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S5801Senate2019-2020 SessionSame asA663

Protect Wildlife from Cruelty

Official title

“Includes wildlife animals as those subject to the animal cruelty provisions”

Sponsor Luis R. SepúlvedaSD-32+1 co-sponsor
Status
In Senate Committee
Domestic Animal Welfare
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Domestic Animal Welfare

What's happening

This bill expands aggravated cruelty to animals to include wildlife (except insects) and exempts sound agricultural practices.

Why it matters

  1. Broadens legal protections for wildlife. by making it a felony to intentionally kill or cause serious physical injury to wild animals (excluding insects) in a depraved or sadistic manner, not just companion animals—potentially deterring acts of extreme cruelty against wild species.

  2. Impacts prosecution and enforcement. by expanding the range of animal cruelty cases that can be charged as aggravated cruelty, meaning harsher penalties could apply to more types of animal abuse incidents involving wildlife.

  3. Clarifies boundaries for legal activities. by explicitly exempting hunting, trapping, fishing, and sound agricultural practices, ensuring the law targets wanton cruelty without criminalizing ordinary, legal uses of animals in rural and agricultural contexts.

  4. Could affect conservation and public attitudes. by reinforcing the societal value placed on humane treatment of all animals, potentially influencing both public awareness and the behavior of individuals toward wildlife in New York State.

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Who cares

  • Wildlife protection advocates

    The bill would extend aggravated animal cruelty protections to wildlife other than insects, covering intentional killing or serious injury without justifiable purpose when committed with aggravated cruelty.

  • Prosecutors and law enforcement

    The bill would expand the animals covered by the aggravated cruelty offense beyond companion animals to include wildlife other than insects.

  • Hunters, trappers and anglers

    The bill would retain the provision protecting lawful hunting, trapping and fishing from interference under the aggravated cruelty law.

  • Farmers

    The bill would explicitly protect activities deemed sound agricultural practices under Agriculture and Markets Law section 308 from interference under the aggravated cruelty law.

Headline styles

Protect Wildlife from Cruelty

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Luis R. Sepúlveda

Senator · Senate District 32

Chair, Crime Victims, Crime And Correction

1 Co-sponsor

History

  1. Referred to domestic animal welfare
  2. 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.

A663Assembly

Protect Wildlife from Cruelty

In Assembly Committee · Codes · Sponsor Linda Rosenthal

Impact 4 · Low0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

5801

2019-2020 Regular Sessions

IN SENATE

May 15, 2019

Introduced by Sens. SEPULVEDA, BOYLE -- 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. 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.

LBD01851-01-9

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 aggravated cruelty to animals

Purpose

This bill expands the existing aggravated cruelty law to cover inten- tional acts of extreme cruelty to wildlife as well as companion animals.

Summary of specific provisions

Section one amends 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 legis- lation would interfere with sound agricultural practices engaged in pursuant to section 308 of the agriculture and markets law.

Section two sets forth the effective date.

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 Conser- vation 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 -- that 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.

Legislative history

2017-18:A.5050 -Reported to Codes; S.620- Referred to Agriculture 2015-16:A.957 -Reported to Codes; 5.1270- Referred to Agriculture 2013-14:A.238-Reported to Codes; S.4347- Referred to Agriculture 2011-12:A.1843-D- Reported to Codes 2009-10:A.6077-A-Reported to Codes; S.5144 - Referred to Agriculture 2007-08:A.7870-A-Reported to Codes; S.5206-A - Referred to Agriculture

Fiscal implications

None to the State.

Effective date

This act shall take effect on the ninetieth 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.