Recodifies the animal cruelty laws from the agriculture and markets law to the penal law and reclassifies certain penalties within; repealer

Summary of specific provisions

Section 1 amends the penal law by adding a new article 236. The new article 236 reflects the revision of certain animal cruelty laws of article 26 of the agriculture and markets law and the recodification of these laws, as revised, by moving them, in their entirety, to the penal law. These changes to the animal cruelty laws of article 26 of the agriculture and markets law are as follows:

Paragraph (a) of subdivision 2 of section 351 would be amended so that a person who is convicted of animal fighting is guilty of a class E felony for his or her first offense. Paragraph (a) of subdivision 5 of section 351 would be added so that a person who is convicted of animal fighting under paragraph (a) of subdivision 2 who was previously convicted of such offense would be guilty of a class D felony. Paragraph (c) of subdivision 5 of section 351 would be added so that a person who is convicted of animal fighting under paragraph (a) of subdivision 2 who was previously convicted two or more times of such offense would be guilty of a class C felony.

Paragraph (b) of subdivision 2 of section 351 would be added so that if any of the conduct constituting animal fighting results in physical injury, serious physical injury or death of the animal, the person who engages in such conduct would be guilty of a class D felony for his or her first offense. Paragraph (b) of Subdivision 5 of section 351 would be added so that a person who is convicted of animal fighting under paragraph (b) of subdivision 2 who was previously convicted of such offense would be guilty of a class C felony. Paragraph (d) of subdivi- sion 5 of section 351 would be added so that a person who is convicted of animal fighting under paragraph (b) of subdivision 2 who was previ- ously convicted two or more times of such offense would be guilty of a class B felony.

Paragraph (a) of subdivision 3 of section 351 would be amended so that a person who is convicted of possession of a fighting animal is guilty of

a class A misdemeanor for his or her first offense. Paragraph (e) of subdivision 5 of section 351 would be added so that a person who is convicted of possession of a fighting animal under paragraph (a) of subdivision 3 who was previously convicted of such offense would be guilty of a class E felony.

Paragraph (a) of subdivision 4 of Section 351 would be amended so that a person who is convicted of attending or wagering on animal fights is guilty of a class A misdemeanor for his or her first offense. Paragraph (f) of subdivision 5 of Section 351 would be added so that a person who is convicted of attending or wagering on animal fights under paragraph (a) of subdivision 4 who was previously convicted of such offense would be guilty of a class E felony.

Subdivision 1 of Section 353 of the agriculture and markets law would be amended so that a person who is convicted of overdriving, torturing or injuring an animal is guilty of a class E felony for his or her first offense. Paragraph (a) of subdivision 4 of section 353 would be added so that a person who is convicted of overdriving, torturing or injuring an animal under subdivision 1 who was previously convicted of such offense would be guilty of a class D felony. Subdivision 2 of Section 353 would be amended so that a person who deprives any animal of necessary suste- nance, food or drink, or neglects or refuses to furnish it such suste- nance or drink, or causes an animal to be overdriven or in any way furthers any act of cruelty to any animal, would be guilty of a class A misdemeanor for his or her first offense. Paragraph (b) of subdivision 4 of Section 353 would be added so that a person who is convicted of depriving any animal of necessary sustenance, food or drink under subdi- vision 2 of section 353 who was previously convicted of such offense would be guilty of a class E felony. Subdivision 3 of Section 353 would be added so that a person who deprives any animal of necessary suste- nance, food or drink, among other things, would b e guilty of a class E felony for his or her first offense when such conduct results in the serious physical injury or death of an animal. Paragraph (c) of subdi- vision 4 of section 353 would be added so that a person who is convicted of depriving any animal of necessary sustenance, food or drink under subdivision 3 of Section 353 who was previously convicted of such offense would be guilty of a class D felony.

Section 160.10 of the criminal procedure law is amended by adding a new paragraph (b1). The new paragraph (b-1) would provide that a misdemeanor under section 353 of the agriculture and markets law will be a finger printable offense under the criminal procedure law. Under existing agri- culture and markets law, a violation of subdivision 2 of Section 353 is deemed a misdemeanor as defined in the penal law to make it a finger printable offense under paragraph (b) of subdivision 1 of section 160.10 of the criminal procedure law.

Subdivision 4 of section 353-a of the agriculture and markets law would be amended so that a person who is convicted of aggravated cruelty to animals would be guilty of a class E felony for his or her first offense. Subdivision 5 of Section 353-a would be added so that a person

who is convicted of aggravated cruelty to animals under subdivision one of section 353-a who was previously convicted of such offense would be guilty of a class D felony.

