senate Bill S1853

2011-2012 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 Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to agriculture
Jan 13, 2011 referred to agriculture

Co-Sponsors

S1853 - Bill Details

See Assembly Version of this Bill:
A269
Current Committee:
Senate Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §353, Ag & Mkts L
Versions Introduced in 2009-2010 Legislative Session:
S4963A, A998B

S1853 - Bill Texts

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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.

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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:
Preventing those who abuse animals from committing similar acts in the
future is one of the purposes of New York's cruelty laws. Raising the
penalty to a felony for subsequent acts of cruelty that occur within
five years of a conviction of this section will help law enforcement
curb these activities by imposing lengthier periods of court
supervision or imprisonment, as deemed appropriate. Moreover, cruelty
toward animals has been linked to future violence toward human
victims, particularly vulnerable people such as domestic partners and
children. Treating repeat offenses of animal cruelty as felonies is
consonant with the goal of preventing future violence toward human
and animal victims.

LEGISLATIVE HISTORY:
A.617, 2008 and 2007, Referred to Agriculture Committee.
A.998-B, 2010 and 2009, Referred to Agriculture Committee.
S.4963-A, 2010 and 2009, Referred to Agriculture Committee.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
The first of December following the date of enactment.

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                    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

S. 1853                             2

  3.  Nothing  herein contained shall be construed to prohibit or inter-
fere with any properly conducted scientific tests, experiments or inves-
tigations, involving the use of living animals, performed  or  conducted
in  laboratories  or institutions, which are approved for these purposes
by  the  state  commissioner of health. The state commissioner of health
shall prescribe the rules under which such approvals shall  be  granted,
including therein standards regarding the care and treatment of any such
animals.  Such rules shall be published and copies thereof conspicuously
posted in each such laboratory or institution. The state commissioner of
health or his duly authorized representative shall  have  the  power  to
inspect such laboratories or institutions to insure compliance with such
rules  and  standards. Each such approval may be revoked at any time for
failure to comply with such rules and in any case the approval shall  be
limited to a period not exceeding one year.
  S 2. This act shall take effect on the first of December next succeed-
ing the date on which it shall have become a law.

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