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History
- Referred to agriculture
- Delivered to assembly
- Passed senateVote 62–0
- Ordered to third reading cal.1763
- Committee discharged and committed to rules
- Referred to agriculture
- Returned to senate
- Died in assembly
- Referred to agriculture
- Delivered to assembly
- Passed senateVote 60–1
- Advanced to third reading
Show 3 earlier actions
- 2nd report cal.
- 1st report cal.371
- Referred to agriculture
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to aggravated cruelty to animals
In Assembly Committee · Agriculture · Sponsor Linda Rosenthal
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S4265
Title of bill
An act to amend the agriculture and markets law, in relation to aggravated cruelty to animals
Purpose
Removes the term "serious" from the "serious physical injury" language of Section 353-a of the agriculture and markets law.
Summary of provisions
Subdivision one of Section 353-a of the agriculture and markets law would be amended, with the term "serious" in line 3 of subdivision one struck, to read only as "...intentionally causes (serious) physical injury to a companion animal...".
Justification
In June 2014 on Staten Island, Rocky, an English bulldog, was the victim of a terrible act of cruelty when a neighbor threw ammonia in his face in an attempt to quiet his barking. By the time they brought Rocky to the vet, he had ulcers in both his eyes and the vet wasn't sure if he would ever see again. Thankfully, Rocky was able to make a full recovery. Yet this recovery also gave the perpetrator a way out. Due to the language of the felony animal cruelty statute, a charge could not be sustained. The dog's recovery conflicted with the prosecutor's interpretation of "serious physical injury". This meant that because the dog survived and recovered 100%, the perpetrator would be facing a lesser penalty. This is nothing new. The Times Union reports that only 17% of those charged with felony aggravated cruelty to animals end up in felony convictions (in New York State). In this case, the perpetrator was given conditional discharge after being convicted of misdemeanor animal cruelty charges, and forced to pay $1,000 to the ASPCA for the dog's medical treatment. Also, the perpetrator may not go near Rocky, and may never be allowed to own a dog again. It is evident the punishment does not fit the crime. Eliminating the word "serious" from the statute would fix this, so if a person's actions were intended to cause extreme physical pain or conducted in an especially depraved or sadistic manner (language from section 353-a of the Agriculture and Markets law), one would only have to prove that the animal was killed or injured.
Legislative history
New Bill.
Fiscal implications
None
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.