NY State Senate Bill S299

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (16)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 06, 2018	referred to agriculture delivered to assembly passed senate
Mar 22, 2018	advanced to third reading
Mar 21, 2018	2nd report cal.
Mar 20, 2018	1st report cal.662
Jan 03, 2018	referred to agriculture returned to senate died in assembly
Jun 06, 2017	referred to agriculture delivered to assembly passed senate
May 15, 2017	advanced to third reading
May 10, 2017	2nd report cal.
May 09, 2017	1st report cal.774
Jan 04, 2017	referred to agriculture

Votes

view votes

Jun 6, 2018 - floor Vote

S299

floor

Aye

Nay

Absent

Excused

Abstained

Mar 20, 2018 - Agriculture committee Vote

S299

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jun 6, 2017 - floor Vote

S299

floor

Aye

Nay

Absent

Excused

Abstained

May 9, 2017 - Agriculture committee Vote

S299

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

S299 (ACTIVE) - Details

See Assembly Version of this Bill:: A95
Current Committee:: Assembly Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §353, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A6536
2015-2016: S3451, A1412
2019-2020: A299
2021-2022: A5039
2023-2024: A1650

S299 (ACTIVE) - Summary

Increases the penalty for multiple convictions of torturing, killing or failing to provide sustenance to an animal to a felony, if convicted within five years from the date of a prior conviction.

S299 (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S299

 TITLE OF BILL :

An act to amend the agriculture and markets law, in relation to
increasing the penalty for multiple convictions of torturing or
failing to provide sustenance to an animal

 PURPOSE OR GENERAL IDEA OF BILL :

To prevent animal abuse by raising the penalty for subsequent acts of
cruelty which occur within five years of a conviction of this section
to an E felony when such cruelty is perpetrated against an animal

 SUMMARY OF SPECIFIC PROVISIONS :

Section one amends the opening paragraph of section three hundred
fifty-three of the agriculture and markets law by adding language that
would make any violation of this section within five years from the
date of a prior conviction of any violation of this section a felony.
A defendant convicted of this offense shall be sentenced pursuant to
paragraph b of subdivision 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 definite sentence, which may not
exceed two years.

Section two defines the effective date as the first of December
following the enactment date.

 JUSTIFICATION :

Preventing those who abuse animals from committing similar acts in the
future is one of the purposes of New York's cruelty laws. Raising the
penalty to a felony for subsequent acts of cruelty that occur within
five years of a conviction will help law enforcement curb such
activities and allow for the imposition of lengthier periods of court
supervision or imprisonment, as deemed appropriate. Moreover, cruelty
toward animals has been linked to future violence toward human
victims, particularly vulnerable people such as domestic partners and
children. Treating repeat offenses of animal cruelty as felonies is
consonant with the goal of preventing future violence toward human and
animal victims.

 LEGISLATIVE HISTORY :

S.3451 Passed Senate in 2015 and 2016
S.1853 referred to Agriculture in 2011 and 2012.
S.4963-A referred to Agriculture in 2009 and 2010.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
The first of December following the date of enactment.

S299 (ACTIVE) - Bill Text download pdf


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

                                   299

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2017
                               ___________

Introduced  by  Sen.  MURPHY -- 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 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
ONE OF SECTION 55.10 OF THE PENAL LAW PROVIDED, HOWEVER, THAT  ANY  TERM

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

                                                           LBD02228-01-7

S. 299                              2

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.

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The New York State Senate

senate Bill S299

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

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Votes

Jun 6, 2018 - floor Vote

Floor Vote: Jun 6, 2018

Mar 20, 2018 - Agriculture committee Vote

Agriculture Committee Vote: Mar 20, 2018

Jun 6, 2017 - floor Vote

Floor Vote: Jun 6, 2017

May 9, 2017 - Agriculture committee Vote

Agriculture Committee Vote: May 9, 2017

Co-Sponsors

S299 (ACTIVE) - Details

S299 (ACTIVE) - Summary

S299 (ACTIVE) - Sponsor Memo

S299 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S299

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Sponsored By

Terrence Murphy

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 6, 2018 - floor Vote

Floor Vote: Jun 6, 2018

Mar 20, 2018 - Agriculture committee Vote

Agriculture Committee Vote: Mar 20, 2018

Jun 6, 2017 - floor Vote

Floor Vote: Jun 6, 2017

May 9, 2017 - Agriculture committee Vote

Agriculture Committee Vote: May 9, 2017

Co-Sponsors

Simcha Felder

Michael H. Ranzenhofer

S299 (ACTIVE) - Details

S299 (ACTIVE) - Summary

S299 (ACTIVE) - Sponsor Memo

S299 (ACTIVE) - Bill Text download pdf

Comments