Includes wildlife animals as those subject to the animal cruelty provisions

Title of bill

An act to amend the agriculture and markets law, in relation to aggravated cruelty to animals

Purpose or general idea of bill

This legislation would expand the existing aggravated cruelty law to cover intentional acts of extreme cruelty to wildlife as well as companion animals.

Summary of specific provisions

Subdivision 1 of section 353-a of the agriculture and markets law, is amended to expand the existing aggravated cruelty law to cover intentional acts of extreme cruelty to wildlife as defined in section 11-0103 of the environmental conservation law. Subdivision 2 of section 353-a is amended to make it clear that nothing in the legislation would interfere with sound agricultural practices engaged in pursuant to section 308 of the agriculture and markets law.

Justification

This legislation will extend the coverage of the felony animal cruelty law to cover wildlife. Since the passage of the felony animal cruelty statute, there have been a number of egregious cases in which wild animals have been captured and tortured. This bill would allow these cases to be prosecuted under the felony animal cruelty statute. It is important to note that in no way would this change affect the lawful hunting or trapping licensed by the Department of Environmental Conservation.

The stringent standard of proof created by the "aggravating" factors contained in the felony law -- that require proof of intent to cause extreme physical pain or that the conduct was especially depraved or sadistic -- would remain unchanged, thereby ensuring that only the most heinous cases of the mistreatment of wild animals are treated as felony offenses.

Prior legislative history

2005-06: A.1850A - Agriculture 2004: A.6507 - Agriculture 2003: A.6507 - Agriculture

Fiscal implications

None.

Effective date

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