STATE OF NEW YORK
        ________________________________________________________________________

                                           96

                               2023-2024 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 4, 2023
                                       ___________

        Introduced by Sens. TEDISCO, ADDABBO, BRESLIN, HELMING, KENNEDY, O'MARA,
          SANDERS,  SEPULVEDA,  WEIK -- 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  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
     9  twenty-nine of section one hundred eight of this chapter, to a companion
    10  animal with aggravated cruelty[.]; or
    11    (b)  in  the  course of commission of a felony, or of immediate flight
    12  therefrom, he or she causes intentional physical injury, as  defined  in
    13  subdivision  twenty-eight  of section one hundred eight of this chapter,
    14  or death to a companion animal.
    15    For purposes of this section, "aggravated cruelty" shall mean  conduct
    16  which:   (i) is intended to cause extreme physical pain; or (ii) is done
    17  or carried out in an especially depraved or sadistic manner.
    18    § 3. This act shall take effect immediately.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00293-01-3