NY State Senate Bill 2025-S7395

Senate Bill S7395

2025-2026 Legislative Session

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

download bill text pdf

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
Apr 14, 2025	referred to agriculture

co-Sponsors

2025-S7395 (ACTIVE) - Details

See Assembly Version of this Bill:: A546
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
2021-2022: A5039
2023-2024: A1650

2025-S7395 (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.

2025-S7395 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7395

SPONSOR: SCARCELLA-SPANTON
 
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 the 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 Consonant with the
goal of preventing future violence toward human-and animal victims.

 
LEGISLATIVE HISTORY:

A1650 of 2023 and 2024, referred to agriculture. No Same as

A.5039 of 2021 and 2022, referred to agriculture. Same as S.7302 of 2021
and 2022, referred to agriculture.

 
FISCAL IMPLICATIONS:

None.

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

2025-S7395 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7395
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 14, 2025
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- 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 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]  SUCH
 PERSON  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 causes, procures or permits any animal to be overdriven, over-
 loaded,  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.
                                                            LBD02088-01-5
 S. 7395                             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]  IN THIS SECTION contained shall be construed to
 prohibit or interfere with  any  properly  conducted  scientific  tests,
 experiments  or  investigations,  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] SUCH  COMMISSION-
 ER'S 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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Senate Bill S7395

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Sponsored By

Jessica Scarcella-Spanton