S 5409: Enhances penalties for committing multiple animal cruelty offenses.

  
  STATE OF NEW YORK ________________________________________________________________________ 5409 2025-2026 Regular Sessions  IN SENATE February 21, 2025 ___________ Introduced by Sens. LANZA, MURRAY -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture AN ACT to amend the agriculture and markets law, in relation to penal- ties for those committing multiple animal cruelty offenses The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 353-a of the agriculture and markets law, as added 2 by chapter 118 of the laws of 1999, is amended to read as follows: 3 § 353-a. Aggravated cruelty to animals. 1. (a) A person is guilty of 4 aggravated cruelty to animals when, with no justifiable purpose, [he or 5 she] such person intentionally kills or intentionally causes serious 6 physical injury to a companion animal with aggravated cruelty or (b) 7 when such person commits an offense described in section three hundred 8 fifty-three of this article and has been previously convicted of an 9 offense under such section within the past ten years. For purposes of 10 this section, "aggravated cruelty" shall mean conduct which: (i) is 11 intended to cause extreme physical pain; or (ii) is done or carried out 12 in an especially depraved or sadistic manner. 13 2. Nothing contained in this section shall be construed to prohibit or 14 interfere in any way with anyone lawfully engaged in hunting, trapping, 15 or fishing, as provided in article eleven of the environmental conserva- 16 tion law, the dispatch of rabid or diseased animals, as provided in 17 article twenty-one of the public health law, or the dispatch of animals 18 posing a threat to human safety or other animals, where such action is 19 otherwise legally authorized, or any properly conducted scientific 20 tests, experiments, or investigations involving the use of living 21 animals, performed or conducted in laboratories or institutions approved 22 for such purposes by the commissioner of health pursuant to section 23 three hundred fifty-three of this article. 24 3. Aggravated cruelty to animals is a felony. A defendant convicted of 25 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. LBD04294-01-5 
 S. 5409 2 1 sion one of section 55.10 of the penal law provided, however, that any 2 term of imprisonment imposed for violation of this section shall be a 3 definite sentence, which may not exceed two years] guilty of a class E 4 felony; a defendant convicted of an offense under paragraph (a) of 5 subdivision one of this section who has previously been convicted of an 6 offense under section three hundred fifty-three of this article shall be 7 guilty of a class D felony; a defendant convicted of this offense who 8 has previously been convicted of an offense under this section shall be 9 guilty of a class C felony. 10 § 2. This act shall take effect immediately.