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

                                   592

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  -- Multi-Sponsored by -- M. of A.
  BRAUNSTEIN, MALLIOTAKIS -- read once and referred to the Committee  on
  Agriculture

AN  ACT to amend the agriculture and markets law, in relation to reclas-
  sifying certain criminal acts relating to the abuse of animals; and to
  amend the criminal procedure law, in  relation  to  making  conforming
  technical changes

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

  Section 1. Section 351 of the agriculture and markets law, as added by
chapter 150 of the laws of 1984, subdivision 2 as amended by chapter 190
of the laws of 2004, subdivision 5 as amended by chapter 332 of the laws
of 2011 and subdivision 6 as added by chapter 144 of the laws  of  2012,
is amended to read as follows:
  S 351. Prohibition of animal fighting. 1. DEFINITIONS. For purposes of
this  section,  the  term "animal fighting" shall mean any fight between
cocks or other birds,  or  between  dogs,  bulls,  bears  or  any  other
animals,  or  between any such animal and a person or persons, except in
exhibitions of a kind commonly featured at rodeos.
  2. ANIMAL FIGHTING; FIRST OFFENSE. (A) Any person who engages  in  any
of  the  following  conduct is guilty of a CLASS E felony FOR HIS OR HER
FIRST OFFENSE punishable by imprisonment for a period not to exceed four
years, or by a fine not to exceed twenty-five thousand  dollars,  or  by
both such fine and imprisonment:
  [(a)] (I) For amusement or gain, causes any animal to engage in animal
fighting; or
  [(b)]  (II)  Trains  any animal under circumstances evincing an intent
that such animal engage in animal fighting for amusement or gain; or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04416-01-3

              

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  [(c)] (III) Breeds, sells or offers for sale any animal under  circum-
stances  evincing  an intent that such animal engage in animal fighting;
or
  [(d)]  (IV)  Permits  any act described in [paragraph (a), (b) or (c)]
SUBPARAGRAPH (I), (II) OR (III) of this [subdivision] PARAGRAPH to occur
on premises under his OR HER control; or
  [(e)] (V) Owns, possesses or keeps any animal  trained  to  engage  in
animal  fighting  on  premises where an exhibition of animal fighting is
being conducted under circumstances evincing an intent that such  animal
engage in animal fighting.
  (B)  IF ANY OF THE CONDUCT SPECIFIED IN PARAGRAPH (A) OF THIS SUBDIVI-
SION RESULTS IN PHYSICAL INJURY, SERIOUS PHYSICAL INJURY, OR  THE  DEATH
OF THE ANIMAL, THE PERSON WHO ENGAGES IN SUCH CONDUCT SHALL BE GUILTY OF
A CLASS D FELONY.
  3.  POSSESSION  OF  FIGHTING ANIMAL; FIRST OFFENSE. (a) Any person who
engages in conduct specified in paragraph (b)  of  this  subdivision  is
guilty  of a CLASS A misdemeanor and is punishable by imprisonment for a
period not to exceed one year, or by a fine not to exceed fifteen  thou-
sand dollars, or by both such fine and imprisonment.
  (b)  The  owning,  possessing  or  keeping of any animal under circum-
stances evincing an intent that such animal engage in animal fighting.
  4. ATTENDING OR WAGERING ON ANIMAL  FIGHTS;  FIRST  OFFENSE.  (a)  Any
person  who  engages  in  conduct specified in paragraph (b) [hereof] OF
THIS SUBDIVISION is guilty of a CLASS A misdemeanor and is punishable by
imprisonment for a period not to exceed one year, or by a  fine  not  to
exceed one thousand dollars, or by both such fine and imprisonment.
  (b)  The  knowing presence as a spectator having paid an admission fee
or having made a wager at any place where an exhibition of animal fight-
ing is being conducted.
  5. PENALTIES. (a) Any person who engages in the conduct  specified  in
paragraph  (b)  of  this  subdivision is guilty of a class B misdemeanor
punishable by imprisonment for a period not to exceed three  months,  or
by  a  fine not to exceed five hundred dollars, or by both such fine and
imprisonment.  Any person who engages in the conduct specified in  para-
graph  (b)  of  this  subdivision after having been convicted within the
previous five years of a violation of this  subdivision  or  subdivision
four  of  this  section  is guilty of a misdemeanor and is punishable by
imprisonment for a period not to exceed one year, or by a  fine  not  to
exceed one thousand dollars, or by both such fine and imprisonment.
  (b)  The knowing presence as a spectator at any place where an exhibi-
tion of animal fighting is being conducted.
  6. ANIMAL FIGHTING PARAPHERNALIA. (a)  Any  person  who  intentionally
owns,  possesses,  sells,  transfers  or  manufactures  animal  fighting
paraphernalia with the intent to  engage  in  or  otherwise  promote  or
facilitate animal fighting as defined in subdivision one of this section
is  guilty  of  a  class  B misdemeanor punishable by imprisonment for a
period of up to ninety days, or by a fine not  to  exceed  five  hundred
dollars,  or  by both such fine and imprisonment. Any person who engages
in the conduct specified in this subdivision after having been convicted
within the previous five years of a violation  of  this  subdivision  is
guilty  of  a misdemeanor and is punishable by imprisonment for a period
not to exceed one year, or by a fine not to exceed one thousand dollars,
or by both such fine and imprisonment.
  (b) For purposes of this section, animal fighting paraphernalia  shall
mean  equipment,  products,  or  materials  of  any  kind that are used,
intended for use, or designed for  use  in  the  training,  preparation,

