What's happening
This bill increases penalties for repeat animal cruelty offenders, establishing harsher felony charges for those with prior convictions.
Why it matters
Expands felony charges to cover anyone who commits animal cruelty with a prior conviction in the past ten years. , meaning repeat offenders now face felony prosecution even if their new offense is less severe than aggravated cruelty.
Graduates felony charges based on prior offenses. Second-time offenders face a class D felony, and those with multiple aggravated cruelty convictions face a class C felony—making each subsequent conviction carry harsher penalties.
Aims to deter serial animal abusers by escalating legal consequences. , creating a stricter legal environment where repeat offenses are not treated as isolated incidents but as evidence of ongoing dangerous behavior.
Signals a shift in how the legal system prioritizes animal welfare. , reflecting increased societal concern for animal protection and potentially influencing how law enforcement and courts address animal cruelty cases.
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Who cares
Headline styles
Increase Animal Cruelty Penalties
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to domestic animal welfare
- Referred to domestic animal welfare
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.
Tougher Penalties for Repeat Cruelty
In Assembly Committee · Agriculture · Sponsor Nicole Malliotakis
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2019
2019-2020 Regular Sessions
IN SENATE
January 18, 2019
Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Domestic Animal Welfare
AN ACT to amend the agriculture and markets law, in relation to penalties for those committing multiple animal cruelty offenses
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. 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:
§ 353-a. Aggravated cruelty to animals. 1. (a) 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 with aggravated cruelty or (b) when he or she commits an offense described in section three hundred fifty-three of this article and has been previously convicted of an offense under such section within the past ten years. 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, 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.
3. Aggravated cruelty to animals is a felony. A defendant convicted of this offense shall be [sentenced pursuant to paragraph (b) of subdivi-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07344-01-9
S. 2019 2
sion one of section 55.10 of the penal law provided, however, that any term of imprisonment imposed for violation of this section shall be a definite sentence, which may not exceed two years] guilty of a class E felony; a defendant convicted of an offense under paragraph (a) of subdivision one of this section who has previously been convicted of an offense under section three hundred fifty-three of this article shall be guilty of a class D felony; a defendant convicted of this offense who has previously been convicted of an offense under this section shall be guilty of a class C felony.
§ 2. This act shall take effect immediately.
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 those committing multiple animal cruelty offenses
Purpose
The purpose of this bill is to create an additional means to establish the crime of aggravated cruelty to animals where a person has been convicted of animal cruelty in the past.
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 a person has been convicted of a crime described in § 353 within the previous ten years.
Justification
This legislation would strengthen penalties for repeat animal abusers. According to the American Prosecutors Research Institute CAPRI), it is well substantiated that those who have a history of repeated acts of intentional violence toward animals are at a higher risk of exhibiting similar violence toward human beings. APRI also cites a large and grow- ing body of literature that has documented the co-occurrence of animal cruelty and interpersonal violence, particularly domestic violence, child abuse, and elder abuse. This bill creates an additional means to establish the crime of aggravated cruelty to animals where a person has been convicted of animal cruelty in the past.
Fiscal impact
None.
Legislative history
2018: S.6187 - Referred to Agriculture/A.4693 - Referred to Agriculture 2017: S.6187 - Referred to Agriculture/A.4693 - Referred to Agriculture 2016: S.5115 - Referred to Agriculture/A.5505 - 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.