What's happening
This bill expands aggravated cruelty to animals to include wildlife (except insects) and exempts sound agricultural practices.
Why it matters
Expands legal protections. By including wildlife (except insects) under aggravated cruelty laws, the bill extends stricter penalties for intentional, extreme harm to a broader range of animals, not just pets or companion animals.
Targets egregious acts. The focus on "aggravated cruelty"—acts intended to cause extreme pain or done in a depraved or sadistic manner—means the law is aimed at the most severe and deliberate cases of animal abuse, potentially deterring particularly cruel conduct.
Clarifies exemptions for legal activities. The bill makes clear that lawful hunting, trapping, fishing, and recognized agricultural practices are not affected. This protects farmers and sportsmen from prosecution when acting within existing legal boundaries, balancing animal welfare with established practices.
Could affect enforcement and prosecution. By redefining the scope of protected animals, the bill could lead to more investigations and prosecutions for wildlife cruelty, potentially raising awareness and changing public expectations around the treatment of wild animals.
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Who cares
Headline styles
Protect Wildlife From Cruelty
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 4
1 Co-sponsor
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.
Protect Wildlife from Cruelty
In Assembly Committee · Codes · Sponsor Linda Rosenthal
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
620
2017-2018 Regular Sessions
IN SENATE
January 4, 2017
Introduced by Sen. BOYLE -- 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 aggravated cruelty to animals
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivisions 1 and 2 of section 353-a of the agriculture and markets law, as added by chapter 118 of the laws of 1999, are amended to read as follows:
1. A person is guilty of aggravated cruelty to animals when, with no justifiable purpose, he or she intentionally kills or intentionally causes serious physical injury to a companion animal or wildlife, as defined in subdivision six of section 11-0103 of the environmental conservation law, other than insects, with aggravated cruelty. For purposes of this section, "aggravated cruelty" shall mean conduct which: (i) is intended to cause extreme physical pain; or (ii) is done or carried out in an especially depraved or sadistic manner.
2. Nothing contained in this section shall be construed to prohibit or interfere in any way with anyone lawfully engaged in hunting, trapping, or fishing, as provided in article eleven of the environmental conservation law, activities deemed to be sound agricultural practices pursuant to section three hundred eight of this chapter, the dispatch of rabid or diseased animals, as provided in article twenty-one of the public health law, or the dispatch of animals posing a threat to human safety or other animals, where such action is otherwise legally authorized, or any properly conducted scientific tests, experiments, or investigations involving the use of living animals, performed or conducted in laboratories or institutions approved for such purposes by the commissioner of health pursuant to section three hundred fifty-three of this article.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05095-01-7
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 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 or the exercise of activities deemed to be sound agricultural practices.
The stringent standard of proof created by the "aggravating" factors contained in the felony law which 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
A.1843 of 2011-2012. Died in Senate Agriculture Committee 2016. A6077a of 2009-2010.
Fiscal implications
None.
Effective date
This act shall take effect on the 90th day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.