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Senate Bill S4681

2011-2012 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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2011-S4681 (ACTIVE) - Details

Current Committee:
Senate Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §353, Ag & Mkts L
Versions Introduced in 2009-2010 Legislative Session:
S4963, S1684

2011-S4681 (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.

2011-S4681 (ACTIVE) - Sponsor Memo

2011-S4681 (ACTIVE) - Bill Text download pdf 

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

                                  4681

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 14, 2011
                               ___________

Introduced  by Sen. FLANAGAN -- 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.
                                                           LBD10816-01-1

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