NY State Senate Bill S2176

Current Bill Status - In Senate Committee Agriculture Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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view actions (1)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 20, 2021	referred to agriculture

Co-Sponsors

S2176 (ACTIVE) - Details

See Assembly Version of this Bill:: A456
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §353-a, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A6077
2011-2012: A1843
2013-2014: S4347, A238
2015-2016: S1270, A957
2017-2018: S620, A5050
2019-2020: S5801, A663

S2176 (ACTIVE) - Summary

Includes wildlife animals as those subject to the animal cruelty provisions of the agriculture and markets law.

S2176 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S2176

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to aggra-
vated cruelty to animals

 
PURPOSE:

This bill expands the existing aggravated cruelty law to cover inten-
tional acts of extreme cruelty to wildlife as well as companion animals.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends Subdivision 1 of section 353-a of the agriculture and
markets law, is amended to expand the existing aggravated cruelty law to
cover intentional acts of extreme cruelty to wildlife as defined in
section 11-0103 of the environmental conservation law. Subdivision 2 of
section 353-a is amended to make it clear that nothing in the legis-
lation would interfere with sound agricultural practices engaged in

pursuant to section 308 of the agriculture and markets law.

Section two sets forth the effective date.

 
JUSTIFICATION:

This legislation will extend the coverage of the felony animal cruelty
law to cover wildlife. Since the passage of the felony animal cruelty
statute, there have been a number of egregious cases in which wild
animals have been captured and tortured. This bill would allow these
cases to be prosecuted under the felony animal cruelty statute. It is
important to note that in no way would this change affect the lawful-
hunting or trapping licensed by the Department of Environmental Conser-
vation or the exercise of activities deemed to be sound agricultural
practices.

The stringent standard of proof created by the "aggravating" factors
contained in the felony law -- that require proof of intent to cause
extreme physical pain or that the conduct was especially depraved or
sadistic would remain unchanged, thereby ensuring that only the most
heinous cases of the mistreatment of wild animals are treated as felony
offenses.

 
LEGISLATIVE HISTORY:

2019-20:A.663-Reported to Codes; S.5801 - Referred to Domestic Animal
Welfare 2017-18:A.5050 -Reported to Codes; S.620- Referred to Agricul-
ture 2015-16:A.957 -Reported to Codes; 5.1270- Referred to Agriculture
2013-14:A.238-Reported to Codes; S.4347- Referred to Agriculture
2011-12:A.1843-D- Reported to Codes 2009-10:A.6077-A-Reported to Codes;
S.5144 - Referred to Agriculture 2007-08:A.7870-A-Reported to Codes;
5.5206-A - Referred to Agriculture

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become law.

S2176 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2176
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2021
                                ___________
 
 Introduced  by Sens. SEPULVEDA, BOYLE -- read twice and ordered printed,
   and when printed to be committed to the Committee on Agriculture
 
 AN ACT to amend the agriculture and markets law, in relation  to  aggra-
   vated cruelty to animals
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1 and 2 of section 353-a  of  the  agriculture
 and  markets  law,  as  added  by  chapter  118 of the laws of 1999, are
 amended to read as follows:
   1. 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  OR  WILDLIFE,  AS
 DEFINED  IN  SUBDIVISION  SIX  OF  SECTION  11-0103 OF THE ENVIRONMENTAL
 CONSERVATION LAW, OTHER THAN INSECTS,  with  aggravated  cruelty.    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.
   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, ACTIVITIES DEEMED TO BE SOUND AGRICULTURAL PRACTICES PURSUANT
 TO SECTION THREE HUNDRED EIGHT OF THIS CHAPTER, 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 prop-
 erly conducted scientific tests, experiments, or investigations  involv-
 ing 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.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00347-01-1

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The New York State Senate

senate Bill S2176

Sponsored By

Current Bill Status - In Senate Committee Agriculture Committee

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Co-Sponsors

S2176 (ACTIVE) - Details

S2176 (ACTIVE) - Summary

S2176 (ACTIVE) - Sponsor Memo

S2176 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S2176

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Sponsored By

Luis R. Sepúlveda

Current Bill Status - In Senate Committee Agriculture Committee

Your Voice

Actions

Co-Sponsors

Phil Boyle

S2176 (ACTIVE) - Details

S2176 (ACTIVE) - Summary

S2176 (ACTIVE) - Sponsor Memo

S2176 (ACTIVE) - Bill Text download pdf

Comments