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Senate Bill S1684

2009-2010 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Agriculture Committee

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2009-S1684 (ACTIVE) - Details

Current Committee:
Senate Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §353, Ag & Mkts L
Versions Introduced in 2011-2012 Legislative Session:
S4681, S1853

2009-S1684 (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-S1684 (ACTIVE) - Sponsor Memo

2009-S1684 (ACTIVE) - Bill Text download pdf 

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

                                  1684

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 5, 2009
                               ___________

Introduced  by  Sens.  FLANAGAN,  BONACIC, DeFRANCISCO, LARKIN, MORAHAN,
  VOLKER -- read twice and ordered  printed,  and  when  printed  to  be
  committed 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00464-01-9

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