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

                                   239

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A. MAGNARELLI, MILLMAN, V. LOPEZ, GLICK, TITONE,
  DelMONTE, BENEDETTO, CUSICK, ROBINSON, EDDINGTON -- Multi-Sponsored by
  -- M. of A. BING, BOYLAND,  COLTON,  JAFFEE,  KOON,  LUPARDO,  MAISEL,
  MARKEY,  PHEFFER,  J. RIVERA, SWEENEY, TOWNS -- read once and referred
  to the Committee on Agriculture

AN ACT to amend the agriculture and markets law, in relation  to  penal-
  ties for cruelty to animals

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

  Section 1. The two undesignated paragraphs of section 353 of the agri-
culture and markets law are designated subdivisions 1 and 2, and  subdi-
vision  1,  as amended by chapter 523 of the laws of 2005, is amended to
read as follows:
  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  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[,]: (A) IF  FOUND  TO
DO  SO WITH NEGLIGENCE OR RECKLESSNESS, is guilty of a class A misdemea-
nor 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; OR (B) IF FOUND TO  DO  SO  INTENTIONALLY,  IS
GUILTY OF A CLASS E FELONY AS DEFINED IN THE PENAL LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00545-01-9

              

A. 239                              2

  S  2.  Subdivision  3  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:
  3. Aggravated cruelty to animals is a felony. A defendant convicted of
this  offense  shall be [sentenced pursuant to paragraph (b) of subdivi-
sion one of section 55.10 of the penal law provided, however,  that  any
term  of  imprisonment  imposed for violation of this section shall be a
definite sentence, which may not exceed two years] CONVICTED OF A  CLASS
D FELONY AS DEFINED IN THE PENAL LAW.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.