S 5654: Enhances penalties for aggravated cruelty to animals by making such offense a felony, including torture, beating, or killing of any animal; makes animal cruelty, including overdriving or depriving an animal of sustenance a felony when committed while released on recognizance for violating an order of protection; allows aggravated animal abuse to be considered for bail.

  
  STATE OF NEW YORK ________________________________________________________________________ 5654 2025-2026 Regular Sessions  IN SENATE February 26, 2025 ___________ Introduced by Sen. 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 regard to enhancing penalties for aggravated animal abuse; and to amend the criminal procedure law, in relation to allowing aggravated animal abuse to be considered for bail The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 353 of the agriculture and markets law, as amended 2 by chapter 458 of the laws of 1985, the opening paragraph as amended by 3 chapter 523 of the laws of 2005, is amended to read as follows: 4 § 353. Overdriving[, torturing and injuring animals;] and failure to 5 provide proper sustenance for animals. A person who overdrives, over- 6 loads, [tortures or cruelly beats or unjustifiably injures, maims, muti- 7 lates or kills any animal, whether wild or tame, and whether belonging 8 to himself or to another,] or deprives any animal of necessary suste- 9 nance, food or drink, or neglects or refuses to furnish it such suste- 10 nance or drink, or causes, procures or permits any animal to be over- 11 driven, overloaded, tortured, cruelly beaten, or unjustifiably injured, 12 maimed, mutilated or killed, or to be deprived of necessary food or 13 drink, or who wilfully sets on foot, instigates, engages in, or in any 14 way furthers any act of cruelty to any animal, or any act tending to 15 produce such cruelty, is guilty of a class A misdemeanor and for 16 purposes of paragraph (b) of subdivision one of section 160.10 of the 17 criminal procedure law, shall be treated as a misdemeanor defined in the 18 penal law. 19 Nothing herein contained shall be construed to prohibit or interfere 20 with any properly conducted scientific tests, experiments or investi- 21 gations, involving the use of living animals, performed or conducted in 22 laboratories or institutions, which are approved for these purposes by 23 the state commissioner of health. The state commissioner of health shall 24 prescribe the rules under which such approvals shall be granted, includ- 25 ing therein standards regarding the care and treatment of any such 26 animals. Such rules shall be published and copies thereof conspicuously EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10285-01-5 
 S. 5654 2 1 posted in each such laboratory or institution. The state commissioner of 2 health or [his] such commissioner's duly authorized representative shall 3 have the power to inspect such laboratories or institutions to [insure] 4 ensure compliance with such rules and standards. Each such approval may 5 be revoked at any time for failure to comply with such rules and in any 6 case the approval shall be limited to a period not exceeding one year. 7 § 2. Subdivision 1 of section 353-a of the agriculture and markets 8 law, as added by chapter 118 of the laws of 1999, is amended to read as 9 follows: 10 1. A person is guilty of aggravated cruelty to animals when[,]: (a) 11 with no justifiable purpose, [he or she intentionally kills or inten- 12 tionally causes serious physical injury to a companion animal with 13 aggravated cruelty. For purposes of this section, "aggravated cruelty" 14 shall mean conduct which: (i) is intended to cause extreme physical 15 pain; or (ii) is done or carried out in an especially depraved or sadis- 16 tic manner] such person tortures or cruelly beats or unjustifiably 17 injures, maims, mutilates or kills any animal, whether wild or tame, and 18 whether belonging to such person or to another; or 19 (b) such person violates section three hundred fifty-three of this 20 article while released on recognizance for violating any order of 21 protection. 22 § 3. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the 23 criminal procedure law, paragraph (t) as amended and paragraph (u) as 24 added by section 2 of subpart B of part UU of chapter 56 of the laws of 25 2022, are amended and a new paragraph (v) is added to read as follows: 26 (t) any felony or class A misdemeanor involving harm to an identifi- 27 able person or property, or any charge of criminal possession of a 28 firearm as defined in section 265.01-b of the penal law, where such 29 charge arose from conduct occurring while the defendant was released on 30 [his or her] such principal's own recognizance, released under condi- 31 tions, or had yet to be arraigned after the issuance of a desk appear- 32 ance ticket for a separate felony or class A misdemeanor involving harm 33 to an identifiable person or property, or any charge of criminal 34 possession of a firearm as defined in section 265.01-b of the penal law, 35 provided, however, that the prosecutor must show reasonable cause to 36 believe that the defendant committed the instant crime and any underly- 37 ing crime. For the purposes of this subparagraph, any of the underlying 38 crimes need not be a qualifying offense as defined in this subdivision. 