Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2016 |
referred to agriculture |
May 01, 2015 |
referred to agriculture |
Senate Bill S5118
2015-2016 Legislative Session
Sponsored By
(R, C, IP, RFM) 24th Senate District
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
Actions
2015-S5118 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A5520
- Current Committee:
- Senate Agriculture
- Law Section:
- Agriculture and Markets Law
- Laws Affected:
- Amd §353-a, Ag & Mkts L
- Versions Introduced in Other Legislative Sessions:
-
2017-2018:
S6147, A5153
2019-2020: S1115, A5695
2021-2022: S4505, A6900
2023-2024: S3075, A5177
2015-S5118 (ACTIVE) - Sponsor Memo
BILL NUMBER:S5118 TITLE OF BILL: An act to amend the agriculture and markets law, in relation to penalties for intent to cause injury to an animal PURPOSE: The purpose of this bill is to create an additional means to establish the crime of aggravated cruelty to animals where a person injures or kills an animal due to behavior evincing a depraved indifference to the life of the animal. SUMMARY OF PROVISIONS: Section 1 amends § 353-a of the agriculture and markets law by adding an additional means to establish the crime of aggravated cruelty to animal where, under circumstances evincing a depraved indifference to the life of an animal, he or she recklessly engages in conduct which creates a grave risk of serious physical injury or death to the animal, and thereby causes serious physical injury or death to such animal. JUSTIFICATION: Because most cases have to be proven circumstantially, there are always issues with proving if the defendant possessed the intent to cause the injury. Just like with other criminal statutes, like Murder in the Second Degree, there should be different types of offenses relating to animal cruelty laws that take into account the defendant's mens rea at the time of the offense. Thus, instead of
2015-S5118 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5118 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 intent to cause injury to an animal THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. 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 OR (B) UNDER CIRCUMSTANCES EVINCING A DEPRAVED INDIF- FERENCE TO THE LIFE OF AN ANIMAL, HE OR SHE RECKLESSLY ENGAGES IN CONDUCT WHICH CREATES A GRAVE RISK OF SERIOUS PHYSICAL INJURY OR DEATH TO THE ANIMAL, AND THEREBY CAUSES SERIOUS PHYSICAL INJURY OR DEATH TO SUCH ANIMAL. 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. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09330-01-5
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