S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1888

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2011
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Agriculture

AN ACT to amend the agriculture and markets law, in relation to  reclas-
  sifying certain criminal acts relating to the abuse of animals; and to
  amend  the  criminal  procedure  law, in relation to making conforming
  technical changes

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 351 of the agriculture and markets law, as added by
chapter 150 of the laws of 1984, subdivision 2 as amended by chapter 190
of  the  laws  of  2004 and subdivision 5 as added by chapter 308 of the
laws of 2008, is amended to read as follows:
  S 351. Prohibition of animal fighting. 1. DEFINITIONS. For purposes of
this section, the term "animal fighting" shall mean  any  fight  between
cocks  or  other  birds,  or  between  dogs,  bulls,  bears or any other
animals, or between any such animal and a person or persons,  except  in
exhibitions of a kind commonly featured at rodeos.
  2.  ANIMAL  FIGHTING; FIRST OFFENSE. (A) Any person who engages in any
of the following conduct is guilty of a CLASS E felony FOR  HIS  OR  HER
FIRST OFFENSE punishable by imprisonment for a period not to exceed four
years,  or  by  a fine not to exceed twenty-five thousand dollars, or by
both such fine and imprisonment:
  [(a)] (I) For amusement or gain, causes any animal to engage in animal
fighting; or
  [(b)] (II) Trains any animal under circumstances  evincing  an  intent
that such animal engage in animal fighting for amusement or gain; or
  [(c)]  (III) Breeds, sells or offers for sale any animal under circum-
stances evincing an intent that such animal engage in  animal  fighting;
or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01853-01-1

A. 1888                             2
              

  [(d)]  (IV)  Permits  any act described in [paragraph (a), (b) or (c)]
SUBPARAGRAPH (I), (II) OR (III) of this [subdivision] PARAGRAPH to occur
on premises under his OR HER control; or
  [(e)]  (V)  Owns,  possesses  or keeps any animal trained to engage in
animal fighting on premises where an exhibition of  animal  fighting  is
being  conducted under circumstances evincing an intent that such animal
engage in animal fighting.
  (B) IF ANY OF THE CONDUCT SPECIFIED IN PARAGRAPH (A) OF THIS  SUBDIVI-
SION  RESULTS  IN PHYSICAL INJURY, SERIOUS PHYSICAL INJURY, OR THE DEATH
OF THE ANIMAL, THE PERSON WHO ENGAGES IN SUCH CONDUCT SHALL BE GUILTY OF
A CLASS D FELONY.
  3. POSSESSION OF FIGHTING ANIMAL; FIRST OFFENSE. (a)  Any  person  who
engages  in  conduct  specified  in paragraph (b) of this subdivision is
guilty of a CLASS A misdemeanor and is punishable by imprisonment for  a
period  not to exceed one year, or by a fine not to exceed fifteen thou-
sand dollars, or by both such fine and imprisonment.
  (b) The owning, possessing or keeping  of  any  animal  under  circum-
stances evincing an intent that such animal engage in animal fighting.
  4.  ATTENDING  OR  WAGERING  ON  ANIMAL FIGHTS; FIRST OFFENSE. (a) Any
person who engages in conduct specified in  paragraph  (b)  [hereof]  OF
THIS SUBDIVISION is guilty of a CLASS A misdemeanor and is punishable by
imprisonment  for  a  period not to exceed one year, or by a fine not to
exceed one thousand dollars, or by both such fine and imprisonment.
  (b) The knowing presence as a spectator having paid an  admission  fee
or having made a wager at any place where an exhibition of animal fight-
ing is being conducted.
  5.  (a)  Any  person who engages in the conduct specified in paragraph
(b) of this subdivision is guilty of a violation punishable  by  a  fine
not  to  exceed  five  hundred  dollars.  Any  person who engages in the
conduct specified in paragraph (b) of this subdivision after having been
convicted within the previous five years of a violation of this subdivi-
sion or subdivision four of this section is guilty of a misdemeanor  and
is punishable by imprisonment for a period not to exceed one year, or by
a fine not to [exceeded] EXCEED one thousand dollars, or by both by such
fine and imprisonment.
  (b)  The knowing presence as a spectator at any place where an exhibi-
tion of animal fighting is being conducted.
  6. SECOND AND ADDITIONAL OFFENSES. (A) ANY PERSON WHO IS CONVICTED  OF
A  VIOLATION OF PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION AND HAS
PREVIOUSLY BEEN CONVICTED OF A VIOLATION  OF  SUCH  PARAGRAPH  SHALL  BE
GUILTY OF A CLASS D FELONY.
  (B)  ANY  PERSON  WHO  IS CONVICTED OF A VIOLATION OF PARAGRAPH (B) OF
SUBDIVISION TWO OF THIS SECTION AND WHO HAS PREVIOUSLY BEEN CONVICTED OF
A VIOLATION OF SUCH PARAGRAPH SHALL BE GUILTY OF A CLASS C FELONY.
  (C) ANY PERSON WHO IS CONVICTED OF A VIOLATION  OF  PARAGRAPH  (A)  OF
SUBDIVISION  TWO  OF  THIS SECTION AND WHO HAS PREVIOUSLY BEEN CONVICTED
TWO OR MORE TIMES OF A VIOLATION OF SUCH PARAGRAPH SHALL BE GUILTY OF  A
CLASS C FELONY.
  (D)  ANY  PERSON  WHO  IS CONVICTED OF A VIOLATION OF PARAGRAPH (B) OF
SUBDIVISION TWO OF THIS SECTION AND WHO HAS  PREVIOUSLY  BEEN  CONVICTED
TWO  OR MORE TIMES OF A VIOLATION OF SUCH PARAGRAPH SHALL BE GUILTY OF A
CLASS B FELONY.
  (E) ANY PERSON WHO IS CONVICTED OF A VIOLATION OF SUBDIVISION THREE OF
THIS SECTION AND HAS PREVIOUSLY BEEN CONVICTED OF A  VIOLATION  OF  SUCH
SUBDIVISION SHALL BE GUILTY OF A CLASS E FELONY.

