Senate Bill S5654

2025-2026 Legislative Session

Enhances penalties for aggravated cruelty to animals; allows aggravated animal abuse to be considered for bail

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Current Bill Status - In Senate Committee Agriculture Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 26, 2025	referred to agriculture

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2025-S5654 (ACTIVE) - Details

Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §§353 & 353-a, Ag & Mkts L; amd §§510.10, 530.20 & 530.40, CP L

2025-S5654 (ACTIVE) - Summary

Enhances penalties for aggravated cruelty to animals by making such offense a felony, including torture, beating, or killing of any animal; makes animal cruelty, including overdriving or depriving an animal of sustenance a felony when committed while released on recognizance for violating an order of protection; allows aggravated animal abuse to be considered for bail.

2025-S5654 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5654

SPONSOR: MURRAY
 
TITLE OF BILL:

An act to amend the agriculture and markets law, in regard to enhancing
penalties for aggravated animal abuse; and to amend the criminal proce-
dure law, in relation to allowing aggravated animal abuse to be consid-
ered for bail

 
SUMMARY OF PROVISIONS:

Sections 1 and 2 of the bill amends sections 353 and 353-a of the agri-
culture and markets law to elevate torturing, or unjustifiably injuring,
an animal from a class a misdemeanor to aggravated cruelty to animals, a
felony.

Section 2 of the bill also amends section 353-a of the agricultural and
markets law to include persons who abuse an animal while released on
recognizance for violating any order of protection under the definition
of aggravated cruelty to animals.

Sections 3, 4 and 5 of the bill amends the criminal procedure law to

make aggravated cruelty to animals bail-eligible.

Section 6 provides an effective date.

 
JUSTIFICATION:

This bill seeks to more appropriately align the penalties for aggravated
animal abuse with the seriousness of the crime. Respect for the dignity
of animals certainly justifies a felony charge for unjustifiably kill-
ing, maiming, or violently injuring them.

In addition, the bill broadens the definition of aggravated animal abuse
to include individuals who commit animal abuse while on recognizance for
violating an order of protection. All too often, violence towards
animals presages violence towards humans.  Individuals who violate an
order of protection have already demonstrated a disregard for the law
and the security of others.  Abusing an animal while on recognizance for
violating a protection order is a serious escalation of unlawful behav-
ior that should be addressed with more severe criminal penalties.

 
LEGISLATIVE HISTORY:.

New bill.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
Immediate.

2025-S5654 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5654
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2025
                                ___________
 
 Introduced  by  Sen.  MURRAY -- 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 regard to  enhancing
   penalties  for  aggravated  animal  abuse;  and  to amend the criminal
   procedure law, in relation to allowing aggravated animal abuse  to  be
   considered for bail
 
   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, 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;] AND  failure  to
 provide  proper  sustenance  FOR ANIMALS. A person who overdrives, over-
 loads, [tortures or cruelly beats or unjustifiably injures, maims, muti-
 lates or kills any animal, whether wild or tame, and  whether  belonging
 to  himself  or  to another,] or deprives any animal of necessary suste-
 nance, food or drink, or neglects or refuses to furnish it  such  suste-
 nance  or  drink,  or causes, procures or permits any animal to be over-
 driven, overloaded, 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.
   Nothing herein contained shall be construed to prohibit  or  interfere
 with  any  properly  conducted scientific tests, experiments or investi-
 gations, 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, includ-
 ing therein standards regarding the  care  and  treatment  of  any  such
 animals.  Such rules shall be published and copies thereof conspicuously

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10285-01-5
 S. 5654                             2
 
 posted in each such laboratory or institution. The state commissioner of
 health or [his] SUCH COMMISSIONER'S duly authorized representative shall
 have the power to inspect such laboratories or institutions to  [insure]
 ENSURE  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.  Subdivision  1  of 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:
   1.  A  person  is guilty of aggravated cruelty to animals when[,]: (A)
 with no justifiable purpose, [he or she intentionally  kills  or  inten-
 tionally  causes  serious  physical  injury  to  a companion animal 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 sadis-
 tic manner] SUCH PERSON  TORTURES  OR  CRUELLY  BEATS  OR  UNJUSTIFIABLY
 INJURES, MAIMS, MUTILATES OR KILLS ANY ANIMAL, WHETHER WILD OR TAME, AND
 WHETHER BELONGING TO SUCH PERSON OR TO ANOTHER; OR
   (B)  SUCH  PERSON  VIOLATES  SECTION THREE HUNDRED FIFTY-THREE OF THIS
 ARTICLE WHILE RELEASED  ON  RECOGNIZANCE  FOR  VIOLATING  ANY  ORDER  OF
 PROTECTION.
   §  3. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the
 criminal procedure law, paragraph (t) as amended and  paragraph  (u)  as
 added  by section 2 of subpart B of part UU of chapter 56 of the laws of
 2022, are amended and a new paragraph (v) is added to read as follows:
   (t) any felony or class A misdemeanor involving harm to  an  identifi-
 able  person  or  property,  or  any  charge of criminal possession of a
 firearm as defined in section 265.01-b of  the  penal  law,  where  such
 charge  arose from conduct occurring while the defendant was released on
 [his or her] SUCH PRINCIPAL'S own recognizance,  released  under  condi-
 tions,  or  had yet to be arraigned after the issuance of a desk appear-
 ance ticket for a separate felony or class A misdemeanor involving  harm
 to  an  identifiable  person  or  property,  or  any  charge of criminal
 possession of a firearm as defined in section 265.01-b of the penal law,
 provided, however, that the prosecutor must  show  reasonable  cause  to
 believe  that the defendant committed the instant crime and any underly-
 ing crime. For the purposes of this subparagraph, any of the  underlying
 crimes  need not be a qualifying offense as defined in this subdivision.
 For the purposes of this paragraph, "harm to an identifiable  person  or
 property"  shall  include  but  not  be limited to theft of or damage to
 property. However, based upon a review of the facts alleged in the accu-
 satory instrument, if the court determines that such theft is negligible
 and does not appear to be in furtherance of other criminal activity, the
 principal shall be released on [his or her] SUCH PRINCIPAL'S own  recog-
 nizance or under appropriate non-monetary conditions; [or]
   (u)  criminal possession of a weapon in the third degree as defined in
 subdivision three of section 265.02 of the penal law or criminal sale of
 a firearm to a minor as defined in section 265.16 of the  penal  law[.];
 OR
   (V)  AGGRAVATED CRUELTY TO ANIMALS AS DEFINED IN SECTION THREE HUNDRED
 FIFTY-THREE-A OF THE AGRICULTURE AND MARKETS LAW.
   § 4. Subparagraphs (xx) and (xxi) of paragraph b of subdivision  1  of
 section  530.20  of  the  criminal  procedure  law, subparagraph (xx) as
 amended and subparagraph (xxi) as added by section 4  of  subpart  C  of
 part  UU  of chapter 56 of the laws of 2022, are amended and a new para-
 graph (xxii) is added to read as follows:
 S. 5654                             3
 
