S T A T E O F N E W Y O R K
________________________________________________________________________
2589
2013-2014 Regular Sessions
I N S E N A T E
January 22, 2013
___________
Introduced by Sen. GRISANTI -- 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 aggra-
vated cruelty to animals
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, 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. A person who overdrives[,] OR 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[,] OR
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.
Nothing herein contained shall be construed to prohibit or interfere
with any properly conducted scientific tests, experiments or investi-
gations, 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, includ-
ing therein standards regarding the care and treatment of any such
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05618-01-3
S. 2589 2
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. 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, with no
justifiable purpose, he or she [intentionally] TORTURES OR CRUELLY
BEATS, MAIMS, MUTILATES OR kills or [intentionally] causes serious phys-
ical injury to [a companion] ANY animal with aggravated cruelty. 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] WITH RECKLESS
DISREGARD FOR THE WELFARE OF THE ANIMAL.
S 3. This act shall take effect immediately.