A. 1888                             3

  (F)  ANY PERSON WHO IS CONVICTED OF A VIOLATION OF SUBDIVISION FOUR OF
THIS SECTION AND WHO HAS PREVIOUSLY BEEN CONVICTED  OF  A  VIOLATION  OF
SUCH SUBDIVISION SHALL BE GUILTY OF A CLASS E FELONY.
  S  2.  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:
  S 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, HERSELF,
or to another[, or] SHALL BE GUILTY OF A CLASS E FELONY.
  2. ANY PERSON WHO 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[,] OR 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].
  3. ANY PERSON WHO 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  OR  OVERLOADED,
AND  SUCH  ACT  RESULTS  IN  THE SERIOUS PHYSICAL INJURY OR DEATH OF THE
ANIMAL SHALL BE GUILTY OF A CLASS E FELONY.
  4. (A) ANY PERSON WHO IS CONVICTED OF A VIOLATION OF  SUBDIVISION  ONE
OF  THIS SECTION AND WHO HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION OF
SUCH SUBDIVISION SHALL BE GUILTY OF A CLASS D FELONY.
  (B) ANY PERSON WHO IS CONVICTED OF A VIOLATION OF SUBDIVISION  TWO  OF
THIS  SECTION  AND  WHO  HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION OF
SUCH SUBDIVISION SHALL BE GUILTY OF A CLASS E FELONY.
  (C) ANY PERSON WHO IS CONVICTED OF A VIOLATION OF SUBDIVISION THREE OF
THIS SECTION AND WHO HAS PREVIOUSLY BEEN CONVICTED  OF  A  VIOLATION  OF
SUCH SUBDIVISION SHALL BE GUILTY OF A CLASS D FELONY.
  5.  Nothing  herein contained shall be construed to prohibit or inter-
fere with any properly conducted scientific tests, experiments or inves-
tigations, 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 OR HER 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.
  S  3.  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:
  S 353-a. Aggravated cruelty to animals.  1.  A  person  is  guilty  of
aggravated  cruelty  to animals when, with no justifiable purpose, he or
she intentionally kills or intentionally causes serious physical  injury
to a companion animal with aggravated cruelty.

