What's happening
This bill expands the definition of aggravated cruelty to animals to include reckless actions showing depraved indifference that cause serious injury or death.
Why it matters
Expands legal responsibility for animal cruelty. by including not just intentional harm, but also reckless actions that show a “depraved indifference” and result in serious injury or death to animals—meaning people can face felony charges even if they didn’t mean to hurt the animal, but acted with extreme disregard for its life.
Targets especially dangerous behaviors. by covering situations where someone creates a “grave risk” to an animal’s safety (such as dangerous acts or neglect), broadening the scope of what counts as aggravated cruelty beyond just deliberate acts.
Raises the standard of care expected from animal owners and others. the law would now hold people criminally liable for severe consequences resulting from reckless conduct, incentivizing more responsible behavior and vigilance around animals’ well-being.
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Who cares
Headline styles
Increase Animal Cruelty Penalties
Plain English, a few words. Used as the page title.
Sponsors
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.
Increase Animal Cruelty Penalties
In Assembly Committee · Agriculture · Sponsor Nicole Malliotakis
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1115
2019-2020 Regular Sessions
IN SENATE
January 11, 2019
Introduced by Sen. LANZA -- 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 penalties for intent to cause injury to an animal
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 353-a of the agriculture and markets law, as added by chapter 118 of the laws of 1999, is amended to read as follows:
1. A person is guilty of aggravated cruelty to animals when[,]: (a) with no justifiable purpose, he or she intentionally kills or intentionally causes serious physical injury to a companion animal with aggravated cruelty or (b) 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. 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. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06652-01-9
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 penal- ties 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 agrave 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 aggravat- ing factor where the conduct was not intentional, but reckless or depraved.
Legislative history
2018:S.6147 - Referred to Agriculture / A.5153 - Referred to Agriculture
2017:S.6147 - Referred to Agriculture / A.5153 - Referred to Agriculture
2016:S.5118 - Referred to Agriculture / A.5520 - Referred to Agriculture
2015:S.5118 - Referred to Agriculture / A.5520 - Referred to Agriculture
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.