S 8581: Makes aggravated cruelty to animals a class E violent felony offense; defines terms; makes technical changes.

  
  STATE OF NEW YORK ________________________________________________________________________ 8581 2025-2026 Regular Sessions  IN SENATE November 14, 2025 ___________ Introduced by Sen. COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the penal law, the agriculture and markets law, the education law and the administrative code of the city of New York, in relation to the crime of aggravated cruelty to animals; and to repeal section 353-a of the agriculture and markets law relating thereto 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 Section 353-a of the agriculture and markets law is 2 REPEALED. 3 § 2. The penal law is amended by adding a new article 243 to read as 4 follows: 5 ARTICLE 243 6 OFFENSES AGAINST ANIMALS 7 Section 243.00 Definitions. 8 243.05 Aggravated cruelty to animals. 9 § 243.00 Definitions. 10 For purposes of this article, 11 1. "Aggravated cruelty" shall mean conduct which: (a) is intended to 12 cause extreme physical pain; or (b) is done or carried out in an espe- 13 cially depraved or sadistic manner. 14 2. "Companion animal" shall mean any dog or cat, and shall also mean 15 any other domesticated animal normally maintained in or near the house- 16 hold of the owner or person who cares for such other domesticated 17 animal. "Companion animal" shall not include a "farm animal" as defined 18 in this section. 19 3. "Farm animal" shall mean any ungulate, poultry, species of cattle, 20 sheep, swine, goats, llamas, horses or fur-bearing animals, as defined 21 in section 11-1907 of the environmental conservation law, which are 22 raised for commercial or subsistence purposes. Fur-bearing animal shall 23 not include dogs or cats. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13824-02-5 
 S. 8581 2 1 § 243.05 Aggravated cruelty to animals. 2 1. A person is guilty of aggravated cruelty to animals when, with no 3 justifiable purpose, such person intentionally kills or intentionally 4 causes serious physical injury to a companion animal with aggravated 5 cruelty. 6 2. Nothing contained in this section shall be construed to prohibit or 7 interfere in any way with anyone lawfully engaged in hunting, trapping, 8 or fishing, as provided in article eleven of the environmental conserva- 9 tion law, the dispatch of rabid or diseased animals, as provided in 10 article twenty-one of the public health law, or the dispatch of animals 11 posing a threat to human safety or other animals, where such action is 12 otherwise legally authorized, or any properly conducted scientific 13 tests, experiments, or investigations involving the use of living 14 animals, performed or conducted in laboratories or institutions approved 15 for such purposes by the commissioner of health pursuant to section 16 three hundred fifty-three of the agriculture and markets law. 17 3. Aggravated cruelty to animals is a class E felony. 18 § 3. Paragraph (d) of subdivision 1 of section 70.02 of the penal law, 19 as amended by chapter 7 of the laws of 2007, is amended to read as 20 follows: 21 (d) Class E violent felony offenses: an attempt to commit any of the 22 felonies of criminal possession of a weapon in the third degree as 23 defined in subdivision five, six, seven or eight of section 265.02 as a 24 lesser included offense of that section as defined in section 220.20 of 25 the criminal procedure law, persistent sexual abuse as defined in 26 section 130.53, aggravated sexual abuse in the fourth degree as defined 27 in section 130.65-a, falsely reporting an incident in the second degree 28 as defined in section 240.55 [and], placing a false bomb or hazardous 29 substance in the second degree as defined in section 240.61, and aggra- 30 vated cruelty to animals as defined in section 243.05. 31 § 4. Paragraph a of subdivision 8 of section 374 of the agriculture 32 and markets law, as amended by chapter 594 of the laws of 2003 and as 33 renumbered by chapter 479 of the laws of 2009, is amended to read as 34 follows: 35 a. In addition to any other penalty provided by law, upon conviction 36 for any violation of section three hundred fifty-one, three hundred 37 fifty-three, [three hundred fifty-three-a,] three hundred fifty-three-b, 38 three hundred fifty-five, three hundred fifty-six, three hundred fifty- 39 nine, three hundred sixty, three hundred sixty-one, three hundred 40 sixty-five or three hundred sixty-eight of this article or section 41 243.05 of the penal law, the convicted person may, after a duly held 42 hearing pursuant to paragraph f of this subdivision, be ordered by the 43 court to forfeit, to a duly incorporated society for the prevention of 44 cruelty to animals or a duly incorporated humane society or authorized 45 agents thereof, the animal or animals which are the basis of the 46 conviction. Upon such an order of forfeiture, the convicted person shall 47 be deemed to have relinquished all rights to the animals which are the 48 basis of the conviction, except those granted in paragraph d of this 49 subdivision. 50 § 5. Paragraph (a) of subdivision 2 of section 6714 of the education 51 law, as amended by chapter 546 of the laws of 2021, is amended to read 52 as follows: 53 (a) When a veterinarian reasonably and in good faith suspects that a 54 companion animal's injury, illness or condition is the result of animal 55 cruelty in violation of section three hundred fifty-one[,] or three 56 hundred fifty-three [or three hundred fifty-three-a] of the agriculture 
 S. 8581 3 1 and markets law or section 243.05 of the penal law, the veterinarian 2 shall report the incident and disclose records concerning the companion 3 animal's condition and treatment to any officer or agent authorized 4 pursuant to sections three hundred seventy-one and three hundred seven- 5 ty-three of the agriculture and markets law to respond to and investi- 6 gate complaints of animal cruelty. The identity of such veterinarian 7 making a report pursuant to this paragraph shall only be made available 8 to an officer or agent authorized pursuant to section three hundred 9 seventy-one or three hundred seventy-three of the agriculture and 10 markets law. 11 § 6. Paragraph 3 of subdivision a of section 17-1601 of the adminis- 12 trative code of the city of New York, as amended by local law number 4 13 of the city of New York for the year 2014, is amended to read as 14 follows: 15 3. aggravated cruelty to animals, as defined in section [three hundred 16 fifty-three-a] 243.05 of the [agriculture and markets] penal law; 17 § 7. This act shall take effect immediately.