A. 1888                             4

  2.  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 sadistic manner.
  [2.]  3.  Nothing  contained  in  this  section  shall be construed to
prohibit or interfere in any way with anyone lawfully engaged  in  hunt-
ing, trapping, or fishing, as provided in article eleven of the environ-
mental  conservation  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 scien-
tific  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 this article.
  [3.]  4. Aggravated cruelty to animals is a CLASS E felony. [A defend-
ant 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 imprisonment imposed  for  violation  of  this
section shall be a definite sentence, which may not exceed two years.]
  5.  ANY  PERSON  WHO IS CONVICTED OF A VIOLATION OF SUBDIVISION ONE OF
THIS SECTION AND WHO HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION  UNDER
THIS SECTION SHALL BE GUILTY OF A CLASS D FELONY.
  S  4.  Section  353-b  of the agriculture and markets law, as added by
chapter 594 of the laws of 2003, is amended to read as follows:
  S 353-b. Appropriate shelter for dogs left outdoors. 1.  For  purposes
of this section:
  (a)  "Physical condition" shall include any special medical needs of a
dog due to disease, illness, injury, age or breed about which the  owner
or person with custody or control of the dog should reasonably be aware.
  (b)  "Inclement weather" shall mean weather conditions that are likely
to adversely affect the health or safety of the dog, including  but  not
limited to rain, sleet, ice, snow, wind, or extreme heat and cold.
  (c) "Dogs that are left outdoors" shall mean dogs that are outdoors in
inclement  weather  without  ready access to, or the ability to enter, a
house, apartment building,  office  building,  or  any  other  permanent
structure  that  complies with the standards enumerated in paragraph (b)
of subdivision [three] FIVE of this section.
  2. (a) Any person who owns or has custody or control of a dog that  is
left  outdoors  shall  provide it with shelter appropriate to its breed,
physical condition and the climate. Any person  who  knowingly  violates
the  provisions  of  this  [section]  SUBDIVISION  shall  be guilty of a
[violation, punishable by a fine of not less than fifty dollars nor more
than one hundred dollars for a first offense, and a  fine  of  not  less
than  one  hundred dollars nor more than two hundred fifty dollars for a
second and subsequent offenses.] CLASS B MISDEMEANOR.
  (B) ANY PERSON WHO VIOLATES THE PROVISIONS OF PARAGRAPH  (A)  OF  THIS
SUBDIVISION  WHERE  SUCH VIOLATION RESULTS IN THE PHYSICAL INJURY TO THE
ANIMAL SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
  (C) ANY PERSON WHO VIOLATES THE PROVISIONS OF PARAGRAPH  (A)  OF  THIS
SUBDIVISION  WHERE SUCH VIOLATION RESULTS IN THE SERIOUS PHYSICAL INJURY
OR DEATH OF THE ANIMAL SHALL BE GUILTY OF A CLASS E FELONY.
  (D) ANY PERSON WHO VIOLATES THE PROVISIONS OF PARAGRAPH  (A)  OF  THIS
SUBDIVISION  AND WHO HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION OF THE
PROVISIONS OF SUCH PARAGRAPH SHALL BE GUILTY OF A CLASS A MISDEMEANOR.

A. 1888                             5

  (E) ANY PERSON WHO VIOLATES THE PROVISIONS OF PARAGRAPH  (B)  OF  THIS
SUBDIVISION  AND WHO HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION OF THE
PROVISIONS OF SUCH PARAGRAPH SHALL BE GUILTY OF A CLASS E FELONY.
  (F)  ANY  PERSON  WHO VIOLATES THE PROVISIONS OF PARAGRAPH (C) OF THIS
SUBDIVISION AND WHO HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION OF  THE
PROVISIONS OF SUCH PARAGRAPH SHALL BE GUILTY OF A CLASS D FELONY.
  3.  Beginning  seventy-two  hours  after  a  charge  of violating this
section, each day that a defendant fails to correct the deficiencies  in
the  dog  shelter for a dog that he or she owns or that is in his or her
custody or control and that is left outdoors, so as  to  bring  it  into
compliance  with the provisions of this section shall constitute a sepa-
rate offense.
  [(b)] 4. The court may, in its discretion, reduce the  amount  of  any
fine  imposed  for  a  violation of this section by the amount which the
defendant proves he or she has spent providing a dog shelter or  repair-
ing an existing dog shelter so that it complies with the requirements of
this  section. Nothing in this [paragraph] SUBDIVISION shall prevent the
seizure of a dog for a violation of this section pursuant to the author-
ity granted in this article.
  [3.] 5. Minimum standards for determining whether shelter is appropri-
ate to a dog's breed, physical condition and the climate shall include:
  (a) For dogs that are restrained in  any  manner  outdoors,  shade  by
natural  or  artificial means to protect the dog from direct sunlight at
all times when exposure to sunlight is likely to threaten the health  of
the dog.
  (b)  For all dogs that are left outdoors in inclement weather, a hous-
ing facility, which must: (1) have a  waterproof  roof;  (2)  be  struc-
turally  sound  with insulation appropriate to local climatic conditions
and sufficient to  protect  the  dog  from  inclement  weather;  (3)  be
constructed  to  allow  each  dog  adequate  freedom of movement to make
normal postural adjustments, including the ability  to  stand  up,  turn
around  and  lie  down  with  its  limbs outstretched; and (4) allow for
effective removal of  excretions,  other  waste  material[;],  dirt  and
trash.  The  housing  facility  and  the area immediately surrounding it
shall be regularly cleaned to maintain a healthy and  sanitary  environ-
ment and to minimize health hazards.
  [4.]  6.  Inadequate shelter may be indicated by the appearance of the
housing facility itself, including but not limited to, size,  structural
soundness,  evidence  of crowding within the housing facility, healthful
environment in the area immediately surrounding such facility, or by the
appearance or physical condition of the dog.
  [5.] 7. Upon a finding of any violation of this section,  any  dog  or
dogs  seized  pursuant  to  the provisions of this article that have not
been voluntarily surrendered by the  owner  or  custodian  or  forfeited
pursuant to court order shall be returned to the owner or custodian only
upon proof that appropriate shelter as required by this section is being
provided.
  [6.]  8.  Nothing  in  this  section  shall be construed to affect any
protections afforded to dogs or other animals under any other provisions
of this article.
  S 5. Section 355 of the agriculture and markets  law,  as  amended  by
chapter 458 of the laws of 1985, is amended to read as follows:
  S 355. Abandonment  of animals. 1. A person being the owner or posses-
sor, or having charge or custody of an animal, who abandons such animal,
or leaves it to die in a street, road or public  place,  or  who  allows
such animal, if it [become] BECOMES disabled, to lie in a public street,

