S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3880
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2025
                                ___________
 
 Introduced  by  M.  of  A.  TANNOUSIS  --  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]  SUCH  PERSON  intentionally  kills or intentionally causes serious
 physical injury to a companion animal with  aggravated  cruelty  OR  (B)
 WHEN  SUCH  PERSON 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, "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,  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.
                                                            LBD04294-01-5
              

 A. 3880                             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.