The New York State Senate

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

                                  1834

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 17, 2019
                               ___________

Introduced  by  M.  of A. SANTABARBARA, WALSH, RA, LUPARDO, BYRNE, McDO-
  NOUGH, L. ROSENTHAL, RIVERA, LAVINE, ABBATE, JAFFEE,  GLICK,  BRONSON,
  STIRPE,  COLTON, SEAWRIGHT, M. G. MILLER, PRETLOW, JOHNS, BLAKE, HUNT-
  ER, PICHARDO,  THIELE,  CUSICK,  DAVILA,  ENGLEBRIGHT,  COOK,  D'URSO,
  ORTIZ, OTIS, WEPRIN, PAULIN, GUNTHER, GALEF, BENEDETTO, STEC, B. MILL-
  ER,  BLANKENBUSH,  NORRIS,  MORINELLO, LAWRENCE, MONTESANO, GARBARINO,
  GIGLIO, BRABENEC, FINCH, RAIA, CROUCH, MOSLEY, PALUMBO, JONES, HAWLEY,
  M. L. MILLER,  MALLIOTAKIS,  DiPIETRO,  FITZPATRICK,  LALOR,  BARCLAY,
  PALMESANO, BARRETT, LIFTON, FAHY, HEVESI, DICKENS, BARNWELL, BUCHWALD,
  TITUS,  WILLIAMS,  KOLB,  DINOWITZ,  RODRIGUEZ,  VANEL,  RICHARDSON --
  Multi-Sponsored by --  M.  of  A.  DenDEKKER,  FRIEND,  PHEFFER AMATO,
  SIMON,  WOERNER -- read once and referred to the Committee on Agricul-
  ture

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 INTENTIONAL PHYSICAL INJURY, AS  DEFINED  IN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03625-01-9

A. 1834                             2

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.