A. 1888                             6

road  or  public  place  more  than three hours after he OR SHE receives
notice that it is left disabled, is guilty of  a  CLASS  A  misdemeanor,
punishable  by  imprisonment for not more than one year, or by a fine of
not more than one thousand dollars, or by both.
  2.  (A)  A  PERSON  BEING  THE OWNER OR POSSESSOR, OR HAVING CHARGE OR
CUSTODY OF AN ANIMAL, WHO ABANDONS SUCH ANIMAL, OR LEAVES IT TO DIE IN A
STREET, ROAD OR PUBLIC PLACE, OR WHO ALLOWS SUCH ANIMAL, IF  IT  BECOMES
DISABLED,  TO  LIE  IN  A  PUBLIC STREET, ROAD OR PUBLIC PLACE MORE THAN
THREE HOURS AFTER HE OR SHE RECEIVES NOTICE THAT IT  IS  LEFT  DISABLED,
AND
  (B)  SUCH ACT OR FAILURE TO ACT RESULTS IN THE SERIOUS PHYSICAL INJURY
OR DEATH OF THE ANIMAL, IS GUILTY OF A CLASS E FELONY.
  3. (A) ANY PERSON WHO IS CONVICTED  OF  VIOLATING  THE  PROVISIONS  OF
SUBDIVISION ONE OF THIS SECTION AND WHO HAS PREVIOUSLY BEEN CONVICTED OF
A VIOLATION OF SUCH SUBDIVISION SHALL BE GUILTY OF A CLASS E FELONY.
  (B)  ANY PERSON WHO IS CONVICTED OF VIOLATING THE PROVISIONS OF SUBDI-
VISION TWO OF THIS SECTION AND WHO HAS PREVIOUSLY BEEN  CONVICTED  OF  A
VIOLATION OF SUCH SUBDIVISION SHALL BE GUILTY OF A CLASS D FELONY.
  S  6.  Section  356  of the agriculture and markets law, as amended by
chapter 458 of the laws of 1985, is amended to read as follows:
  S 356. Failure to provide  proper  food  and  drink  to  AN  impounded
animal.  1.  (A)  A person who, having impounded or confined any animal,
refuses or neglects to supply to such animal during  its  confinement  a
sufficient supply of good and wholesome air, food, shelter and water, is
guilty of a CLASS A misdemeanor, punishable by imprisonment for not more
than one year, or by a fine of not more than one thousand dollars, or by
both.
  (B)  ANY  PERSON  WHO VIOLATES THE PROVISIONS OF PARAGRAPH (A) OF THIS
SUBDIVISION AND SUCH VIOLATION RESULTS IN THE SERIOUS PHYSICAL INJURY OR
DEATH OF THE ANIMAL SHALL BE GUILTY OF A CLASS E FELONY.
  (C) ANY PERSON WHO VIOLATES THE PROVISIONS OF PARAGRAPH  (A)  OF  THIS
SUBDIVISION  AND  WHO  HAS  PREVIOUSLY  BEEN  CONVICTED OF VIOLATING THE
PROVISIONS OF SUCH PARAGRAPH SHALL BE GUILTY OF A CLASS E FELONY.
  (D) ANY PERSON WHO VIOLATES THE PROVISIONS OF PARAGRAPH  (B)  OF  THIS
SUBDIVISION  AND  WHO  HAS  PREVIOUSLY  BEEN  CONVICTED OF VIOLATING THE
PROVISIONS OF SUCH PARAGRAPH SHALL BE GUILTY OF A CLASS D FELONY.
  2. In case any animal shall be at any time impounded as aforesaid, and
shall continue to be without necessary food  and  water  for  more  than
twelve successive hours, it shall be lawful for any person, from time to
time,  and as often as it shall be necessary, to enter into and upon any
pound in which any such animal shall be so confined, and  to  supply  it
with  necessary  food and water, so long as it shall remain so confined;
such person shall not be liable [to] FOR any action for such entry,  and
the  reasonable cost of such food and water may be collected by him [of]
OR HER FROM the owner of such animal, and [the] said animal shall not be
exempt from levy and sale upon execution issued upon a  judgment  there-
for.
  S 7. Section 359 of the agriculture and markets law, as added by chap-
ter 1047 of the laws of 1965, subdivision 1 as amended by chapter 458 of
the  laws of 1985 and subdivision 2 as amended by chapter 84 of the laws
of 2001, is amended to read as follows:
  S 359. Carrying AN animal in a cruel  manner.  1.  (A)  A  person  who
carries  or  causes  to  be  carried in or upon any vessel or vehicle or
otherwise, any animal in a cruel or inhuman manner, or so as to  produce
torture,  is guilty of a CLASS A misdemeanor, punishable by imprisonment