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conditioning   or   furtherance  of  animal  fighting.  Animal  fighting
paraphernalia includes the following:
  (i)  A  breaking  stick,  which  means a device designed for insertion
behind the molars of a dog for the purpose of breaking the dog's grip on
another animal or object;
  (ii) A cat mill, which means a device that rotates  around  a  central
support  with  one  arm designed to secure a dog and one arm designed to
secure a cat, rabbit, or other small animal beyond the grasp of the dog;
  (iii) A treadmill, which means an exercise  device  consisting  of  an
endless belt on which the animal walks or runs without changing places;
  (iv) A springpole, which means a biting surface attached to a stretch-
able  device,  suspended  at  a  height sufficient to prevent a dog from
reaching the biting surface while touching the ground;
  (v) A fighting pit, which means a walled area,  or  otherwise  defined
area, designed to contain an animal fight;
  (vi)  Any other instrument commonly used in the furtherance of pitting
an animal against another animal.
  7. SECOND AND ADDITIONAL OFFENSES. (A) ANY PERSON WHO IS CONVICTED  OF
A  VIOLATION OF PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION AND HAS
PREVIOUSLY BEEN CONVICTED OF A VIOLATION  OF  SUCH  PARAGRAPH  SHALL  BE
GUILTY OF A CLASS D FELONY.
  (B)  ANY  PERSON  WHO  IS CONVICTED OF A VIOLATION OF PARAGRAPH (B) OF
SUBDIVISION TWO OF THIS SECTION AND WHO HAS PREVIOUSLY BEEN CONVICTED OF
A VIOLATION OF SUCH PARAGRAPH SHALL BE GUILTY OF A CLASS C FELONY.
  (C) ANY PERSON WHO IS CONVICTED OF A VIOLATION  OF  PARAGRAPH  (A)  OF
SUBDIVISION  TWO  OF  THIS SECTION AND WHO HAS PREVIOUSLY BEEN CONVICTED
TWO OR MORE TIMES OF A VIOLATION OF SUCH PARAGRAPH SHALL BE GUILTY OF  A
CLASS C FELONY.
  (D)  ANY  PERSON  WHO  IS CONVICTED OF A VIOLATION OF PARAGRAPH (B) OF
SUBDIVISION TWO OF THIS SECTION AND WHO HAS  PREVIOUSLY  BEEN  CONVICTED
TWO  OR MORE TIMES OF A VIOLATION OF SUCH PARAGRAPH SHALL BE GUILTY OF A
CLASS B FELONY.
  (E) ANY PERSON WHO IS CONVICTED OF A VIOLATION OF SUBDIVISION THREE OF
THIS SECTION AND HAS PREVIOUSLY BEEN CONVICTED OF A  VIOLATION  OF  SUCH
SUBDIVISION SHALL BE GUILTY OF A CLASS E FELONY.
  (F)  ANY PERSON WHO IS CONVICTED OF A VIOLATION OF SUBDIVISION FOUR OF
THIS SECTION AND WHO HAS PREVIOUSLY BEEN CONVICTED  OF  A  VIOLATION  OF
SUCH SUBDIVISION SHALL BE GUILTY OF A CLASS E FELONY.
  S  2.  Section  353  of the agriculture and markets law, as amended by
chapter 458 of the laws of 1985, 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, HERSELF,
or to another[, or] SHALL BE GUILTY OF A CLASS E FELONY.
  2. ANY PERSON WHO 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[,] OR over-
loaded, [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

