NY State Senate Bill 2023-S96

Senate Bill S96

2023-2024 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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Current 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 03, 2024	referred to agriculture
Jan 04, 2023	referred to agriculture

co-Sponsors

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2023-S96 (ACTIVE) - Details

Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §353-a, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S5083
2013-2014: S2560
2015-2016: S2936
2017-2018: S1680
2019-2020: S186
2021-2022: S197

2023-S96 (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.

2023-S96 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S96

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 AGRICULTURE

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

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

06/05/18: S.1680A COMMITTEE 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

01/06/21: S.197 REFERRED TO AGRICULTURE
01/05/22: S.197 REFERRED TO AGRICULTURE

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take immediately.

2023-S96 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    96
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced by Sens. TEDISCO, ADDABBO, BRESLIN, HELMING, KENNEDY, O'MARA,
   SANDERS,  SEPULVEDA,  WEIK -- 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.
                                                            LBD00293-01-3

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