   (xx) any felony or class A misdemeanor involving harm to an  identifi-
 able  person  or  property,  or  any  charge of criminal possession of a
 firearm as defined in section 265.01-b  of  the  penal  law  where  such
 charge  arose from conduct occurring while the defendant was released on
 [his  or  her]  SUCH PRINCIPAL'S own recognizance, released under condi-
 tions, or had yet to be arraigned after the issuance of a  desk  appear-
 ance  ticket for a separate felony or class A misdemeanor involving harm
 to an identifiable person  or  property,  provided,  however,  that  the
 prosecutor  must  show  reasonable  cause  to believe that the defendant
 committed the instant crime and any underlying crime. For  the  purposes
 of  this subparagraph, any of the underlying crimes need not be a quali-
 fying offense as defined in this subdivision. For the purposes  of  this
 paragraph,  "harm  to  an identifiable person or property" shall include
 but not be limited to theft of or damage  to  property.  However,  based
 upon  a review of the facts alleged in the accusatory instrument, if the
 court determines that such theft is negligible and does not appear to be
 in furtherance of  other  criminal  activity,  the  principal  shall  be
 released  on  [his  or  her]  SUCH PRINCIPAL'S own recognizance or under
 appropriate non-monetary conditions; [or]
   (xxi) criminal possession of a weapon in the third degree  as  defined
 in subdivision three of section 265.02 of the penal law or criminal sale
 of  a  firearm  to  a  minor  as  defined in section 265.16 of the penal
 law[.]; OR
   (XXII) AGGRAVATED CRUELTY TO  ANIMALS  AS  DEFINED  IN  SECTION  THREE
 HUNDRED FIFTY-THREE-A OF THE AGRICULTURE AND MARKETS LAW.
   §  5. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the
 criminal procedure law, paragraph (t) as amended and  paragraph  (u)  as
 added  by section 4 of subpart B of part UU of chapter 56 of the laws of
 2022, are amended and a new paragraph (v) is added to read as follows:
   (t) any felony or class A misdemeanor involving harm to  an  identifi-
 able  person  or  property,  or  any  charge of criminal possession of a
 firearm as defined in section 265.01-b of  the  penal  law,  where  such
 charge  arose from conduct occurring while the defendant was released on
 [his or her] SUCH PRINCIPAL'S own recognizance,  released  under  condi-
 tions,  or  had yet to be arraigned after the issuance of a desk appear-
 ance ticket for a separate felony or class A misdemeanor involving  harm
 to  an  identifiable  person  or  property,  or  any  charge of criminal
 possession of a firearm as defined in section 265.01-b of the penal law,
 provided, however, that the prosecutor must  show  reasonable  cause  to
 believe  that the defendant committed the instant crime and any underly-
 ing crime. For the purposes of this subparagraph, any of the  underlying
 crimes  need not be a qualifying offense as defined in this subdivision.
 For the purposes of this paragraph, "harm to an identifiable  person  or
 property"  shall  include  but  not  be limited to theft of or damage to
 property. However, based upon a review of the facts alleged in the accu-
 satory instrument, if the court determines that such theft is negligible
 and does not appear to be in furtherance of other criminal activity, the
 principal shall be released on [his or her] SUCH PRINCIPAL'S own  recog-
 nizance or under appropriate non-monetary conditions; [or]
   (u)  criminal possession of a weapon in the third degree as defined in
 subdivision three of section 265.02 of the penal law or criminal sale of
 a firearm to a minor as defined in section 265.16 of the  penal  law[.];
 OR
   (V)  AGGRAVATED CRUELTY TO ANIMALS AS DEFINED IN SECTION THREE HUNDRED
 FIFTY-THREE-A OF THE AGRICULTURE AND MARKETS LAW.
   § 6. This act shall take effect immediately.

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Senate Bill S5654

Sponsored By

Current Bill Status - In Senate Committee Agriculture Committee

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co-Sponsors

2025-S5654 (ACTIVE) - Details

2025-S5654 (ACTIVE) - Summary

2025-S5654 (ACTIVE) - Sponsor Memo

2025-S5654 (ACTIVE) - Bill Text download pdf

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Sponsored By

Current Bill Status - In Senate Committee Agriculture Committee

Actions

co-Sponsors

2025-S5654 (ACTIVE) - Details

2025-S5654 (ACTIVE) - Summary

2025-S5654 (ACTIVE) - Sponsor Memo

2025-S5654 (ACTIVE) - Bill Text download pdf

Comments