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Sponsors
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History
- Referred to agriculture
- 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 penalties for intent to cause injury to an animal
In Assembly Committee · Agriculture · Sponsor Nicole Malliotakis
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S5118
Title of bill
An act to amend the agriculture and markets law, in relation to penalties for intent to cause injury to an animal
Purpose
The purpose of this bill is to create an additional means to establish the crime of aggravated cruelty to animals where a person injures or kills an animal due to behavior evincing a depraved indifference to the life of the animal.
Summary of provisions
Section 1 amends § 353-a of the agriculture and markets law by adding an additional means to establish the crime of aggravated cruelty to animal where, under circumstances evincing a depraved indifference to the life of an animal, he or she recklessly engages in conduct which creates a grave risk of serious physical injury or death to the animal, and thereby causes serious physical injury or death to such animal.
Justification
Because most cases have to be proven circumstantially, there are always issues with proving if the defendant possessed the intent to cause the injury. Just like with other criminal statutes, like Murder in the Second Degree, there should be different types of offenses relating to animal cruelty laws that take into account the defendant's mens rea at the time of the offense. Thus, instead of requiring prosecution to prove intent for the felony charge, this would allow them to find an aggravating factor where the conduct was not intentional, but reckless or depraved.
Fiscal impact
None.
Effective date
Immediately,
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.