A06077 Summary:

BILL NO    A06077A

SAME AS    Same as S 5144

SPONSOR    Rosenthal (MS)

COSPNSR    Benedetto, Hoyt, Lupardo, Maisel, Mayersohn, Millman, Kavanagh,
           Pheffer, Paulin, Titone

MLTSPNSR   Bing, Boyland, Colton, Gabryszak, Lifton, Reilly, Sweeney, Weisenberg

Amd S353-a, Ag & Mkts L

Includes wildlife animals as those subject to the animal cruelty provisions of
the agriculture and markets law.

A06077 Actions:

BILL NO    A06077A

02/24/2009 referred to agriculture
04/21/2009 amend and recommit to agriculture
04/21/2009 print number 6077a
05/26/2009 reported referred to codes
01/06/2010 referred to agriculture
02/09/2010 reported referred to codes

A06077 Votes:

A06077 Memo:

BILL NUMBER:A6077A

TITLE OF BILL:  An act to amend the agriculture and markets law, in
relation to aggravated cruelty to animals

PURPOSE OR GENERAL IDEA OF BILL: This legislation would expand the
existing aggravated cruelty law to cover intentional acts of extreme
cruelty to wildlife as well as companion animals.

SUMMARY OF SPECIFIC PROVISIONS: Subdivision 1 of section 353-a of the
agriculture and markets law, is amended to expand the existing aggra-
vated cruelty law to cover intentional acts of extreme cruelty to wild-
life 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 legislation would interfere with sound agricultural prac-
tices engaged in pursuant to section 308 of the agriculture and markets
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
allow these cases to be prosecuted under the felony animal cruelty stat-
ute. It is important to note that in no way would this change affect the
lawful hunting or trapping licensed by the Department of Environmental
Conservation.

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.

PRIOR LEGISLATIVE HISTORY:

2005-06: A.1850A - Agriculture 2004: A.6507 - Agriculture 2003: A.6507 -
Agriculture

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the ninetieth day after it
shall have become law.