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procedure  law,  shall  be treated as a misdemeanor defined in the penal
law].
  3. ANY PERSON WHO 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 OR OVERLOADED,
AND SUCH ACT RESULTS IN THE SERIOUS PHYSICAL  INJURY  OR  DEATH  OF  THE
ANIMAL SHALL BE GUILTY OF A CLASS E FELONY.
  4.  (A)  ANY PERSON WHO IS CONVICTED OF A VIOLATION OF SUBDIVISION ONE
OF THIS SECTION AND WHO HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION  OF
SUCH SUBDIVISION SHALL BE GUILTY OF A CLASS D FELONY.
  (B)  ANY  PERSON WHO IS CONVICTED OF A VIOLATION OF SUBDIVISION TWO OF
THIS SECTION AND WHO HAS PREVIOUSLY BEEN CONVICTED  OF  A  VIOLATION  OF
SUCH SUBDIVISION SHALL BE GUILTY OF A CLASS E FELONY.
  (C) ANY PERSON WHO IS CONVICTED OF A VIOLATION OF SUBDIVISION THREE OF
THIS  SECTION  AND  WHO  HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION OF
SUCH SUBDIVISION SHALL BE GUILTY OF A CLASS D FELONY.
  5. 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 OR HER 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 3. 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:
  S  353-a.  Aggravated  cruelty  to  animals.  1. A person is guilty of
aggravated cruelty to animals when, with no justifiable purpose,  he  or
she  intentionally kills or intentionally causes serious physical injury
to a companion animal with aggravated cruelty.
  2. 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.
  [2.] 3. Nothing contained  in  this  section  shall  be  construed  to
prohibit  or  interfere in any way with anyone lawfully engaged in hunt-
ing, trapping, or fishing, as provided in article eleven of the environ-
mental conservation law, the dispatch of rabid or diseased  animals,  as
provided in article twenty-one of the public health law, or the dispatch
of  animals posing a threat to human safety or other animals, where such
action is otherwise legally authorized, or any properly conducted scien-
tific tests, experiments, or investigations involving the use of  living
animals, performed or conducted in laboratories or institutions approved
for  such  purposes  by  the  commissioner of health pursuant to section
three hundred fifty-three of this article.
  [3.] 4. Aggravated cruelty to animals is a CLASS E felony. [A  defend-
ant  convicted  of this offense shall be sentenced pursuant to paragraph
(b) of subdivision one of section  55.10  of  the  penal  law  provided,
however,  that  any  term  of imprisonment imposed for violation of this
section shall be a definite sentence, which may not exceed two years.]

