The New York State Senate

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

                                   95

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 4, 2017
                               ___________

Introduced  by  M.  of  A.  PAULIN,  ROSENTHAL,  GUNTHER, COLTON, GALEF,
  JAFFEE, ORTIZ -- Multi-Sponsored  by  --  M.  of  A.  ABBATE,  CURRAN,
  CUSICK,  DINOWITZ, GLICK, RA, SCHIMMINGER, THIELE, WRIGHT -- read once
  and referred to the Committee on Agriculture

AN ACT to amend the agriculture and markets law, in relation to increas-
  ing the penalty for multiple convictions of torturing  or  failing  to
  provide sustenance to an animal

  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 and the opening paragraph as amended
by chapter 523 of the laws of 2005, is amended to read as follows:
  § 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  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  caus-
es,  procures  or  permits  any  animal  to  be  overdriven, 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.
  2.  A  SECOND VIOLATION OF SUBDIVISION ONE OF THIS SECTION WITHIN FIVE
YEARS FROM THE DATE OF A PRIOR CONVICTION OF ANY VIOLATION  OF  SUBDIVI-
SION  ONE  OF  THIS SECTION, SHALL BE A FELONY. A DEFENDANT CONVICTED OF
THIS OFFENSE SHALL BE SENTENCED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD02228-01-7

A. 95                               2

ONE OF SECTION 55.10 OF THE PENAL LAW PROVIDED, HOWEVER, THAT  ANY  TERM
OF IMPRISONMENT IMPOSED FOR A VIOLATION OF THIS SECTION SHALL BE A DEFI-
NITE SENTENCE, WHICH MAY NOT EXCEED TWO YEARS.
  3.  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  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.
  § 2. This act shall take effect on the first of December next succeed-
ing the date on which it shall have become a law.