S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    620
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen.  BOYLE  -- 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. Subdivisions 1 and 2 of section 353-a  of  the  agriculture
 and  markets  law,  as  added  by  chapter  118 of the laws of 1999, are
 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  OR  WILDLIFE,  AS
 DEFINED  IN  SUBDIVISION  SIX  OF  SECTION  11-0103 OF THE ENVIRONMENTAL
 CONSERVATION LAW, OTHER THAN INSECTS,  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. Nothing contained in this section shall be construed to prohibit or
 interfere in any way with anyone lawfully engaged in hunting,  trapping,
 or fishing, as provided in article eleven of the environmental conserva-
 tion  law, ACTIVITIES DEEMED TO BE SOUND AGRICULTURAL PRACTICES PURSUANT
 TO SECTION THREE HUNDRED EIGHT OF THIS CHAPTER, the dispatch of rabid or
 diseased animals, as provided in article twenty-one of the public health
 law, or the dispatch of animals posing a threat to human safety or other
 animals, where such action is otherwise legally authorized, or any prop-
 erly conducted scientific tests, experiments, or investigations  involv-
 ing the use of living animals, performed or conducted in laboratories or
 institutions  approved  for  such purposes by the commissioner of health
 pursuant to section three hundred fifty-three of this article.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.