S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5039
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 10, 2021
                                ___________
 
 Introduced  by  M.  of  A. PAULIN, L. ROSENTHAL, GUNTHER, COLTON, GALEF,
   NORRIS -- Multi-Sponsored by -- M. of  A.  ABBATE,  CUSICK,  DINOWITZ,
   GLICK,  RA, THIELE -- read once and referred to the Committee on Agri-
   culture
 
 AN ACT to amend the agriculture and markets law, in relation to increas-
   ing the penalty for multiple convictions of torturing  or  failing  to
   provide sustenance to an animal
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 353 of the agriculture and markets law, as  amended
 by  chapter 458 of the laws of 1985 and the opening paragraph as amended
 by chapter 523 of the laws of 2005, is amended to read as follows:
   § 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  or  to
 another,  or deprives any animal of necessary sustenance, food or drink,
 or neglects or refuses to furnish it such sustenance or drink, or  caus-
 es,  procures  or  permits  any  animal  to  be  overdriven, overloaded,
 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.
   2.  A  SECOND VIOLATION OF SUBDIVISION ONE OF THIS SECTION WITHIN FIVE
 YEARS FROM THE DATE OF A PRIOR CONVICTION OF ANY VIOLATION  OF  SUBDIVI-
 SION  ONE  OF  THIS SECTION, SHALL BE A 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01811-01-1

 A. 5039                             2
 
 OF IMPRISONMENT IMPOSED FOR A VIOLATION OF THIS SECTION SHALL BE A DEFI-
 NITE SENTENCE, WHICH MAY NOT EXCEED TWO YEARS.
   3.  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  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.
   § 2. This act shall take effect on the first of December next succeed-
 ing the date on which it shall have become a law.