S T A T E O F N E W Y O R K
________________________________________________________________________
546
2025-2026 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 8, 2025
___________
Introduced by M. of A. PAULIN, ROSENTHAL, COLTON -- Multi-Sponsored by
-- M. of A. DINOWITZ, GLICK, RA -- read once and referred to the
Committee on Agriculture
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] SUCH
PERSON 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 causes, procures or permits any animal to be overdriven, over-
loaded, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02088-01-5
A. 546 2
ONE OF SECTION 55.10 OF THE PENAL LAW PROVIDED, HOWEVER, THAT ANY TERM
OF IMPRISONMENT IMPOSED FOR A VIOLATION OF THIS SECTION SHALL BE A DEFI-
NITE SENTENCE, WHICH MAY NOT EXCEED TWO YEARS.
3. Nothing [herein] IN THIS SECTION contained shall be construed to
prohibit or interfere with any properly conducted scientific tests,
experiments or investigations, involving the use of living animals,
performed or conducted in laboratories or institutions, which are
approved for these purposes by the state commissioner of health. The
state commissioner of health shall prescribe the rules under which such
approvals shall be granted, including therein standards regarding the
care and treatment of any such animals. Such rules shall be published
and copies thereof conspicuously posted in each such laboratory or
institution. The state commissioner of health or [his] SUCH COMMISSION-
ER'S duly authorized representative shall have the power to inspect such
laboratories or institutions to insure compliance with such rules and
standards. Each such approval may be revoked at any time for failure to
comply with such rules and in any case the approval shall be limited to
a period not exceeding one year.
§ 2. This act shall take effect on the first of December next succeed-
ing the date on which it shall have become a law.