What's happening
This bill amends the law on aggravated cruelty to animals by removing the requirement that the injury be "serious."
Why it matters
Expands what qualifies as “aggravated cruelty”. By removing the word "serious," any intentional physical injury (not just severe ones) to a companion animal, when done with aggravated cruelty, could lead to harsher criminal charges. This broadens the law’s reach and may result in more prosecutions for acts previously considered less severe.
Signals a stronger stance on animal welfare. The change reflects a legislative intent to treat all intentional cruelty to companion animals as a significant offense, not just cases involving extreme or life-threatening injuries. This could act as a stronger deterrent and better reflect society's concern for animal well-being.
May impact legal outcomes and plea deals. With the lower threshold for what constitutes aggravated cruelty, prosecutors may have greater leverage in charging and negotiating cases involving harm to animals, potentially leading to more convictions or guilty pleas in cases where proving “serious” injury was previously a barrier.
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Who cares
District attorneys and law enforcement
The bill would broaden aggravated cruelty to animals by removing the requirement that an intentionally inflicted physical injury to a companion animal be serious.
Companion animal owners
The bill would cover intentional physical injuries that are not serious when inflicted without justifiable purpose and with aggravated cruelty.
Animal welfare advocates
The bill would expand the offense while retaining the requirement that conduct be intended to cause extreme physical pain or be especially depraved or sadistic.
Headline styles
Toughen Animal Cruelty Laws
Plain English, a few words. Used as the page title.
Sponsors
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.608
- Referred to domestic animal welfare
- Returned to senate
- Died in assembly
- Referred to agriculture
- Delivered to assembly
- Passed senateVote 62–0
- Advanced to third reading
- 2nd report cal.
Show 2 earlier actions
- 1st report cal.197
- 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 Animal Cruelty Penalties
In Assembly Committee · Agriculture · Sponsor Linda Rosenthal
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2723
2019-2020 Regular Sessions
IN SENATE
January 29, 2019
Introduced by Sens. KRUEGER, ADDABBO, FUNKE, HOYLMAN, MARTINEZ, SERINO, SERRANO, STAVISKY -- 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 aggravated cruelty to animals
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, with no justifiable purpose, he or she intentionally kills or intentionally causes [serious] physical injury to a companion animal 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. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02461-01-9
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 aggra- vated cruelty to animals
Purpose
Removes the term "serious" from the "serious physical injury" language of Section 353-a of the agriculture and markets law.
Summary of provisions
Subdivision one of Section 353-a of the agriculture and markets law would be amended, with the term "serious" in line 3 of subdivision one struck, to read only as "...intentionally causes (serious) physical injury to a companion animal...".
Justification
In June 2014 on Staten Island, Rocky, an English bulldog, was the victim of a terrible act of cruelty when a neighbor threw ammonia in his face in an attempt to quiet his barking. By the time they brought Rocky to the vet, he had ulcers in both his eyes and the vet wasn't sure if he would ever see again. Thankfully, Rocky was able to make a full recov- ery. Yet this recovery also gave the perpetrator a way out. Due to the language of the felony animal cruelty statute, a charge could not be sustained. The dog's recovery conflicted with the prosecutor's interpre- tation of "serious physical injury". This meant that because the dog survived and recovered 100's, the perpetrator would be facing a lesser penalty. This is nothing new. The Times Union reports that only 17% of those charged with felony aggravated cruelty to animals end up in felony convictions (in New York State). In this case, the perpetrator was given conditional discharge after being convicted of misdemeanor animal cruelty charges, and forced to pay $1,000 to the ASPCA for the dog's medical treatment. Also, the perpetrator may not go near Rocky, and may never be allowed to own a dog again. It is evident the punishment does not fit the crime. Eliminating the word "serious" from the statute would fix this, so if a person's actions were intended to cause extreme physical pain or conducted in an especially depraved or sadistic manner (language from section 353-a of the Agriculture and Markets law), one would only have to prove that the animal was killed or injured.
Legislative history
2017-2018: S4163 Agriculture /A.3844 Rosenthal - Agriculture 2015-2016: S.4265 Passed Senate /A.6252 Rosenthal - Agriculture
Fiscal implications
None
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.