A. 592                              5

  5. ANY PERSON WHO IS CONVICTED OF A VIOLATION OF  SUBDIVISION  ONE  OF
THIS  SECTION AND WHO HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION UNDER
THIS SECTION SHALL BE GUILTY OF A CLASS D FELONY.
  S  4.  Section  353-b  of the agriculture and markets law, as added by
chapter 594 of the laws of 2003, is amended to read as follows:
  S 353-b. Appropriate shelter for dogs left outdoors. 1.  For  purposes
of this section:
  (a)  "Physical condition" shall include any special medical needs of a
dog due to disease, illness, injury, age or breed about which the  owner
or person with custody or control of the dog should reasonably be aware.
  (b)  "Inclement weather" shall mean weather conditions that are likely
to adversely affect the health or safety of the dog, including  but  not
limited to rain, sleet, ice, snow, wind, or extreme heat and cold.
  (c) "Dogs that are left outdoors" shall mean dogs that are outdoors in
inclement  weather  without  ready access to, or the ability to enter, a
house, apartment building,  office  building,  or  any  other  permanent
structure  that  complies with the standards enumerated in paragraph (b)
of subdivision [three] FIVE of this section.
  2. (a) Any person who owns or has custody or control of a dog that  is
left  outdoors  shall  provide it with shelter appropriate to its breed,
physical condition and the climate. Any person  who  knowingly  violates
the  provisions  of  this  [section]  SUBDIVISION  shall  be guilty of a
[violation, punishable by a fine of not less than fifty dollars nor more
than one hundred dollars for a first offense, and a  fine  of  not  less
than  one  hundred dollars nor more than two hundred fifty dollars for a
second and subsequent offenses.] CLASS B MISDEMEANOR.
  (B) ANY PERSON WHO VIOLATES THE PROVISIONS OF PARAGRAPH  (A)  OF  THIS
SUBDIVISION  WHERE  SUCH VIOLATION RESULTS IN THE PHYSICAL INJURY TO THE
ANIMAL SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
  (C) ANY PERSON WHO VIOLATES THE PROVISIONS OF PARAGRAPH  (A)  OF  THIS
SUBDIVISION  WHERE SUCH VIOLATION RESULTS IN THE SERIOUS PHYSICAL INJURY
OR DEATH OF THE ANIMAL SHALL BE GUILTY OF A CLASS E FELONY.
  (D) ANY PERSON WHO VIOLATES THE PROVISIONS OF PARAGRAPH  (A)  OF  THIS
SUBDIVISION  AND WHO HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION OF THE
PROVISIONS OF SUCH PARAGRAPH SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
  (E) ANY PERSON WHO VIOLATES THE PROVISIONS OF PARAGRAPH  (B)  OF  THIS
SUBDIVISION  AND WHO HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION OF THE
PROVISIONS OF SUCH PARAGRAPH SHALL BE GUILTY OF A CLASS E FELONY.
  (F) ANY PERSON WHO VIOLATES THE PROVISIONS OF PARAGRAPH  (C)  OF  THIS
SUBDIVISION  AND WHO HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION OF THE
PROVISIONS OF SUCH PARAGRAPH SHALL BE GUILTY OF A CLASS D FELONY.
  3. Beginning seventy-two  hours  after  a  charge  of  violating  this
section,  each day that a defendant fails to correct the deficiencies in
the dog shelter for a dog that he or she owns or that is in his  or  her
custody  or  control  and  that is left outdoors, so as to bring it into
compliance with the provisions of this section shall constitute a  sepa-
rate offense.
  [(b)]  4.  The  court may, in its discretion, reduce the amount of any
fine imposed for a violation of this section by  the  amount  which  the
defendant  proves he or she has spent providing a dog shelter or repair-
ing an existing dog shelter so that it complies with the requirements of
this section. Nothing in this [paragraph] SUBDIVISION shall prevent  the
seizure of a dog for a violation of this section pursuant to the author-
ity granted in this article.
  [3.] 5. Minimum standards for determining whether shelter is appropri-
ate to a dog's breed, physical condition and the climate shall include:

