S T A T E   O F   N E W   Y O R K
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                                  5115

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               May 1, 2015
                               ___________

Introduced  by  Sen.  LANZA  -- 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  penal-
  ties for those committing multiple animal cruelty offenses

  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, 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) 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 OR  (B)  WHEN  HE  OR  SHE
COMMITS  AN  OFFENSE  DESCRIBED  IN SECTION THREE HUNDRED FIFTY-THREE OF
THIS ARTICLE AND HAS BEEN PREVIOUSLY CONVICTED OF AN OFFENSE UNDER  SUCH
SECTION WITHIN THE PAST TEN YEARS. For purposes of this section, "aggra-
vated  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. 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 this article.
  3. Aggravated cruelty to animals is a felony. A defendant convicted of
this offense shall be [sentenced pursuant to paragraph (b)  of  subdivi-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09329-01-5
              

S. 5115                             2

sion  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] GUILTY OF A CLASS E
FELONY;  A  DEFENDANT  CONVICTED  OF  AN  OFFENSE UNDER PARAGRAPH (A) OF
SUBDIVISION ONE OF THIS SECTION WHO HAS PREVIOUSLY BEEN CONVICTED OF  AN
OFFENSE UNDER SECTION THREE HUNDRED FIFTY-THREE OF THIS ARTICLE SHALL BE
GUILTY  OF  A  CLASS D FELONY; A DEFENDANT CONVICTED OF THIS OFFENSE WHO
HAS PREVIOUSLY BEEN CONVICTED OF AN OFFENSE UNDER THIS SECTION SHALL  BE
GUILTY OF A CLASS C FELONY.
  S 2. This act shall take effect immediately.