NY State Senate Bill 2015-S1270

Archive: Last 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to agriculture
Jan 09, 2015	referred to agriculture

2015-S1270 (ACTIVE) - Details

See Assembly Version of this Bill:: A957
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §353-a, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A6077
2011-2012: A1843
2013-2014: S4347, A238
2017-2018: S620, A5050
2019-2020: S5801, A663
2021-2022: S2176, A456
2023-2024: S460, A768

2015-S1270 (ACTIVE) - Summary

Includes wildlife animals as those subject to the animal cruelty provisions of the agriculture and markets law.

2015-S1270 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1270

TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to
aggravated cruelty to animals

PURPOSE OR GENERAL IDEA OF BILL:

This legislation would expand the existing aggravated cruelty law to
cover intentional acts of extreme cruelty to wildlife as well as
companion animals.

SUMMARY OF SPECIFIC PROVISIONS:

Subdivision 1 of section 353-a of the agriculture and markets law, is
amended to expand the existing aggravated cruelty law to cover
intentional acts of extreme cruelty to wildlife as defined in section
11-0103 of the environmental conservation law. Subdivision 2 of
section 353-a is amended to make it clear that nothing in the
legislation would interfere with sound agricultural Practices engaged
in pursuant to section 308 of the agriculture and markets law.

JUSTIFICATION:

This legislation will extend the coverage of the felony animal cruelty

law to cover wildlife. Since the passage of the felony animal cruelty
statute, there have been a number of egregious cases in which wild
animals have been captured and tortured. This bill would allow these
cases to be prosecuted under the felony animal cruelty statute. It is
important to note that in no way would this change affect the
lawful-hunting or trapping licensed by the Department of Environmental
Conservation or the exercise of activities deemed to be sound
agricultural practices.

The stringent standard of proof created by the "aggravating" factors
contained in the felony law which require proof of intent to cause
extreme physical pain, or that the conduct was especially depraved or
sadistic would remain unchanged, thereby ensuring that only the most
heinous cases of the mistreatment of wild animals are treated as
felony offenses.

PRIOR LEGISLATIVE HISTORY:

A.1843 of 2011-2012
A6077a of 2009-2010.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the 90th day after it shall have become
law.

2015-S1270 (ACTIVE) - Bill Text download pdf

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

                                  1270

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 9, 2015
                               ___________

Introduced  by  Sen.  BOYLE  -- 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  aggra-
  vated cruelty to animals

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

  Section 1. Subdivisions 1 and 2 of section 353-a  of  the  agriculture
and  markets  law,  as  added  by  chapter  118 of the laws of 1999, are
amended to read as follows:
  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  OR  WILDLIFE,  AS
DEFINED  IN  SUBDIVISION  SIX  OF  SECTION  11-0103 OF THE ENVIRONMENTAL
CONSERVATION LAW, OTHER THAN INSECTS,  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 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, ACTIVITIES DEEMED TO BE SOUND AGRICULTURAL PRACTICES PURSUANT
TO SECTION THREE HUNDRED EIGHT OF THIS CHAPTER, 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 prop-
erly conducted scientific tests, experiments, or investigations  involv-
ing 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.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02516-01-5

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Senate Bill S1270

Sponsored By

Archive: Last Bill Status - In Senate Committee Agriculture Committee

2015-S1270 (ACTIVE) - Details

2015-S1270 (ACTIVE) - Summary

2015-S1270 (ACTIVE) - Sponsor Memo

2015-S1270 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1270

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Sponsored By

Phil Boyle

Archive: Last Bill Status - In Senate Committee Agriculture Committee

2015-S1270 (ACTIVE) - Details

2015-S1270 (ACTIVE) - Summary

2015-S1270 (ACTIVE) - Sponsor Memo

2015-S1270 (ACTIVE) - Bill Text download pdf

Comments