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  (a)  For  dogs  that  are  restrained in any manner outdoors, shade by
natural or artificial means to protect the dog from direct  sunlight  at
all  times when exposure to sunlight is likely to threaten the health of
the dog.
  (b)  For all dogs that are left outdoors in inclement weather, a hous-
ing facility, which must: (1) have a  waterproof  roof;  (2)  be  struc-
turally  sound  with insulation appropriate to local climatic conditions
and sufficient to  protect  the  dog  from  inclement  weather;  (3)  be
constructed  to  allow  each  dog  adequate  freedom of movement to make
normal postural adjustments, including the ability  to  stand  up,  turn
around  and  lie  down  with  its  limbs outstretched; and (4) allow for
effective removal of  excretions,  other  waste  material[;],  dirt  and
trash.  The  housing  facility  and  the area immediately surrounding it
shall be regularly cleaned to maintain a healthy and  sanitary  environ-
ment and to minimize health hazards.
  [4.]  6.  Inadequate shelter may be indicated by the appearance of the
housing facility itself, including but not limited to, size,  structural
soundness,  evidence  of crowding within the housing facility, healthful
environment in the area immediately surrounding such facility, or by the
appearance or physical condition of the dog.
  [5.] 7. Upon a finding of any violation of this section,  any  dog  or
dogs  seized  pursuant  to  the provisions of this article that have not
been voluntarily surrendered by the  owner  or  custodian  or  forfeited
pursuant to court order shall be returned to the owner or custodian only
upon proof that appropriate shelter as required by this section is being
provided.
  [6.]  8.  Nothing  in  this  section  shall be construed to affect any
protections afforded to dogs or other animals under any other provisions
of this article.
  S 5. Section 355 of the agriculture and markets  law,  as  amended  by
chapter 458 of the laws of 1985, is amended to read as follows:
  S 355. Abandonment  of animals. 1. A person being the owner or posses-
sor, or having charge or custody of an animal, who abandons such animal,
or leaves it to die in a street, road or public  place,  or  who  allows
such animal, if it [become] BECOMES disabled, to lie in a public street,
road  or  public  place  more  than three hours after he OR SHE receives
notice that it is left disabled, is guilty of  a  CLASS  A  misdemeanor,
punishable  by  imprisonment for not more than one year, or by a fine of
not more than one thousand dollars, or by both.
  2. (A) A PERSON BEING THE OWNER OR  POSSESSOR,  OR  HAVING  CHARGE  OR
CUSTODY OF AN ANIMAL, WHO ABANDONS SUCH ANIMAL, OR LEAVES IT TO DIE IN A
STREET,  ROAD  OR PUBLIC PLACE, OR WHO ALLOWS SUCH ANIMAL, IF IT BECOMES
DISABLED, TO LIE IN A PUBLIC STREET, ROAD  OR  PUBLIC  PLACE  MORE  THAN
THREE  HOURS  AFTER  HE OR SHE RECEIVES NOTICE THAT IT IS LEFT DISABLED,
AND
  (B) SUCH ACT OR FAILURE TO ACT RESULTS IN THE SERIOUS PHYSICAL  INJURY
OR DEATH OF THE ANIMAL, IS GUILTY OF A CLASS E FELONY.
  3.  (A)  ANY  PERSON  WHO  IS CONVICTED OF VIOLATING THE PROVISIONS OF
SUBDIVISION ONE OF THIS SECTION AND WHO HAS PREVIOUSLY BEEN CONVICTED OF
A VIOLATION OF SUCH SUBDIVISION SHALL BE GUILTY OF A CLASS E FELONY.
  (B) ANY PERSON WHO IS CONVICTED OF VIOLATING THE PROVISIONS OF  SUBDI-
VISION  TWO  OF  THIS SECTION AND WHO HAS PREVIOUSLY BEEN CONVICTED OF A
VIOLATION OF SUCH SUBDIVISION SHALL BE GUILTY OF A CLASS D FELONY.
  S 6. Section 356 of the agriculture and markets  law,  as  amended  by
chapter 458 of the laws of 1985, is amended to read as follows:

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  S 356. Failure  to  provide  proper  food  and  drink  to AN impounded
animal. 1. (A) A person who, having impounded or  confined  any  animal,
refuses  or  neglects  to supply to such animal during its confinement a
sufficient supply of good and wholesome air, food, shelter and water, is
guilty of a CLASS A misdemeanor, punishable by imprisonment for not more
than one year, or by a fine of not more than one thousand dollars, or by
both.
  (B)  ANY  PERSON  WHO VIOLATES THE PROVISIONS OF PARAGRAPH (A) OF THIS
SUBDIVISION AND SUCH VIOLATION RESULTS IN THE SERIOUS PHYSICAL INJURY OR
DEATH OF THE ANIMAL SHALL BE GUILTY OF A CLASS E FELONY.
  (C) ANY PERSON WHO VIOLATES THE PROVISIONS OF PARAGRAPH  (A)  OF  THIS
SUBDIVISION  AND  WHO  HAS  PREVIOUSLY  BEEN  CONVICTED OF VIOLATING THE
PROVISIONS OF SUCH PARAGRAPH SHALL BE GUILTY OF A CLASS E FELONY.
  (D) ANY PERSON WHO VIOLATES THE PROVISIONS OF PARAGRAPH  (B)  OF  THIS
SUBDIVISION  AND  WHO  HAS  PREVIOUSLY  BEEN  CONVICTED OF VIOLATING THE
PROVISIONS OF SUCH PARAGRAPH SHALL BE GUILTY OF A CLASS D FELONY.
  2. In case any animal shall be at any time impounded as aforesaid, and
shall continue to be without necessary food  and  water  for  more  than
twelve successive hours, it shall be lawful for any person, from time to
time,  and as often as it shall be necessary, to enter into and upon any
pound in which any such animal shall be so confined, and  to  supply  it
with  necessary  food and water, so long as it shall remain so confined;
such person shall not be liable [to] FOR any action for such entry,  and
the  reasonable cost of such food and water may be collected by him [of]
OR HER FROM the owner of such animal, and [the] said animal shall not be
exempt from levy and sale upon execution issued upon a  judgment  there-
for.
  S 7. Section 359 of the agriculture and markets law, as added by chap-
ter 1047 of the laws of 1965, subdivision 1 as amended by chapter 458 of
the  laws of 1985 and subdivision 2 as amended by chapter 84 of the laws
of 2001, is amended to read as follows:
  S 359. Carrying AN animal in a cruel  manner.  1.  (A)  A  person  who
carries  or  causes  to  be  carried in or upon any vessel or vehicle or
otherwise, any animal in a cruel or inhuman manner, or so as to  produce
torture,  is guilty of a CLASS A misdemeanor, punishable by imprisonment
for not more than one year, or by a fine of not more than  one  thousand
dollars, or by both.
  (B)  ANY  PERSON  WHO VIOLATES THE PROVISIONS OF PARAGRAPH (A) OF THIS
SUBDIVISION AND SUCH VIOLATION RESULTS IN THE SERIOUS PHYSICAL INJURY OR
DEATH OF THE ANIMAL SHALL BE GUILTY OF A CLASS E FELONY.
  (C) ANY PERSON WHO VIOLATES THE PROVISIONS OF PARAGRAPH  (A)  OF  THIS
SUBDIVISION  AND  WHO  HAS  PREVIOUSLY  BEEN  CONVICTED OF VIOLATING THE
PROVISIONS OF SUCH PARAGRAPH SHALL BE GUILTY OF A CLASS E FELONY.
  (D) ANY PERSON WHO VIOLATES THE PROVISIONS OF PARAGRAPH  (B)  OF  THIS
SUBDIVISION  AND  WHO  HAS  PREVIOUSLY  BEEN  CONVICTED OF VIOLATING THE
PROVISIONS OF SUCH PARAGRAPH SHALL BE GUILTY OF A CLASS D FELONY.
  2. A railway corporation, or an owner, agent, consignee, or person  in
charge  of any horses, sheep, cattle, or swine, in the course of, or for
transportation, who confines, or  causes  or  suffers  the  same  to  be
confined,  in  cars  for  a  longer period than twenty-eight consecutive
hours, or thirty-six consecutive hours where consent  is  given  in  the
manner hereinafter provided, without unloading for rest, water and feed-
ing,  during five consecutive hours, unless prevented by storm or inevi-
table accident, is guilty of a CLASS A misdemeanor.  The  consent  which
will  extend  the  period from twenty-eight to thirty-six hours shall be
given by the owner, or by person in custody of a particular shipment, by

