BILL NUMBER: S250
SPONSOR: SEPULVEDA
 
TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to aggra-
vated 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 PROVISIONS:
Section one amends Subdivision 1 of section 353-a of the agriculture and
markets law, to expand the existing aggravated cruelty law to cover
intentional acts of extreme cruelty to wildlife other than insects as
defined in section 11-0103 of the environmental conservation law. Subdi-
vision 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.
Section two sets the effective date to be on the ninetieth day after it
shall become 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 a 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:
S.460-A of 2023-2024, Referred to Agriculture;
S.2176 of 2021-22,Referred to Agriculture;
S.5801 of 2019-20- Referred to Domestic Animal Welfare;
S.620 of 2017-18,Referred to Agriculture;
S.1270 of 2015-16,Referred to Agriculture;
S.4347 of 2013-14,Referred to Agriculture;
A.1843-D of 2011-12, Reported to Codes;
S.5144 of 2009-10, Referred to Agriculture;
S.5206-A of 2007-08, 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.