39 For the purposes of this paragraph, "harm to an identifiable person or 40 property" shall include but not be limited to theft of or damage to 41 property. However, based upon a review of the facts alleged in the accu- 42 satory instrument, if the court determines that such theft is negligible 43 and does not appear to be in furtherance of other criminal activity, the 44 principal shall be released on [his or her] such principal's own recog- 45 nizance or under appropriate non-monetary conditions; [or] 46 (u) criminal possession of a weapon in the third degree as defined in 47 subdivision three of section 265.02 of the penal law or criminal sale of 48 a firearm to a minor as defined in section 265.16 of the penal law[.]; 49 or 50 (v) aggravated cruelty to animals as defined in section three hundred 51 fifty-three-a of the agriculture and markets law. 52 § 4. Subparagraphs (xx) and (xxi) of paragraph b of subdivision 1 of 53 section 530.20 of the criminal procedure law, subparagraph (xx) as 54 amended and subparagraph (xxi) as added by section 4 of subpart C of 55 part UU of chapter 56 of the laws of 2022, are amended and a new para- 56 graph (xxii) is added to read as follows: 
 S. 5654 3 1 (xx) any felony or class A misdemeanor involving harm to an identifi- 2 able person or property, or any charge of criminal possession of a 3 firearm as defined in section 265.01-b of the penal law where such 4 charge arose from conduct occurring while the defendant was released on 5 [his or her] such principal's own recognizance, released under condi- 6 tions, or had yet to be arraigned after the issuance of a desk appear- 7 ance ticket for a separate felony or class A misdemeanor involving harm 8 to an identifiable person or property, provided, however, that the 9 prosecutor must show reasonable cause to believe that the defendant 10 committed the instant crime and any underlying crime. For the purposes 11 of this subparagraph, any of the underlying crimes need not be a quali- 12 fying offense as defined in this subdivision. For the purposes of this 13 paragraph, "harm to an identifiable person or property" shall include 14 but not be limited to theft of or damage to property. However, based 15 upon a review of the facts alleged in the accusatory instrument, if the 16 court determines that such theft is negligible and does not appear to be 17 in furtherance of other criminal activity, the principal shall be 18 released on [his or her] such principal's own recognizance or under 19 appropriate non-monetary conditions; [or] 20 (xxi) criminal possession of a weapon in the third degree as defined 21 in subdivision three of section 265.02 of the penal law or criminal sale 22 of a firearm to a minor as defined in section 265.16 of the penal 23 law[.]; or 24 (xxii) aggravated cruelty to animals as defined in section three 25 hundred fifty-three-a of the agriculture and markets law. 26 § 5. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the 27 criminal procedure law, paragraph (t) as amended and paragraph (u) as 28 added by section 4 of subpart B of part UU of chapter 56 of the laws of 29 2022, are amended and a new paragraph (v) is added to read as follows: 30 (t) any felony or class A misdemeanor involving harm to an identifi- 31 able person or property, or any charge of criminal possession of a 32 firearm as defined in section 265.01-b of the penal law, where such 33 charge arose from conduct occurring while the defendant was released on 34 [his or her] such principal's own recognizance, released under condi- 35 tions, or had yet to be arraigned after the issuance of a desk appear- 36 ance ticket for a separate felony or class A misdemeanor involving harm 37 to an identifiable person or property, or any charge of criminal 38 possession of a firearm as defined in section 265.01-b of the penal law, 39 provided, however, that the prosecutor must show reasonable cause to 40 believe that the defendant committed the instant crime and any underly- 41 ing crime. For the purposes of this subparagraph, any of the underlying 42 crimes need not be a qualifying offense as defined in this subdivision. 43 For the purposes of this paragraph, "harm to an identifiable person or 44 property" shall include but not be limited to theft of or damage to 45 property. However, based upon a review of the facts alleged in the accu- 46 satory instrument, if the court determines that such theft is negligible 47 and does not appear to be in furtherance of other criminal activity, the 48 principal shall be released on [his or her] such principal's own recog- 49 nizance or under appropriate non-monetary conditions; [or] 50 (u) criminal possession of a weapon in the third degree as defined in 51 subdivision three of section 265.02 of the penal law or criminal sale of 52 a firearm to a minor as defined in section 265.16 of the penal law[.]; 53 or 54 (v) aggravated cruelty to animals as defined in section three hundred 55 fifty-three-a of the agriculture and markets law. 56 § 6. This act shall take effect immediately.