Assembly Bill A3038B

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3038
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 24, 2017
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- read once and referred 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. This act shall be known and may  be  cited  as  "Kirby  and
 Quigley's Law."
   §  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[,]: EITHER
   (A)  with  no  justifiable  purpose,  he or she intentionally kills or
 intentionally causes serious physical injury , AS DEFINED IN SUBDIVISION
 TWENTY-NINE OF SECTION ONE HUNDRED EIGHT OF THIS CHAPTER, 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, AS DEFINED IN SUBDIVISION
 TWENTY-EIGHT OF SECTION ONE HUNDRED EIGHT OF THIS CHAPTER, 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.
   § 3. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06410-01-7



              

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3038--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 24, 2017
                                ___________
 
 Introduced  by M. of A. SANTABARBARA, WALSH, RA, LUPARDO, MURRAY, BYRNE,
   McDONOUGH, ROSENTHAL, RIVERA, LAVINE, ABBATE, JAFFEE, GLICK,  BRONSON,
   STIRPE,  COLTON, SEAWRIGHT, M. G. MILLER, PRETLOW, JOHNS, BLAKE, HUNT-
   ER, PICHARDO, THIELE,  CUSICK,  DAVILA,  ENGLEBRIGHT,  MAGEE,  KEARNS,
   GJONAJ,  TITONE,  JENNE,  COOK,  D'URSO,  ORTIZ, OTIS, WEPRIN, PAULIN,
   HIKIND, HARRIS, GUNTHER, GALEF, MOYA, SEPULVEDA,  SKOUFIS,  BENEDETTO,
   ERRIGO,  WALTER,  STEC,  B. MILLER,  BLANKENBUSH,  NORRIS,  MORINELLO,
   LAWRENCE, MONTESANO, McLAUGHLIN, GARBARINO, GIGLIO,  BRABENEC,  LOPEZ,
   CASTORINA,  FINCH,  RAIA,  CROUCH,  LUPINACCI, MOSLEY, PALUMBO, JONES,
   HAWLEY, M. L. MILLER, MALLIOTAKIS, DiPIETRO, FITZPATRICK, LALOR, OAKS,
   BARCLAY, PALMESANO, CURRAN, BARRETT, LIFTON,  FAHY,  HEVESI,  DICKENS,
   BARNWELL,  BUCHWALD, TITUS, WILLIAMS, KOLB, McKEVITT, BRINDISI, DINOW-
   ITZ, HOOPER, RODRIGUEZ, VANEL  --  Multi-Sponsored  by  --  M.  of  A.
   BUTLER,  DenDEKKER, FRIEND, McDONALD, PHEFFER AMATO, SIMON, SKARTADOS,
   WOERNER -- read once and referred to the Committee on  Agriculture  --
   reported   and  referred  to  the  Committee  on  Codes  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the agriculture and markets law, in relation  to  estab-
   lishing  a  cause  of  action  against  a person who has intentionally
   caused injury or death of a companion animal
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act  shall  be known and may be cited as "Kirby and
 Quigley's Law."
   § 2. The agriculture and markets  law  is  amended  by  adding  a  new
 section 353-g to read as follows:
   §  353-G.  CIVIL  CAUSE  OF  ACTION FOR INJURY OR DEATH OF A COMPANION
 ANIMAL. 1. AN OWNER SHALL HAVE A CIVIL CAUSE OF ACTION AGAINST A  PERSON
 WHO  HAS  INTENTIONALLY  CAUSED  INJURY  OR  DEATH TO A COMPANION ANIMAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06410-02-7
              

 A. 3038--A                          2
 
 INCLUDING A VIOLATION OF SECTION  THREE  HUNDRED  FIFTY-THREE  OR  THREE
 HUNDRED FIFTY-THREE-A OF THIS ARTICLE.
   2. DAMAGES UNDER THIS SECTION SHALL BE RECOVERED IN AN ACTION IN TORT,
 COMMENCED  WITHIN  THREE  YEARS FROM THE DATE OF INJURY OR DEATH OF SUCH
 COMPANION ANIMAL. SUCH DAMAGES SHALL  INCLUDE,  WHERE  APPLICABLE:  FAIR
 MONETARY  VALUE  OF  THE  DECEASED COMPANION ANIMAL TO HIS OR HER OWNER;
 EXPENSES OF VETERINARY AND OTHER SPECIAL MEDICAL CARE REQUIRED; LOSS  OF
 THE  REASONABLY EXPECTED SOCIETY, COMPANIONSHIP, COMFORT, PROTECTION AND
 SERVICES OF THE DECEASED COMPANION ANIMAL TO HIS OR HER OWNER; AND OTHER
 REASONABLE DAMAGES RESULTING FROM THE INTENTIONAL ACTS OF THE DEFENDANT.
 SUCH DAMAGES MAY ALSO INCLUDE COURT COSTS AND ATTORNEY'S FEES.
   § 3. This act shall take effect immediately.