BILL NUMBER: S4505

SPONSOR: LANZA
 
TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to penal-
ties 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
              

agrave 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 requiring prosecution to prove
intent for the felony charge, this would allow them to find an aggravat-
ing factor where the conduct was not intentional, but reckless or
depraved.

 
LEGISLATIVE HISTORY:

2020: S.1115- Referred Agriculture to / A.5695 Referred to to Agricul-
ture

2019: S.1115- Referred to Agriculture A.5695/Referred to Agriculture

2018:S.6147 - Referred to Agriculture / A.5153 - Referred to Agriculture

2017:S.6147 - Referred to Agriculture / A.5153 - Referred to Agriculture
culture /

2016:S.5118 - Referred to Agriculture /A.5520 - Referred to Agriculture

2015:S.5118 - Referred to Agriculture / A.5520 - Referred to Agriculture

 
EFFECTIVE DATE:
Immediately.