S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5644
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2019
                                ___________
 
 Introduced  by  M.  of  A.  MALLIOTAKIS -- read once and referred to the
   Committee on Agriculture
 
 AN ACT to amend the agriculture and markets law, in relation  to  penal-
   ties for those committing multiple animal cruelty offenses
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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:
   §  353-a.  Aggravated cruelty to animals. 1. (A) 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 OR  (B)  WHEN  HE  OR  SHE
 COMMITS  AN  OFFENSE  DESCRIBED  IN SECTION THREE HUNDRED FIFTY-THREE OF
 THIS ARTICLE AND HAS BEEN PREVIOUSLY CONVICTED OF AN OFFENSE UNDER  SUCH
 SECTION WITHIN THE PAST TEN YEARS. For purposes of this section, "aggra-
 vated  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, 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  properly  conducted scientific
 tests, experiments,  or  investigations  involving  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.
   3. Aggravated cruelty to animals is a felony. A defendant convicted of
 this offense shall be [sentenced pursuant to paragraph (b)  of  subdivi-

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

                                                            LBD07344-01-9

 A. 5644                             2

 sion  one  of section 55.10 of the penal law provided, however, that any
 term of imprisonment imposed for violation of this section  shall  be  a
 definite  sentence,  which may not exceed two years] GUILTY OF A CLASS E
 FELONY;  A  DEFENDANT  CONVICTED  OF  AN  OFFENSE UNDER PARAGRAPH (A) OF
 SUBDIVISION ONE OF THIS SECTION WHO HAS PREVIOUSLY BEEN CONVICTED OF  AN
 OFFENSE UNDER SECTION THREE HUNDRED FIFTY-THREE OF THIS ARTICLE SHALL BE
 GUILTY  OF  A  CLASS D FELONY; A DEFENDANT CONVICTED OF THIS OFFENSE WHO
 HAS PREVIOUSLY BEEN CONVICTED OF AN OFFENSE UNDER THIS SECTION SHALL  BE
 GUILTY OF A CLASS C FELONY.
   § 2. This act shall take effect immediately.