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a writing separate and apart from any printed bill of  lading  or  other
railroad form. In estimating such confinement, the time during which the
animals  have been confined without rest, on connecting roads from which
they are received, must be computed.
  S  8.  Section  360  of the agriculture and markets law, as amended by
chapter 458 of the laws of 1985, is amended to read as follows:
  S 360. Poisoning or attempting to poison  animals.  1.  A  person  who
unjustifiably  administers any poisonous or noxious drug or substance to
[a horse, mule or domestic cattle or unjustifiably exposes any such drug
or substance with intent that the same shall be taken by horse, mule  or
by  domestic  cattle, whether such horse, mule or domestic cattle be the
property of himself or another,] ANY ANIMAL is guilty of a CLASS E felo-
ny. [A person who unjustifiably administers  any  poisonous  or  noxious
drug  or  substance  to  an animal, other than a horse, mule or domestic
cattle, or unjustifiably exposes any such drug or substance with  intent
that  the  same  shall be taken by an animal other than a horse, mule or
domestic cattle, whether such animal  be  the  property  of  himself  or
another,  is guilty of a misdemeanor, punishable by imprisonment for not
more than one year, or by a fine of not more than one thousand  dollars,
or by both.]
  2.  ANY  PERSON WHO VIOLATES THE PROVISIONS OF SUBDIVISION ONE OF THIS
SECTION AND SUCH VIOLATION RESULTS IN THE  SERIOUS  PHYSICAL  INJURY  OR
DEATH OF THE ANIMAL SHALL BE GUILTY OF A CLASS D FELONY.
  3.  ANY  PERSON WHO VIOLATES THE PROVISIONS OF SUBDIVISION ONE OF THIS
SECTION  AND  WHO  HAS  PREVIOUSLY  BEEN  CONVICTED  OF  VIOLATING   THE
PROVISIONS OF SUCH SUBDIVISION SHALL BE GUILTY OF A CLASS D FELONY.
  4.  ANY  PERSON WHO VIOLATES THE PROVISIONS OF SUBDIVISION TWO OF THIS
SECTION AND WHO HAS PREVIOUSLY BEEN CONVICTED OF  A  FELONY  UNDER  SUCH
SUBDIVISION SHALL BE GUILTY OF A CLASS C FELONY.
  S  9.  Section  365  of the agriculture and markets law, as amended by
chapter 458 of the laws of 1985, is amended to read as follows:
  S 365. Clipping or cutting the ears of dogs. 1. (A) Whoever  clips  or
cuts  off  or causes or procures another to clip or cut off the whole or
any part of an ear of any dog unless  an  anaesthetic  shall  have  been
given to the dog and the operation performed by a licensed veterinarian,
is  guilty  of a CLASS A misdemeanor, punishable by imprisonment for not
more than one year, or a fine of not more than one thousand dollars,  or
by both.
  (B)  ANY  PERSON  WHO VIOLATES THE PROVISIONS OF PARAGRAPH (A) OF THIS
SUBDIVISION AND SUCH VIOLATION RESULTS IN THE MAIMING  OR  TORTURING  OF
THE  ANIMAL  THAT  CAUSES SERIOUS PHYSICAL INJURY TO THE ANIMAL SHALL BE
GUILTY OF A CLASS E FELONY.
  (C) ANY PERSON WHO VIOLATES THE PROVISIONS OF PARAGRAPH  (A)  OF  THIS
SUBDIVISION  AND  WHO  HAS  PREVIOUSLY  BEEN  CONVICTED OF VIOLATING THE
PROVISIONS OF SUCH PARAGRAPH SHALL BE GUILTY OF A CLASS E FELONY.
  (D) ANY PERSON WHO VIOLATES THE PROVISIONS OF PARAGRAPH  (B)  OF  THIS
SUBDIVISION  AND  WHO  HAS  PREVIOUSLY  BEEN  CONVICTED OF VIOLATING THE
PROVISIONS OF SUCH PARAGRAPH SHALL BE GUILTY OF A CLASS D FELONY.
  2. [The provisions of this section shall  not  apply  to  any  dog  or
person  who  is  the  owner  or possessor of any dog whose ear or a part
thereof has been clipped or cut off prior to September  first,  nineteen
hundred twenty-nine.
  3.]  Each  applicant  for a dog license must state on such application
whether any ear of the dog for which he OR SHE applies for such  license
has been cut off wholly or in part.

A. 592                              9

  [4.]  3. Nothing herein contained shall be construed as preventing any
dog whose ear or ears shall have been clipped or cut off  wholly  or  in
part,  not  in  violation  of this section, from being imported into the
state exclusively for breeding purposes.
  S 10. Subdivision 1 of section 160.10 of the criminal procedure law is
amended by adding a new paragraph (b-1) to read as follows:
  (B-1)  A  MISDEMEANOR  DEFINED IN SECTION THREE HUNDRED FIFTY-THREE OF
THE AGRICULTURE AND MARKETS LAW; OR
  S 11. This act shall take effect on the ninetieth day after  it  shall
have become a law.