NY State Senate Bill 2021-S197

Senate Bill S197

2021-2022 Legislative Session

Expands the definition of aggravated cruelty to animals to include harm to a companion animal during the commission of a felony

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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 05, 2022	referred to agriculture
Jan 06, 2021	referred to agriculture

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2021-S197 (ACTIVE) - Details

See Assembly Version of this Bill:: A1633
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: A10541
2011-2012: S5083, A1632
2013-2014: S2560, A4517
2015-2016: S2936, A1596
2017-2018: S1680, A3038
2019-2020: S186, A1834
2023-2024: S96

2021-S197 (ACTIVE) - Summary

Enacts "Kirby and Quigley's Law"; expands the definition of aggravated cruelty to animals to include harm to a companion animal during the commission of a felony.

2021-S197 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S197

SPONSOR: TEDISCO
 
TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to expand-
ing the definition of aggravated cruelty to animals to include harm to
animals during the commission of a felony

 
PURPOSE:

To enhance laws relating to animal cruelty by including harm caused
during the commission of a felony or flight there from.

 
SUMMARY OF PROVISIONS:

This act shall be known and may be cited as "Kirby & Quigley's Law."
Subdivision 1 of section 353-a of the agriculture and markets law, is
amended to criminalize the intentional physical injury or death of a
companion animal that is caused during the course of commission of a
felony or the immediate flight there from.

 
JUSTIFICATION:

On the evening of February 17th, 2016, Denise Krohn returned to her
Florida home in Montgomery County, after being out for two hours, to
find her house was broken into and she experienced the horror of seeing
her family's two beloved Goldendoodle dogs, "Kirby" and "Quigley," lying
on the floor in pools of blood from gunshot wounds.

In recent years, cases of drug traffickers cutting open the bellies of
puppies to transport liquid heroin into this country opened our eyes to
the depths criminals will sink to accomplish their criminal enterprises.
Although the current definition of aggravated cruelty to animals will
most likely apply to the actions of these depraved individuals, we
cannot ignore the potential harm to other innocent animals misused or
even killed in the commission of felonies.

Furthermore, in their total disregard for the lives of pets, arsonists
and burglars often perpetrate horrendous acts of cruelty to human
victims by not only destroying or stealing property, but also by harming
their beloved animals that are either left to perish in flames or harmed
by other means in their attempt to protect their masters from intruders.

This bill enhances aggravated cruelty to animals statute by including
specific provisions related to criminal activity, thus allowing society
to hold criminals responsible for the full extent of the harm they
cause.

 
LEGISLATIVE HISTORY:

01/30/15: S.2936 REFERRED TO AGRICULTURE

05/12/15: S.2936Passed Senate died in assembly

01/06/16: S.2936 Referred to agriculture

03/07/16: S.2936 PASSED SENATE

01/10/17: S.1680 REFERRED TO AGRICULTURE

01/17/17: S.1680 COMMITTEE DISCHARGED AND COMMITTED TO RULES

01/17/17: S.1680 ORDERED TO THIRD READING CAL. 41

01/30/17: S.1680 PASSED SENATE

01/30/17: S.1680 DELIVERED TO ASSEMBLY

01/30/17: S.1680 referred to agriculture

01/03/18: S.1680 died in assembly

01/03/18: S.1680 returned to senate

01/03/18: S.1680 REFERRED TO AGRICULTURE

05/23/18: S.1680 AMEND AND RECOMMIT TO AGRICULTLURE

05/23/18: S.1680 PRINT NUMBER 1680A

06/05/18: S.1680A REPORTED AND COMMITTED TO RULES

06/05/18: S.1680A COMMITTE DISCHARGED AND COMMITTED TO RULES

06/06/18: S.1680A ORDERED TO THIRD READING CAL.1531

06/06/18: S.1680A PASSED SENATE

06/06/18: S.1680A DELIVERED TO ASSEMBLY

06/06/18: S.1680A referred to codes

06/06/18: S.1680A referred to codes

01/09/19: S.186 REFERRED TO AGRICULTURE

02/11/19: S.186 COMMITTEE DISCHARGED AND COMMITTED TO DOMESTIC ANIMAL
WELFARE

05/22/19: S.186 1ST REPORT CAL.889

05/29/19: S.186 2ND REPORT CAL.

05/30/19: S.186 ADVANCED TO THIRD READING

06/20/19: S.186 COMMITTED TO RULES

01/08/20: S.186 REFERRED TO DOMESTIC ANIMAL WELFARE

02/03/20: S.186 1ST REPORT CAL.323

02/04/20: S.186 2ND REPORT CAL.

02/05/20: S.186 ADVANCED TO THIRD READING

 
FISCAL IMPLICATIONS:
None

 
EFFECTIVE DATE:
This act shall take immediately.

2021-S197 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    197
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  TEDISCO, ADDABBO, AKSHAR, BOYLE, BRESLIN, BROOKS,
   HELMING, KENNEDY, O'MARA, RITCHIE, SANDERS, SEPULVEDA  --  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 expand-
   ing the definition of aggravated cruelty to animals to include harm to
   animals during the commission of a felony
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act  shall  be known and may be cited as "Kirby and
 Quigley's Law".
   § 2. 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[,]: EITHER
   (A) with no justifiable purpose, he  or  she  intentionally  kills  or
 intentionally  causes serious physical injury, AS DEFINED IN SUBDIVISION
 TWENTY-NINE OF SECTION ONE HUNDRED EIGHT OF THIS CHAPTER, to a companion
 animal with aggravated cruelty[.]; OR
   (B) IN THE COURSE OF COMMISSION OF A FELONY, OR  OF  IMMEDIATE  FLIGHT
 THEREFROM,  HE  OR SHE CAUSES INTENTIONAL PHYSICAL INJURY, AS DEFINED IN
 SUBDIVISION TWENTY-EIGHT OF SECTION ONE HUNDRED EIGHT OF  THIS  CHAPTER,
 OR DEATH TO A COMPANION 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.
   § 3. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03411-01-1

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