NY State Senate Bill 2021-S7302

Senate Bill S7302

2021-2022 Legislative Session

Increases the penalty for multiple convictions of torturing or failing to provide sustenance to an animal

download bill text pdf

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
Jul 23, 2021	referred to rules

2021-S7302 (ACTIVE) - Details

See Assembly Version of this Bill:: A5039
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §353, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A6536
2015-2016: A1412
2017-2018: A95
2019-2020: A299
2023-2024: A1650

2021-S7302 (ACTIVE) - Summary

Increases the penalty for multiple convictions of torturing, killing or failing to provide sustenance to an animal to a felony, if convicted within five years from the date of a prior conviction.

2021-S7302 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7302

SPONSOR: KAMINSKY
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To prevent animal abuse by raising the penalty for subsequent acts of
cruelty which occur within five years of a conviction of this section to
an E felony when such cruelty is perpetrated against an animal.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the opening paragraph of section three hundred
fifty-three of the agriculture and markets law by adding language that
would make any violation of this section within five years from the date
of a prior conviction of any violation of this section a felony. A

defendant convicted of this offense shall be sentenced pursuant to para-
graph b of subdivision one of section imprisonment imposed for a
violation of this section shall be a definite sentence, which may not
exceed two years.

Section two defines the effective date as the first of December follow-
ing the enactment date.

 
JUSTIFICATION:

Preventing those who abuse animals from committing similar acts in the
future is one of the purposes of New York's cruelty laws. Raising the
penalty to a felony for subsequent acts of cruelty that occur within-
five years of a conviction will help law enforcement curb such activ-
ities and allow for the imposition lengthier periods of court super-
vision or imprisonment, as deemed appropriate. Moreover, cruelty toward
animals has been linked to future violence toward human victims, partic-
ularly vulnerable people such as domestic partners and children. Treat-
ing repeat offenses of animal cruelty as felonies is consistent with the
goal of preventing future violence toward human-and animal victims.

 
LEGISLATIVE HISTORY:

2018: S299 (MURPHY), passed Senate.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
The first of December following the date of enactment.

2021-S7302 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7302
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               July 23, 2021
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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
 OF IMPRISONMENT IMPOSED FOR A VIOLATION OF THIS SECTION SHALL BE A DEFI-
 NITE SENTENCE, WHICH MAY NOT EXCEED TWO YEARS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01811-01-1

 S. 7302                             2
 
   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.

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