NY State Senate Bill S4163

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Introduced
In Committee
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- Passed Senate
- Passed Assembly
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Signed/Vetoed by Governor

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Actions

view actions (2)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to agriculture
Feb 06, 2017	referred to agriculture

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S4163 (ACTIVE) - Details

See Assembly Version of this Bill:: A3844
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §353-a, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S4265, A6252
2019-2020: S2723, A757
2021-2022: S960, A2152
2023-2024: S761, A776

S4163 (ACTIVE) - Summary

Relates to aggravated cruelty to animals.

S4163 (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S4163

 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's, 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 :

2015-2016: S.4265/A.6252

 FISCAL IMPLICATIONS :

None

S4163 (ACTIVE) - Bill Text download pdf


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

                                  4163

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            February 6, 2017
                               ___________

Introduced  by  Sens. KRUEGER, ADDABBO, AVELLA, FUNKE, GOLDEN, HAMILTON,
  HOYLMAN, MURPHY, PERALTA, PERKINS, SERINO, SERRANO, STAVISKY  --  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.
  § 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05265-01-7

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Archive: Last Bill Status - In Senate Committee Agriculture Committee

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S4163 (ACTIVE) - Details

S4163 (ACTIVE) - Summary

S4163 (ACTIVE) - Sponsor Memo

S4163 (ACTIVE) - Bill Text download pdf

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Archive: Last Bill Status - In Senate Committee Agriculture Committee

Your Voice

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Co-Sponsors

S4163 (ACTIVE) - Details

S4163 (ACTIVE) - Summary

S4163 (ACTIVE) - Sponsor Memo

S4163 (ACTIVE) - Bill Text download pdf

Comments