Bill Text: NY A03038 | 2017-2018 | General Assembly | Amended

New York Assembly Bill 3038 (Prior Session Legislation)

Bill Title: Enacts "Kirby and Quigley's Law"; expands the definition of aggravated cruelty to animals to include harm to a companion animal during the commission of a felony.

Spectrum: Slight Partisan Bill (Democrat 57-36)

Status: (Introduced - Dead) 2018-05-15 - print number 3038b [A03038 Detail]

Download: New_York-2017-A03038-Amended.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                         3038--B
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 24, 2017
                                       ___________
        Introduced  by M. of A. SANTABARBARA, WALSH, RA, LUPARDO, MURRAY, BYRNE,
          McDONOUGH, L. ROSENTHAL, RIVERA, LAVINE, ABBATE, JAFFEE, GLICK,  BRON-
          SON,  STIRPE,  COLTON, SEAWRIGHT, M. G. MILLER, PRETLOW, JOHNS, BLAKE,
          HUNTER, PICHARDO, THIELE, CUSICK, DAVILA, ENGLEBRIGHT, MAGEE,  TITONE,
          JENNE,  COOK,  D'URSO,  ORTIZ,  OTIS, WEPRIN, PAULIN, HIKIND, GUNTHER,
          GALEF, SKOUFIS, BENEDETTO, ERRIGO, WALTER, STEC,  B. MILLER,  BLANKEN-
          BUSH,  NORRIS,  MORINELLO,  LAWRENCE,  MONTESANO,  GARBARINO,  GIGLIO,
          BRABENEC, CASTORINA, FINCH,  RAIA,  CROUCH,  MOSLEY,  PALUMBO,  JONES,
          HAWLEY, M. L. MILLER, MALLIOTAKIS, DiPIETRO, FITZPATRICK, LALOR, OAKS,
          BARCLAY,  PALMESANO,  CURRAN,  BARRETT, LIFTON, FAHY, HEVESI, DICKENS,
          BARNWELL, BUCHWALD, TITUS, WILLIAMS, KOLB, BRINDISI, DINOWITZ, HOOPER,
          RODRIGUEZ, VANEL, RICHARDSON -- Multi-Sponsored by -- M. of A. BUTLER,
          DenDEKKER, FRIEND, McDONALD, PHEFFER AMATO,  SIMON,  WOERNER  --  read
          once  and  referred  to  the  Committee on Agriculture -- reported and
          referred to the Committee on Codes -- recommitted to the Committee  on
          Codes  in  accordance  with  Assembly  Rule  3,  sec.  2  -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        AN ACT to amend the agriculture and markets law, in relation to  expand-
          ing the definition of aggravated cruelty to animals to include harm to
          animals during the commission of a felony
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. This act shall be known and may  be  cited  as  "Kirby  and
     2  Quigley's Law."
     3    §  2.  Subdivision  1  of section 353-a of the agriculture and markets
     4  law, as added by chapter 118 of the laws of 1999, is amended to read  as
     5  follows:
     6    1. A person is guilty of aggravated cruelty to animals when[,]: either
     7    (a)  with  no  justifiable  purpose,  he or she intentionally kills or
     8  intentionally causes serious physical injury , as defined in subdivision
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06410-04-8

        A. 3038--B                          2
     1  twenty-nine of section one hundred eight of this chapter, to a companion
     2  animal with aggravated cruelty[.]; or
     3    (b)  in  the  course of commission of a felony, or of immediate flight
     4  therefrom, he or she causes intentional physical injury, as  defined  in
     5  subdivision  twenty-eight  of section one hundred eight of this chapter,
     6  or death to a companion animal.
     7    For purposes of this section, "aggravated cruelty" shall mean  conduct
     8  which:   (i) is intended to cause extreme physical pain; or (ii) is done
     9  or carried out in an especially depraved or sadistic manner.
    10    § 3. This act shall take effect immediately.