senate Bill S4347

2013-2014 Legislative Session

Includes wildlife animals as those subject to the animal cruelty provisions

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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 08, 2014 referred to agriculture
Mar 21, 2013 referred to agriculture

S4347 - Bill Details

See Assembly Version of this Bill:
A238
Current Committee:
Senate Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd ยง353-a, Ag & Mkts L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A1843D
2009-2010: A6077A

S4347 - Bill Texts

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Includes wildlife animals as those subject to the animal cruelty provisions of the agriculture and markets law.

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BILL NUMBER:S4347

TITLE OF BILL: An act to amend the agriculture and markets law, in
relation to aggravated cruelty to animals

PURPOSE OR GENERAL IDEA OF BILL: This legislation would expand the
existing aggravated cruelty law to cover intentional acts of extreme
cruelty to wildlife as well as companion animals.

SUMMARY OF SPECIFIC PROVISIONS: Subdivision 1 of section 353-a of the
agriculture and markets law, is amended to expand the existing
aggravated cruelty law to cover intentional acts of extreme cruelty to
wildlife as defined in section 11-0103 of the environmental
conservation law. Subdivision 2 of section 353-a is amended to make it
clear that nothing in the legislation would interfere with sound
agricultural Practices engaged in pursuant to section 308 of the
agriculture and markets law.

JUSTIFICATION: This legislation will extend the coverage of the felony
animal cruelty law to cover wildlife. Since the passage of the felony
animal cruelty statute, there have been a number of egregious cases in
which wild animals have been captured and tortured. This bill would
allow these cases to be prosecuted under the felony animal cruelty
statute. It is important to note that in no way would this change
affect the lawful-hunting or trapping licensed by the Department of
Environmental Conservation or the exercise of activities deemed to be
sound agricultural practices.

The stringent standard of proof created by the "aggravating" factors
contained in the felony law which require proof of intent to cause
extreme physical pain, or that the conduct was especially depraved or
sadistic would remain unchanged, thereby ensuring that only the most
heinous cases of the mistreatment of wild animals are treated as
felony offenses.

PRIOR LEGISLATIVE HISTORY: A.1843 of 2011-2012 A6077a of 2009-2010.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the 90th day after it
shall have become law.

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

                                  4347

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 21, 2013
                               ___________

Introduced  by  Sen.  BOYLE  -- 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. Subdivisions 1 and 2 of section 353-a  of  the  agriculture
and  markets  law,  as  added  by  chapter  118 of the laws of 1999, are
amended to read as follows:
  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  OR  WILDLIFE,  AS
DEFINED  IN  SUBDIVISION  SIX  OF  SECTION  11-0103 OF THE ENVIRONMENTAL
CONSERVATION LAW, OTHER THAN INSECTS,  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.
  2. Nothing contained in this section shall be construed to prohibit or
interfere in any way with anyone lawfully engaged in hunting,  trapping,
or fishing, as provided in article eleven of the environmental conserva-
tion  law, ACTIVITIES DEEMED TO BE SOUND AGRICULTURAL PRACTICES PURSUANT
TO SECTION THREE HUNDRED EIGHT OF THIS CHAPTER, 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 prop-
erly conducted scientific tests, experiments, or investigations  involv-
ing 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.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02314-01-3

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