Assembly Bill A9150

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9150
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 17, 2025
                                ___________
 
 Introduced by M. of A. BERGER -- read once and referred to the Committee
   on Agriculture
 
 AN  ACT  to  amend  the  penal law, the agriculture and markets law, the
   education law and the administrative code of the city of New York,  in
   relation  to the crime of aggravated cruelty to animals; and to repeal
   section 353-a of the agriculture and markets law relating thereto
 
   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 is
 REPEALED.
   § 2. The penal law is amended by adding a new article 243 to  read  as
 follows:
                                ARTICLE 243
                         OFFENSES AGAINST ANIMALS
 SECTION 243.00 DEFINITIONS.
         243.05 AGGRAVATED CRUELTY TO ANIMALS.
 § 243.00 DEFINITIONS.
   FOR PURPOSES OF THIS ARTICLE,
   1.  "AGGRAVATED  CRUELTY" SHALL MEAN CONDUCT WHICH: (A) IS INTENDED TO
 CAUSE EXTREME PHYSICAL PAIN; OR (B) IS DONE OR CARRIED OUT IN  AN  ESPE-
 CIALLY DEPRAVED OR SADISTIC MANNER.
   2.  "COMPANION  ANIMAL" SHALL MEAN ANY DOG OR CAT, AND SHALL ALSO MEAN
 ANY OTHER DOMESTICATED ANIMAL NORMALLY MAINTAINED IN OR NEAR THE  HOUSE-
 HOLD  OF  THE  OWNER  OR  PERSON  WHO  CARES FOR SUCH OTHER DOMESTICATED
 ANIMAL.  "COMPANION ANIMAL" SHALL NOT INCLUDE A "FARM ANIMAL" AS DEFINED
 IN THIS SECTION.
   3. "FARM ANIMAL" SHALL MEAN ANY UNGULATE, POULTRY, SPECIES OF  CATTLE,
 SHEEP,  SWINE,  GOATS, LLAMAS, HORSES OR FUR-BEARING ANIMALS, AS DEFINED
 IN SECTION 11-1907 OF THE  ENVIRONMENTAL  CONSERVATION  LAW,  WHICH  ARE
 RAISED  FOR COMMERCIAL OR SUBSISTENCE PURPOSES. FUR-BEARING ANIMAL SHALL
 NOT INCLUDE DOGS OR CATS.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13824-02-5
              

 A. 9150                             2
 
 § 243.05 AGGRAVATED CRUELTY TO ANIMALS.
   1.  A  PERSON IS GUILTY OF AGGRAVATED CRUELTY TO ANIMALS WHEN, WITH NO
 JUSTIFIABLE PURPOSE, SUCH PERSON INTENTIONALLY  KILLS  OR  INTENTIONALLY
 CAUSES  SERIOUS  PHYSICAL  INJURY  TO A COMPANION ANIMAL WITH AGGRAVATED
 CRUELTY.
   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 THE AGRICULTURE AND MARKETS LAW.
   3. AGGRAVATED CRUELTY TO ANIMALS IS A CLASS E FELONY.
   § 3. Paragraph (d) of subdivision 1 of section 70.02 of the penal law,
 as  amended  by  chapter  7  of  the laws of 2007, is amended to read as
 follows:
   (d) Class E violent felony offenses: an attempt to commit any  of  the
 felonies  of  criminal  possession  of  a  weapon in the third degree as
 defined in subdivision five, six, seven or eight of section 265.02 as  a
 lesser  included offense of that section as defined in section 220.20 of
 the criminal procedure  law,  persistent  sexual  abuse  as  defined  in
 section  130.53, aggravated sexual abuse in the fourth degree as defined
 in section 130.65-a, falsely reporting an incident in the second  degree
 as  defined  in  section 240.55 [and], placing a false bomb or hazardous
 substance in the second degree as defined in section 240.61, AND  AGGRA-
 VATED CRUELTY TO ANIMALS AS DEFINED IN SECTION 243.05.
   §  4.  Paragraph  a of subdivision 8 of section 374 of the agriculture
 and markets law, as amended by chapter 594 of the laws of  2003  and  as
 renumbered  by  chapter  479  of the laws of 2009, is amended to read as
 follows:
   a. In addition to any other penalty provided by law,  upon  conviction
 for  any  violation  of  section  three hundred fifty-one, three hundred
 fifty-three, [three hundred fifty-three-a,] three hundred fifty-three-b,
 three hundred fifty-five, three hundred fifty-six, three hundred  fifty-
 nine,  three  hundred  sixty,  three  hundred  sixty-one,  three hundred
 sixty-five or three hundred  sixty-eight  of  this  article  OR  SECTION
 243.05  OF  THE  PENAL  LAW, the convicted person may, after a duly held
 hearing pursuant to paragraph f of this subdivision, be ordered  by  the
 court  to  forfeit, to a duly incorporated society for the prevention of
 cruelty to animals or a duly incorporated humane society  or  authorized
 agents  thereof,  the  animal  or  animals  which  are  the basis of the
 conviction. Upon such an order of forfeiture, the convicted person shall
 be deemed to have relinquished all rights to the animals which  are  the
 basis  of  the  conviction,  except those granted in paragraph d of this
 subdivision.
   § 5. Paragraph (a) of subdivision 2 of section 6714 of  the  education
 law,  as  amended by chapter 546 of the laws of 2021, is amended to read
 as follows:
   (a) When a veterinarian reasonably and in good faith suspects  that  a
 companion  animal's injury, illness or condition is the result of animal
 cruelty in violation of section  three  hundred  fifty-one[,]  OR  three
 hundred  fifty-three [or three hundred fifty-three-a] of the agriculture
 A. 9150                             3
 
 and markets law OR SECTION 243.05 OF THE  PENAL  LAW,  the  veterinarian
 shall  report the incident and disclose records concerning the companion
 animal's condition and treatment to  any  officer  or  agent  authorized
 pursuant  to sections three hundred seventy-one and three hundred seven-
 ty-three of the agriculture and markets law to respond to  and  investi-
 gate  complaints  of animal cruelty.   The identity of such veterinarian
 making a report pursuant to this paragraph shall only be made  available
 to  an  officer  or  agent  authorized pursuant to section three hundred
 seventy-one or  three  hundred  seventy-three  of  the  agriculture  and
 markets law.
   §  6.  Paragraph 3 of subdivision a of section 17-1601 of the adminis-
 trative code of the city of New York, as amended by local law  number  4
 of  the  city  of  New  York  for  the  year 2014, is amended to read as
 follows:
   3. aggravated cruelty to animals, as defined in section [three hundred
 fifty-three-a] 243.05 of the [agriculture and markets] PENAL law;
   § 7. This act shall take effect immediately.