senate Bill S5083

2011-2012 Legislative Session

Expands the definition of aggravated cruelty to animals to include harm to a companion animal during the commission of a felony

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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
May 01, 2012 reported and committed to codes
Jan 04, 2012 referred to agriculture
May 03, 2011 referred to agriculture

Votes

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May 1, 2012 - Agriculture committee Vote

S5083
9
0
committee
9
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
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Agriculture Committee Vote: May 1, 2012

excused (1)

Co-Sponsors

S5083 - Bill Details

See Assembly Version of this Bill:
A1632
Current Committee:
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd ยง353-a, Ag & Mkts L
Versions Introduced in 2009-2010 Legislative Session:
A10541

S5083 - Bill Texts

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Expands the definition of aggravated cruelty to animals to include harm to animals during the commission of a felony.

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BILL NUMBER:S5083

TITLE OF BILL:
An act
to amend the agriculture and markets law, in relation to expanding the
definition of aggravated cruelty to animals to include harm to animals
during the commission of a felony

PURPOSE:
To enhance laws relating to animal cruelty by including harm caused
during the commission of a felony or flight there from.

SUMMARY OF PROVISIONS:
Subdivision 1. of section 353-a of the agriculture and markets law, is
amended to criminalize the physical injury or death of a companion
animal that is caused during the course of commission of a felony or the
immediate flight there from.

JUSTIFICATION:
The recent case of drug traffickers cutting open the bellies of puppies
to transport liquid heroin into this country has opened our eyes to the
depths criminals will sink to accomplish their criminal enterprises.
Although the current definition of aggravated cruelty to animals will
most likely apply to the actions of these depraved individuals, we
cannot ignore the potential harm to other innocent animals misused or
even killed in the commission of felonies. Furthermore, in their total
disregard for the lives of pets, arsonists and burglars often perpetrate
horrendous acts of cruelty to human victims by not only destroying or
stealing property, but also by harming their beloved animals that are
either left to perish in flames or harmed in their attempt to protect
their masters from intruders.

This bill enhances aggravated cruelty to animals statute by including
specific provisions related to criminal activity, thus allowing society
to hold criminals responsible for the full extent of the harm they
cause.

LEGISLATIVE HISTORY:
2010: A.10541; Referred to Agriculture
2008: A.5838; Held for consideration in Agriculture
2007: A.5838; Referred to Agriculture
2006: A.9932; Held for consideration in Agriculture

FISCAL IMPLICATIONS:
None

EFFECTIVE DATE:
This act shall take immediately.

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

                                  5083

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sen.  BALL  --  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  expand-
  ing the definition of aggravated cruelty to animals to include harm to
  animals during the commission of a felony

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

  Section 1. Subdivision 1 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:
  1. A person is guilty of aggravated cruelty to animals when[,]: EITHER
  (A) with no justifiable purpose, he  or  she  intentionally  kills  or
intentionally  causes serious physical injury to a companion animal with
aggravated cruelty[.]; OR
  (B) IN THE COURSE OF COMMISSION OF A FELONY, OR  OF  IMMEDIATE  FLIGHT
THEREFROM,  HE  OR  SHE  CAUSES  PHYSICAL INJURY OR DEATH TO A COMPANION
ANIMAL.
  For purposes of this section, "aggravated cruelty" shall mean  conduct
which:   (i) is intended to cause extreme physical pain; or (ii) is done
or carried out in an especially depraved or sadistic manner.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02012-01-1

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