What's happening
This bill prohibits the cruel treatment of elephants in New York, making certain abusive acts and devices illegal and punishable as a felony.
Why it matters
Criminalizes a wide range of practices. including the use of bullhooks, electric shocks, whips, chaining (except for public safety), and physical abuse—that are commonly associated with controlling or training elephants, especially in entertainment and exhibition settings.
Makes mere possession of certain harmful tools or devices (like bullhooks or electric shock devices) around elephants illegal,. signaling a shift from penalizing just abusive actions to also restricting access to implements with a high risk of misuse.
Establishes felony-level penalties. for violations, raising the stakes for individuals and organizations that exploit elephants, and potentially deterring circuses, traveling shows, or private owners from keeping elephants under inhumane conditions.
Affirms local authority to enact stricter protections. and clarifies that other legal protections for elephants remain intact, ensuring that this law sets a minimum standard but does not preempt stronger local or statewide animal welfare measures.
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Who cares
Headline styles
End Elephant Cruelty
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to agriculture
- Referred to agriculture
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
273
2017-2018 Regular Sessions
IN SENATE (Prefiled)
January 4, 2017
Introduced by Sen. HOYLMAN -- 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 prohibiting cruel treatment of elephants
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The agriculture and markets law is amended by adding a new section 380 to read as follows:
§ 380. Cruelty to elephants. 1. It shall be unlawful for any person to commit any of the following acts on or to an elephant:
(a) Using a bullhook, ankus, or similar device;
(b) Using electricity or any shocking device;
(c) Using martingales, whip, or block and tackle;
(d) Hitting, beating, punching, kicking, or engaging in any other act which could cause pain or injury;
(e) Inserting any instrument into any bodily orifice;
(f) Using chains for the purpose of restraining or tying down except for the limited purpose of protecting public safety;
(g) Depriving of adequate food, water, or rest; or
(h) Committing any other practices which are likely to cause injury or death to an elephant.
2. No person shall possess any device which emits an electric current or shock or any instrument that may reasonably result in damage, scarring or breakage to the skin of an elephant in the presence of an elephant. For the purposes of this subdivision, such implement or device includes, but is not limited to, a bullhook, ankus, or other similar device.
3. Any violation of this section shall constitute a class E felony.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05186-01-7
S. 273 2
4. Nothing in this section shall be construed to affect any other protections afforded to elephants under any other provision of this chapter or any other law.
5. Nothing contained in this section shall prevent any town, city, village, or county in the state from enacting a local law or ordinance governing or restricting the use of elephants within such town, city, village, or county provided, however, that no such law or ordinance shall be less stringent than this section.
6. Nothing in this section shall be construed to prohibit a veterinarian from performing necessary treatment on an elephant.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the agriculture and markets law, in relation to prohibiting cruel treatment of elephants
Purpose or general idea of bill
The purpose of this legislation is to prohibit acts of cruelty on or to an elephant in order to ensure their safety and well being.
Summary of specific provisions
Section one adds a new section 380 to prohibit any person from committing acts or possessing implements which are likely to cause injury or death to an elephant. Violations to this section shall constitute a class E felony. Nothing in this section shall be construed to affect any other protections afforded to elephants under any other provision of this article or any other law. Nothing in this section shall prohibit the enactment of local laws or ordinances governing or restricting the use of elephants that are more stringent. Nothing shall be construed to prohibit a veterinarian from performing necessary treatment on an elephant.
Section two provides the effective date.
Justification
Elephants used for exhibition have been subjected to abusive handling, training and discipline techniques, including, for example, the use of bullhooks, shocking devices, whips and chains. According to the Animals and Society Institute in its report entitled, "Elephants in Circuses: Analysis of Practice Policy, and Future," "Early trauma, chronic stress, and severe deprivation are common to most, if not all, close-confinement institutions, notably circuses and zoos. These conditions lead to severe psychobiological and physiological damage to elephants in captivity. The added stress and trauma exerted by such practices as beating, negative reinforcement, chaining, physical abuse, and social isolation further undermine elephant wellbeing..."
Corporal punishment also increases behavioral stress and aggression in elephants, thus creating public health and safety concerns. According to a report published by the Performing Welfare Society, an average of one elephant keeper is killed by a captive elephant every year. Some of these incidents can be attributed to harsh training and handling methods. When elephants are restrained for long periods of time, they are also more susceptible to degenerative joint disease due to the lack of circulation in their legs and to infection if their foot pads are not carefully maintained. This legislation will help to prevent abusive training and handling of elephants in our state and will better protect the safety and welfare of the public.
Legislative history
S.56 of 2015-2016 (Hoylman): Died in Agriculture A.1555 of 2015-2016 (Paulin): Died in Agriculture S.6669 of 2014 (Hoylman): Died in Agriculture A.3154-A of 2013-2014 (Paulin): Died in Agriculture
Fiscal implications
None to the state.
Effective date
This act shall take effect on the ninetieth day after it shall become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.