Paragraph (a) of subdivision 2 of section 353-b of the agriculture and markets law would be amended so that a person who is convicted of fail- ing to provide appropriate shelter for dogs left outdoors would be guil- ty of a class B misdemeanor for his or her first offense. Paragraph (d) of subdivision 2 of section 353-b would be added so that a person who fails to provide appropriate shelter for dogs left outdoors under para- graph (a) of subdivision 2 who was previously convicted of such offense would be guilty of a class A misdemeanor. Paragraph (b) of subdivision 2 of section 353-b would be added so that a person who fails to provide appropriate shelter for dogs left outdoors under paragraph (a) of subdi- vision 2 would be guilty of a class A misdemeanor when such violation results in physical injury to the animal for his or her first offense. Paragraph (e) of subdivision 2 of section 353-b would be added so that a person who fails to provide appropriate shelter for dogs left outdoors under paragraph (b) of subdivision 2 who was previously convicted of such offense would be guilty of a class E felony. Paragraph (c) of subdivision 2 of section 353-b would be added so that a person who fails to provide appropriate shelter for dogs left outdoors under paragraph (a) of subdivision 2 would be guilty of a class E felony when such violation results in the serious physical injury or death of an animal for his or her first offense. Paragraph (f) of subdivision 2 of section 353-b would be added so that a person who fails to provide appropriate shelter for dogs left outdoors under paragraph (c) of subdivision 2 of section 353-b who was previously convicted of such offense would be guilty of a class D felony.

Subdivision 1 of section 355 of the agriculture and markets law would be amended so that a person who is convicted of abandonment of animals would be guilty of a class A misdemeanor for his or her first offense. Paragraph (a) of subdivision 3 of section 355 would be added so that a person who is convicted of abandonment of animals who was previously convicted of such offense would be guilty of a class E felony. Subdivi- sion 2 of section 355 would be added so that certain persons who abandon an animal, or leave it to die in a street or public place, or who allow such animal, if it becomes disabled, to lie in a street or public place for more than three hours after he or she receives notice that it is left disabled, and such act or failure to act results in the serious physical injury or death of the animal, would be guilty of a class E felony for his or her first offense. Paragraph (b) of subdivision 3 of section 355 would be added so that a person who abandons an animal under subdivision 2 of section 355 who was previously convicted of such offense would be guilty of a class D felony.

Paragraph (a) of subdivision 1 of section 356 of the agriculture and markets law would be amended so that a person who is convicted of the failure to provide proper food and drink to an impounded animal would be guilty of a class A misdemeanor for his or her first offense. Paragraph (c) of subdivision 1 of section 356 would be added so that a person who

is convicted of failure to provide proper food and drink to an impounded animal under paragraph (a) of subdivision 1 of section 356 who was previously convicted of such offense would be guilty of a class E felo- ny. Paragraph (b) of subdivision 1 of section 356 would be added so that any person who fails to provide proper food and drink to an impounded animal under paragraph (a) of subdivision 1 of section 356 will be guil- ty of a class E felony for his or her first offense when such violation results in the serious physical injury or death of the animal. Paragraph (d) of subdivision 1 of section 356 would be added so that a person who fails to provide proper food and drink to an impounded animal under paragraph (b) of subdivision 1 who was previously convicted of such offense will be guilty of a class D felony.

Paragraph (a) of subdivision 1 of section 359 of the agriculture and markets law would be amended so that a person who is convicted of carry- ing an animal in a cruel manner will be guilty of a class A misdemeanor for his or her first offense. Paragraph (c) of subdivision 1 of section 359 would be added so that a person who is convicted of carrying an animal in a cruel manner who was previously convicted of such offense will be guilty of a class E felony. Paragraph (b) of subdivision 1 of section 359 would be added so that any person who carries an animal in a cruel manner will be guilty of a class E felony for his or her first offense when such violation results in the serious physical injury or death of the animal. Paragraph (d) of subdivision 1 of section 359 would be added so that a person who carries an animal in a cruel manner under paragraph (b) of subdivision 1 of section 359 who was previously convicted of such offense will be guilty of a class D felony.

Subdivision 1 of section 360 of the agriculture and markets law would be amended so that a person who is convicted of poisoning or attempting to poison any animal will be guilty of a class E felony for his or her first offense. Subdivision 3 of section 360 would be added so that a person who is convicted of poisoning or attempting to poison any animal under subdivision 1 of section 360 who was previously convicted of such offense will be guilty of a class D felony. Subdivision 2 of section 360 would be added so that any person who poisons or attempts to poison any animal will be guilty of a class D felony for his or her first offense when such violation results in the serious physical injury or death of the animal. Subdivision 4 of section 360 would be added so that a person who poisons or attempts to poison any animal under subdivision 2 of section 360 who was previously convicted of such offense will be guilty of a class C felony.

Paragraph (a) of subdivision 1 of section 365 of the agriculture and markets law would be amended so that a person who is convicted of clip- ping or cutting the ears of a dog will be guilty of a class A misdemea- nor for his or her first offense. Paragraph (c) of subdivision 1 of section 365 would be added so that a person who is convicted of clipping or cutting the ears of a dog under paragraph (a) of subdivision 1 of section 365 who was previously convicted of such offense will be guilty of a class E felony. Paragraph (b) of subdivision 1 of section 365 would be added so that any person who clips or cuts the ears of a dog under

paragraph (a) of subdivision 1 of section 365 will be guilty of a class E felony for his or her first offense when such violation results in the maiming or torturing of an animal that causes serious physical injury to the animal. Paragraph (d) of subdivision 1 of section 365 would be added so that a person who clips or cuts the ears of a dog under paragraph (b) of subdivision 1 who was previously convicted of such offense will be guilty of a class D felony.

