Assembly Bill A6602

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6602
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 6, 2025
                                ___________
 
 Introduced by M. of A. LUNSFORD -- read once and referred to the Commit-
   tee on Agriculture
 
 AN  ACT  to amend the agriculture and markets law, in relation to estab-
   lishing the crime of endangering the welfare of a companion animal  or
   farm animal
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The agriculture and markets law is amended  by  adding  two
 new sections 387 and 388 to read as follows:
   § 387. ENDANGERING THE WELFARE OF A COMPANION ANIMAL OR FARM ANIMAL IN
 THE SECOND DEGREE. 1. A PERSON IS GUILTY OF ENDANGERING THE WELFARE OF A
 COMPANION  ANIMAL  OR  FARM ANIMAL IN THE SECOND DEGREE WHEN SUCH PERSON
 RECKLESSLY ENGAGES IN CONDUCT WHICH IS LIKELY TO CAUSE SUFFERING  OR  BE
 INJURIOUS  TO THE PHYSICAL WELFARE OF SUCH COMPANION OR FARM ANIMAL. THE
 FOLLOWING SHALL NOT BE CONSIDERED A VIOLATION OF THIS SECTION:
   (A) ACTIONS TAKEN BY THE OWNERS OF FARM ANIMALS  OR  THEIR  AGENTS  TO
 SLAUGHTER SUCH ANIMALS FOR COMMERCIAL OR SUBSISTENCE PURPOSES;
   (B)  ROUTINE  CARE  AND MAINTENANCE ACTIONS TAKEN BY THE OWNER OF FARM
 ANIMALS OR THEIR AGENTS WHICH ARE REASONABLY CONSIDERED  STANDARD  PRAC-
 TICES IN ANIMAL HUSBANDRY;
   (C)  PROCEDURES  AND OPERATIONS PERFORMED ON FARM ANIMALS OR COMPANION
 ANIMALS BY A DULY LICENSED VETERINARIAN; AND
   (D) RESEARCH OR TESTING  PROCEDURES  PERFORMED  WITHIN  FACILITIES  ON
 ANIMALS  USED  IN FOOD OR FIBER PRODUCTION, AGRICULTURE, RESEARCH, TEST-
 ING, OR EDUCATION, AS DEFINED UNDER SECTION THREE HUNDRED  SEVENTY-EIGHT
 OF THIS ARTICLE.
   2. ENDANGERING THE WELFARE OF A COMPANION ANIMAL OR FARM ANIMAL IN THE
 SECOND  DEGREE  IS  A CLASS A MISDEMEANOR. A DEFENDANT CONVICTED OF THIS
 OFFENSE SHALL BE SENTENCED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION  TWO
 OF  SECTION  55.10 OF THE PENAL LAW, PROVIDED, HOWEVER, THAT ANY TERM OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09495-01-5
 A. 6602                             2
              

 
 IMPRISONMENT IMPOSED FOR VIOLATION OF THIS SECTION SHALL BE  A  DEFINITE
 SENTENCE, WHICH MAY NOT EXCEED ONE YEAR.
   § 388. ENDANGERING THE WELFARE OF A COMPANION ANIMAL OR FARM ANIMAL IN
 THE  FIRST DEGREE. 1. A PERSON IS GUILTY OF ENDANGERING THE WELFARE OF A
 COMPANION ANIMAL OR FARM ANIMAL IN THE  FIRST  DEGREE  WHEN,  BEING  THE
 OWNER,  CARETAKER,  OR  HARBORER  OF  SUCH  COMPANION OR FARM ANIMAL AND
 WHETHER BELONGING TO THEMSELVES OR ANOTHER, SUCH PERSON:
   (A) WITH INTENT, ENGAGES IN CONDUCT WHICH CREATES OR  CAUSES  PHYSICAL
 INJURY TO A COMPANION ANIMAL OR FARM ANIMAL;
   (B) KNOWINGLY ACTS IN A MANNER LIKELY TO CAUSE SUFFERING OR BE INJURI-
 OUS TO THE PHYSICAL WELFARE OF A COMPANION ANIMAL OR FARM ANIMAL;
   (C)  RECKLESSLY CAUSES SUFFERING, PHYSICAL PAIN, OR DEATH TO A COMPAN-
 ION ANIMAL OR FARM ANIMAL; OR
   (D) WITH CRIMINAL NEGLIGENCE, CAUSES SERIOUS PHYSICAL INJURY OR  DEATH
 TO A COMPANION ANIMAL OR FARM ANIMAL.
   2. THE FOLLOWING SHALL NOT BE CONSIDERED A VIOLATION OF THIS SECTION:
   (A)  ACTIONS  TAKEN  BY  THE OWNERS OF FARM ANIMALS OR THEIR AGENTS TO
 SLAUGHTER SUCH ANIMALS FOR COMMERCIAL OR SUBSISTENCE PURPOSES;
   (B) ROUTINE CARE AND MAINTENANCE ACTIONS TAKEN BY THE  OWNER  OF  FARM
 ANIMALS  OR  THEIR AGENTS WHICH ARE REASONABLY CONSIDERED STANDARD PRAC-
 TICES IN ANIMAL HUSBANDRY;
   (C) PROCEDURES AND OPERATIONS PERFORMED ON FARM ANIMALS  OR  COMPANION
 ANIMALS BY A DULY LICENSED VETERINARIAN; AND
   (D)  RESEARCH  OR  TESTING  PROCEDURES  PERFORMED WITHIN FACILITIES ON
 ANIMALS USED IN FOOD OR FIBER PRODUCTION, AGRICULTURE,  RESEARCH,  TEST-
 ING,  OR EDUCATION, AS DEFINED UNDER SECTION THREE HUNDRED SEVENTY-EIGHT
 OF THIS ARTICLE.
   3. ENDANGERING THE WELFARE OF A COMPANION ANIMAL OR FARM ANIMAL IN THE
 FIRST DEGREE IS A CLASS E 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 OF IMPRI-
 SONMENT IMPOSED FOR VIOLATION  OF  THIS  SECTION  SHALL  BE  A  DEFINITE
 SENTENCE, WHICH MAY NOT EXCEED TWO YEARS.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.