A. 1888                             7

for not more than one year, or by a fine of not more than  one  thousand
dollars, or by both.
  (B)  ANY  PERSON  WHO VIOLATES THE PROVISIONS OF PARAGRAPH (A) OF THIS
SUBDIVISION AND SUCH VIOLATION RESULTS IN THE SERIOUS PHYSICAL INJURY OR
DEATH OF THE ANIMAL SHALL BE GUILTY OF A CLASS E FELONY.
  (C) ANY PERSON WHO VIOLATES THE PROVISIONS OF PARAGRAPH  (A)  OF  THIS
SUBDIVISION  AND  WHO  HAS  PREVIOUSLY  BEEN  CONVICTED OF VIOLATING THE
PROVISIONS OF SUCH PARAGRAPH SHALL BE GUILTY OF A CLASS E FELONY.
  (D) ANY PERSON WHO VIOLATES THE PROVISIONS OF PARAGRAPH  (B)  OF  THIS
SUBDIVISION  AND  WHO  HAS  PREVIOUSLY  BEEN  CONVICTED OF VIOLATING THE
PROVISIONS OF SUCH PARAGRAPH SHALL BE GUILTY OF A CLASS D FELONY.
  2. A railway corporation, or an owner, agent, consignee, or person  in
charge  of any horses, sheep, cattle, or swine, in the course of, or for
transportation, who confines, or  causes  or  suffers  the  same  to  be
confined,  in  cars  for  a  longer period than twenty-eight consecutive
hours, or thirty-six consecutive hours where consent  is  given  in  the
manner hereinafter provided, without unloading for rest, water and feed-
ing,  during five consecutive hours, unless prevented by storm or inevi-
table accident, is guilty of a CLASS A misdemeanor.  The  consent  which
will  extend  the  period from twenty-eight to thirty-six hours shall be
given by the owner, or by person in custody of a particular shipment, by
a writing separate and apart from any printed bill of  lading  or  other
railroad form. In estimating such confinement, the time during which the
animals  have been confined without rest, on connecting roads from which
they are received, must be computed.
  S 8. Section 360 of the agriculture and markets  law,  as  amended  by
chapter 458 of the laws of 1985, is amended to read as follows:
  S 360. Poisoning  or  attempting  to  poison  animals. 1. A person who
unjustifiably administers any poisonous or noxious drug or substance  to
[a horse, mule or domestic cattle or unjustifiably exposes any such drug
or  substance with intent that the same shall be taken by horse, mule or
by domestic cattle, whether such horse, mule or domestic cattle  be  the
property of himself or another,] ANY ANIMAL is guilty of a CLASS E felo-
ny.  [A  person  who  unjustifiably administers any poisonous or noxious
drug or substance to an animal, other than a  horse,  mule  or  domestic
cattle,  or unjustifiably exposes any such drug or substance with intent
that the same shall be taken by an animal other than a  horse,  mule  or
domestic  cattle,  whether  such  animal  be  the property of himself or
another, is guilty of a misdemeanor, punishable by imprisonment for  not
more  than one year, or by a fine of not more than one thousand dollars,
or by both.]
  2. ANY PERSON WHO VIOLATES THE PROVISIONS OF SUBDIVISION ONE  OF  THIS
SECTION  AND  SUCH  VIOLATION  RESULTS IN THE SERIOUS PHYSICAL INJURY OR
DEATH OF THE ANIMAL SHALL BE GUILTY OF A CLASS D FELONY.
  3. ANY PERSON WHO VIOLATES THE PROVISIONS OF SUBDIVISION ONE  OF  THIS
SECTION   AND  WHO  HAS  PREVIOUSLY  BEEN  CONVICTED  OF  VIOLATING  THE
PROVISIONS OF SUCH SUBDIVISION SHALL BE GUILTY OF A CLASS D FELONY.
  4. ANY PERSON WHO VIOLATES THE PROVISIONS OF SUBDIVISION TWO  OF  THIS
SECTION  AND  WHO  HAS  PREVIOUSLY BEEN CONVICTED OF A FELONY UNDER SUCH
SUBDIVISION SHALL BE GUILTY OF A CLASS C FELONY.
  S 9. Section 365 of the agriculture and markets  law,  as  amended  by
chapter 458 of the laws of 1985, is amended to read as follows:
  S 365. Clipping  or  cutting the ears of dogs. 1. (A) Whoever clips or
cuts off or causes or procures another to clip or cut off the  whole  or
any  part  of  an  ear  of any dog unless an anaesthetic shall have been
given to the dog and the operation performed by a licensed veterinarian,

