|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 04, 2012||referred to agriculture|
|Jan 13, 2011||referred to agriculture|
senate Bill S1853
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S1853 - Details
S1853 - 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.
S1853 - Sponsor Memo
BILL NUMBER:S1853 TITLE OF BILL: An act to amend the agriculture and markets law, in relation to increasing the penalty for multiple convictions of torturing or failing to provide sustenance to a companion animal PURPOSE: To prevent animal abuse by raising the penalty for subsequent acts of cruelty which occur within five years of a conviction of this section to an E felony. SUMMARY OF PROVISIONS: Section one amends the opening paragraph of section three hundred fifty-three of the agriculture and markets law, as amended by chapter 523 of the laws of 2005, by adding language that would make any violation of this section within five years from the date of a prior conviction of any violation of this section a class E felony, punishable pursuant to the provisions of section three hundred fifty three-a of this article. Section two defines the effective date as the first of November following the enactment date. JUSTIFICATION:
S1853 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1853 2011-2012 Regular Sessions I N S E N A T E January 13, 2011 ___________ Introduced by Sens. OPPENHEIMER, DIAZ, PARKER, SERRANO -- 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 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 subdivision one of section 160.10 of the criminal procedure law, shall be treated as a misdemeanor defined in the penal law. 2. WHEN COMMITTED AGAINST A COMPANION ANIMAL, ANY VIOLATION OF SUBDI- VISION ONE OF THIS SECTION WITHIN FIVE YEARS FROM THE DATE OF A PRIOR CONVICTION OF ANY VIOLATION OF SUBDIVISION ONE OF THIS SECTION, SHALL BE A CLASS E FELONY, PUNISHABLE PURSUANT TO THE PROVISIONS OF SECTION THREE HUNDRED FIFTY-THREE-A OF THIS ARTICLE. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00839-01-1
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