Assembly Bill A5039

2021-2022 Legislative Session

Increases the penalty for multiple convictions of torturing or failing to provide sustenance to an animal

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-A5039 (ACTIVE) - Details

See Senate Version of this Bill:
S7302
Current Committee:
Assembly Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §353, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:
2013-2014: A6536
2015-2016: A1412
2017-2018: A95
2019-2020: A299
2023-2024: A1650

2021-A5039 (ACTIVE) - Summary

Increases the penalty for multiple convictions of torturing, killing or failing to provide sustenance to an animal to a felony, if convicted within five years from the date of a prior conviction.

2021-A5039 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5039
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 10, 2021
                                ___________
 
 Introduced  by  M.  of  A. PAULIN, L. ROSENTHAL, GUNTHER, COLTON, GALEF,
   NORRIS -- Multi-Sponsored by -- M. of  A.  ABBATE,  CUSICK,  DINOWITZ,
   GLICK,  RA, THIELE -- read once and referred to the Committee on Agri-
   culture
 
 AN ACT to amend the agriculture and markets law, in relation to increas-
   ing the penalty for multiple convictions of torturing  or  failing  to
   provide sustenance to an animal
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 353 of the agriculture and markets law, as  amended
 by  chapter 458 of the laws of 1985 and the opening paragraph as amended
 by chapter 523 of the laws of 2005, is amended to read as follows:
   § 353. Overdriving, torturing and injuring animals; failure to provide
 proper sustenance. 1. A person who overdrives,  overloads,  tortures  or
 cruelly  beats  or  unjustifiably injures, maims, mutilates or kills any
 animal, whether wild or tame, and whether belonging  to  himself  or  to
 another,  or deprives any animal of necessary sustenance, food or drink,
 or neglects or refuses to furnish it such sustenance or drink, or  caus-
 es,  procures  or  permits  any  animal  to  be  overdriven, overloaded,
 tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or
 killed, or to be deprived of necessary food or drink,  or  who  wilfully
 sets  on foot, instigates, engages in, or in any way furthers any act of
 cruelty to any animal, or any act tending to produce  such  cruelty,  is
 guilty  of  a  class  A misdemeanor and for purposes of paragraph (b) of
 subdivision one of section 160.10 of the criminal procedure  law,  shall
 be treated as a misdemeanor defined in the penal law.
   2.  A  SECOND VIOLATION OF SUBDIVISION ONE OF THIS SECTION WITHIN FIVE
 YEARS FROM THE DATE OF A PRIOR CONVICTION OF ANY VIOLATION  OF  SUBDIVI-
 SION  ONE  OF  THIS SECTION, SHALL BE A FELONY. A DEFENDANT CONVICTED OF
 THIS OFFENSE SHALL BE SENTENCED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION
 ONE OF SECTION 55.10 OF THE PENAL LAW PROVIDED, HOWEVER, THAT  ANY  TERM
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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