Senate Bill S9399

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9399
 
                             I N  S E N A T E
 
                               March 9, 2026
                                ___________
 
 Introduced  by Sen. MARTINEZ -- 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 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09495-01-5
 S. 9399                             2
 
 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.