Section 2 repeals article 26 of the agriculture and markets law in connection with the foregoing recodification.

Section 3 amends paragraph (a) of subdivision 24 of section 108 of the agriculture and markets law by making conforming technical changes.

Section 4 amends paragraph (b) of subdivision 2 of section 121 of the agriculture and markets law by making conforming technical changes.

Section 5 amends subdivision 1 of section 160.10 of the criminal proce- dure law by providing that a misdemeanor under section 353 of the agri- culture and markets law will be a finger printable offense under the criminal procedure law.

Section 6 amends subparagraph 2 of paragraph (f) of subdivision 1 of section 530.12 of the criminal procedure law by making conforming tech- nical changes.

Section 7 amends subparagraph 2 of paragraph (c) of subdivision 1 and subparagraph 2 of paragraph (c) of subdivision 4 of section 530.13 of the criminal procedure law by making conforming technical changes.

Section 8 amends the opening paragraph of paragraph e of subdivision 6 of section 110103 of the environmental conservation law by making conforming technical changes.

Section 9 amends paragraph f of subdivision 9 of section 11-0917 of the environmental conservation law by making conforming technical changes.

Section 10 amends subdivision 6 of section 399-aa of the general busi- ness law by making conforming technical changes.

Section 11 amends section 750-t of the general business law by making conforming technical changes.

Section 12 amends subdivision 1 of section 352.3 of the family court act by making conforming technical changes.

Section 13 amends paragraph 2 of subdivision (h) of section 446 of the family court act by making conforming technical changes.

Section 14 amends paragraph 2 of subdivision (i) of section 551 of the family court act by making conforming technical changes.

Section 15 amends paragraph 2 of subdivision (i) of section 656 of the family court act by making conforming technical changes.

Section 16 amends paragraph 2 of subdivision (h) of section 759 of the family court act by making conforming technical changes.

Section 17 amends paragraph 2 of subdivision (i) of section 842 of the family court act by making conforming technical changes.

Section 18 amends paragraph 2 of subdivision (g) of section 1056 of the family court act by making conforming technical changes.

Section 19 amends subdivision d of section 20-383 of the administrative code of the city of New York by making conforming technical changes,

Section 20 amends section 80 of the agriculture and markets law by making conforming technical changes.

Section 21 amends subdivision 3 of section 404 of the agriculture and markets law by making conforming technical changes.

Section 22 amends section 407 of the agriculture and markets law by making conforming technical changes.

Section 23 amends subdivisions 56, 68 and 79 of section 2.10 of the criminal procedure law by making conforming technical changes.

Section 24 amends paragraph (i) of subdivision 1 of section 750-h of the general business law by making conforming technical changes.

Section 25 amends section 753-d of the general business law by making conforming technical changes.

Section 26 provides that the act will take effect on the ninetieth day after it shall have become a law.

Justification

Existing criminal penalties for violating various animal cruelty sections of the agriculture and markets law are seriously inade- quate. Animal cruelty involves significant criminal conduct which reaches beyond the injury, inhumane treatment or death of an animal. It has been demonstrated that men who engage in dog fighting and other forms of animal cruelty are likely to commit abusive criminal acts against women and children. The Congressional record provides that those who commit the most violent crimes against people and especially those who commit murders often have progressed to that point after first kill- ing animals. Ted Bundy, David Berkowitz and Ted Kaczynski all tortured or killed animals before they started killing people. In many urban areas there is a clear connection between dog fighting, animal cruelty and those who engage in criminal acts of violence, gang activity and the drug and weapons trades.

In addition, judges, prosecutors and police officers often do not take acts of animal cruelty as seriously as they should. A major reason for this is that the provisions making the underlying conduct a crime are found in the agriculture and markets law rather than the penal law. Often, criminal acts which are not specified within the penal law are not viewed as "real crimes." The agriculture and markets law is also not associated with criminal conduct in general or animal cruelty in partic- ular. Moreover, while judges, prosecutors and police officers are gener- ally quite familiar with the provisions of the penal law, they are generally much less familiar with the provisions of the agriculture and markets law.

While the efforts of the peace officers of the local societies for the prevention of cruelty animals (SPCAs) are laudable, to maximize enforce- ment of these laws and deterrence of the underlying conduct, these efforts need to be supplemented by a broader, stepped-up enforcement effort of animal cruelty laws by local police and sheriff departments, particularly in the urban areas of our State. For the foregoing reasons, placing animal cruelty provisions in the penal law will assist these local law enforcement agencies in taking this more aggressive posture.

Legislative history

None.

Fiscal implications

None to the State.

Effective date

This act will take effect on the ninetieth day after it shall have become a law.