A. 1888                             8

is guilty of a CLASS A misdemeanor, punishable by imprisonment  for  not
more  than one year, or a fine of not more than one thousand dollars, or
by both.
  (B)  ANY  PERSON  WHO VIOLATES THE PROVISIONS OF PARAGRAPH (A) OF THIS
SUBDIVISION AND SUCH VIOLATION RESULTS IN THE MAIMING  OR  TORTURING  OF
THE  ANIMAL  THAT  CAUSES SERIOUS PHYSICAL INJURY TO THE ANIMAL SHALL BE
GUILTY OF A CLASS E FELONY.
  (C) ANY PERSON WHO VIOLATES THE PROVISIONS OF PARAGRAPH  (A)  OF  THIS
SUBDIVISION  AND  WHO  HAS  PREVIOUSLY  BEEN  CONVICTED OF VIOLATING THE
PROVISIONS OF SUCH PARAGRAPH SHALL BE GUILTY OF A CLASS E FELONY.
  (D) ANY PERSON WHO VIOLATES THE PROVISIONS OF PARAGRAPH  (B)  OF  THIS
SUBDIVISION  AND  WHO  HAS  PREVIOUSLY  BEEN  CONVICTED OF VIOLATING THE
PROVISIONS OF SUCH PARAGRAPH SHALL BE GUILTY OF A CLASS D FELONY.
  2. [The provisions of this section shall  not  apply  to  any  dog  or
person  who  is  the  owner  or possessor of any dog whose ear or a part
thereof has been clipped or cut off prior to September  first,  nineteen
hundred twenty-nine.
  3.]  Each  applicant  for a dog license must state on such application
whether any ear of the dog for which he OR SHE applies for such  license
has been cut off wholly or in part.
  [4.]  3. Nothing herein contained shall be construed as preventing any
dog whose ear or ears shall have been clipped or cut off  wholly  or  in
part,  not  in  violation  of this section, from being imported into the
state exclusively for breeding purposes.
  S 10. Subdivision 1 of section 160.10 of the criminal procedure law is
amended by adding a new paragraph (b-1) to read as follows:
  (B-1) A MISDEMEANOR DEFINED IN SECTION THREE  HUNDRED  FIFTY-THREE  OF
THE AGRICULTURE AND MARKETS LAW; OR
  S  11.  This act shall take effect on the ninetieth day after it shall
have become a law.