laws of 1985 and the opening paragraph as  amended
by chapter 523 of the laws of 2005, is amended to read as follows:
  S 353. Overdriving, torturing and injuring animals; failure to provide
proper  sustenance.  1.  A person who overdrives, overloads, tortures or
cruelly beats or unjustifiably injures, maims, mutilates  or  kills  any
animal,  whether  wild  or  tame, and whether belonging to himself or to
another, or deprives any animal of necessary sustenance, food or  drink,
or  neglects or refuses to furnish it such sustenance or drink, or caus-
es, procures  or  permits  any  animal  to  be  overdriven,  overloaded,
tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or
killed,  or  to  be deprived of necessary food or drink, or who wilfully
sets on foot, instigates, engages in, or in any way furthers any act  of
cruelty  to  any  animal, or any act tending to produce such cruelty, is
guilty of a class A misdemeanor and for purposes  of  paragraph  (b)  of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00464-08-9

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