The New York State Senate

                    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--B

                       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, L. ROSENTHAL, RIVERA, LAVINE, ABBATE, JAFFEE, GLICK,  BRON-
  SON,  STIRPE,  COLTON, SEAWRIGHT, M. G. MILLER, PRETLOW, JOHNS, BLAKE,
  HUNTER, PICHARDO, THIELE, CUSICK, DAVILA, ENGLEBRIGHT, MAGEE,  TITONE,
  JENNE,  COOK,  D'URSO,  ORTIZ,  OTIS, WEPRIN, PAULIN, HIKIND, GUNTHER,
  GALEF, SKOUFIS, BENEDETTO, ERRIGO, WALTER, STEC,  B. MILLER,  BLANKEN-
  BUSH,  NORRIS,  MORINELLO,  LAWRENCE,  MONTESANO,  GARBARINO,  GIGLIO,
  BRABENEC, CASTORINA, FINCH,  RAIA,  CROUCH,  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, BRINDISI, DINOWITZ, HOOPER,
  RODRIGUEZ, VANEL, RICHARDSON -- Multi-Sponsored by -- M. of A. BUTLER,
  DenDEKKER, FRIEND, McDONALD, PHEFFER AMATO,  SIMON,  WOERNER  --  read
  once  and  referred  to  the  Committee on Agriculture -- reported and
  referred to the Committee on Codes -- recommitted to the Committee  on
  Codes  in  accordance  with  Assembly  Rule  3,  sec.  2  -- 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  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

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

                                                           LBD06410-04-8

A. 3038--B                          2

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 INTENTIONAL 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.