NY State Senate Bill S4265

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
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Actions

view actions (15)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 15, 2016	referred to agriculture delivered to assembly passed senate ordered to third reading cal.1763 committee discharged and committed to rules
Jan 06, 2016	referred to agriculture returned to senate died in assembly
Jun 03, 2015	referred to agriculture delivered to assembly passed senate
Apr 27, 2015	advanced to third reading
Apr 23, 2015	2nd report cal.
Apr 22, 2015	1st report cal.371
Mar 11, 2015	referred to agriculture

Votes

Co-Sponsors

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S4265 (ACTIVE) - Details

See Assembly Version of this Bill:: A6252
Current Committee:: Assembly Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §353-a, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S4163, A3844
2019-2020: S2723, A757
2021-2022: S960, A2152
2023-2024: S761, A776

S4265 (ACTIVE) - Summary

Relates to aggravated cruelty to animals.

S4265 (ACTIVE) - Sponsor Memo

BILL NUMBER:S4265

TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to
aggravated cruelty to animals

PURPOSE:

Removes the term "serious" from the "serious physical injury" language
of Section 353-a of the agriculture and markets law.

SUMMARY OF PROVISIONS:

Subdivision one of Section 353-a of the agriculture and markets law
would be amended, with the term "serious" in line 3 of subdivision one
struck, to read only as "...intentionally causes (serious) physical
injury to a companion animal...".

JUSTIFICATION:

In June 2014 on Staten Island, Rocky, an English bulldog, was the
victim of a terrible act of cruelty when a neighbor threw ammonia in
his face in an attempt to quiet his barking. By the time they brought
Rocky to the vet, he had ulcers in both his eyes and the vet wasn't
sure if he would ever see again. Thankfully, Rocky was able to make a

full recovery. Yet this recovery also gave the perpetrator a way out.
Due to the language of the felony animal cruelty statute, a charge
could not be sustained. The dog's recovery conflicted with the
prosecutor's interpretation of "serious physical injury". This meant
that because the dog survived and recovered 100%, the perpetrator
would be facing a lesser penalty. This is nothing new. The Times Union
reports that only 17% of those charged with felony aggravated cruelty
to animals end up in felony convictions (in New York State).  In this
case, the perpetrator was given conditional discharge after being
convicted of misdemeanor animal cruelty charges, and forced to pay
$1,000 to the ASPCA for the dog's medical treatment. Also, the
perpetrator may not go near Rocky, and may never be allowed to own a
dog again. It is evident the punishment does not fit the crime.
Eliminating the word "serious" from the statute would fix this, so if
a person's actions were intended to cause extreme physical pain or
conducted in an especially depraved or sadistic manner (language from
section 353-a of the Agriculture and Markets law), one would only have
to prove that the animal was killed or injured.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect immediately.

S4265 (ACTIVE) - Bill Text download pdf

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

                                  4265

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 11, 2015
                               ___________

Introduced  by  Sen. KRUEGER -- 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. 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 kills or intentionally
causes [serious] physical injury to a companion 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.
  S 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09753-01-5

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senate Bill S4265

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Archive: Last Bill Status - Passed Senate

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Votes

Jun 15, 2016 - floor Vote

Floor Vote: Jun 15, 2016

Jun 15, 2016 - Rules committee Vote

Rules Committee Vote: Jun 15, 2016

Jun 3, 2015 - floor Vote

Floor Vote: Jun 3, 2015

Apr 22, 2015 - Agriculture committee Vote

Agriculture Committee Vote: Apr 22, 2015

Co-Sponsors

S4265 (ACTIVE) - Details

S4265 (ACTIVE) - Summary

S4265 (ACTIVE) - Sponsor Memo

S4265 (ACTIVE) - Bill Text download pdf

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Archive: Last Bill Status - Passed Senate

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Votes

Jun 15, 2016 - floor Vote

Floor Vote: Jun 15, 2016

Jun 15, 2016 - Rules committee Vote

Rules Committee Vote: Jun 15, 2016

Jun 3, 2015 - floor Vote

Floor Vote: Jun 3, 2015

Apr 22, 2015 - Agriculture committee Vote

Agriculture Committee Vote: Apr 22, 2015

Co-Sponsors

S4265 (ACTIVE) - Details

S4265 (ACTIVE) - Summary

S4265 (ACTIVE) - Sponsor Memo

S4265 (ACTIVE) - Bill Text download pdf

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