The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1633
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2021
                                ___________
 
 Introduced  by  M.  of A. SANTABARBARA, WALSH, RA, LUPARDO, BYRNE, McDO-
   NOUGH,  L. ROSENTHAL,  J. RIVERA,  LAVINE,  ABBATE,  GLICK,   BRONSON,
   STIRPE,  COLTON, SEAWRIGHT, PRETLOW, HUNTER, PICHARDO, THIELE, CUSICK,
   DAVILA, ENGLEBRIGHT, COOK, OTIS, WEPRIN, PAULIN, GUNTHER, GALEF, BENE-
   DETTO,   B. MILLER,   BLANKENBUSH,   NORRIS,   MORINELLO,   MONTESANO,
   J. M. GIGLIO,  BRABENEC,  JONES,  HAWLEY, M. MILLER, DiPIETRO, FITZPA-
   TRICK, LALOR, BARCLAY,  PALMESANO,  BARRETT,  FAHY,  HEVESI,  DICKENS,
   BARNWELL,  WILLIAMS,  DINOWITZ, RODRIGUEZ, VANEL, RICHARDSON -- Multi-
   Sponsored by -- M. of A.   FRIEND, PHEFFER AMATO,  SIMON,  WOERNER  --
   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 INTENTIONAL PHYSICAL INJURY, AS DEFINED IN
 SUBDIVISION TWENTY-EIGHT OF SECTION ONE HUNDRED EIGHT OF  THIS  CHAPTER,
 OR DEATH TO A COMPANION ANIMAL.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03411-01-1

 A. 1633                             2
 
   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.