New York Assembly Bill A06602 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 6602 2025-2026 Regular Sessions  IN ASSEMBLY March 6, 2025 ___________ Introduced by M. of A. LUNSFORD -- read once and referred to the Commit- tee on Agriculture AN ACT to amend the agriculture and markets law, in relation to estab- lishing the crime of endangering the welfare of a companion animal or farm animal The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The agriculture and markets law is amended by adding two 2 new sections 387 and 388 to read as follows: 3 § 387. Endangering the welfare of a companion animal or farm animal in 4 the second degree. 1. A person is guilty of endangering the welfare of a 5 companion animal or farm animal in the second degree when such person 6 recklessly engages in conduct which is likely to cause suffering or be 7 injurious to the physical welfare of such companion or farm animal. The 8 following shall not be considered a violation of this section: 9 (a) actions taken by the owners of farm animals or their agents to 10 slaughter such animals for commercial or subsistence purposes; 11 (b) routine care and maintenance actions taken by the owner of farm 12 animals or their agents which are reasonably considered standard prac- 13 tices in animal husbandry; 14 (c) procedures and operations performed on farm animals or companion 15 animals by a duly licensed veterinarian; and 16 (d) research or testing procedures performed within facilities on 17 animals used in food or fiber production, agriculture, research, test- 18 ing, or education, as defined under section three hundred seventy-eight 19 of this article. 20 2. Endangering the welfare of a companion animal or farm animal in the 21 second degree is a class A misdemeanor. A defendant convicted of this 22 offense shall be sentenced pursuant to paragraph (b) of subdivision two 23 of section 55.10 of the penal law, provided, however, that any term of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09495-01-5 
 A. 6602 2 1 imprisonment imposed for violation of this section shall be a definite 2 sentence, which may not exceed one year. 3 § 388. Endangering the welfare of a companion animal or farm animal in 4 the first degree. 1. A person is guilty of endangering the welfare of a 5 companion animal or farm animal in the first degree when, being the 6 owner, caretaker, or harborer of such companion or farm animal and 7 whether belonging to themselves or another, such person: 8 (a) with intent, engages in conduct which creates or causes physical 9 injury to a companion animal or farm animal; 10 (b) knowingly acts in a manner likely to cause suffering or be injuri- 11 ous to the physical welfare of a companion animal or farm animal; 12 (c) recklessly causes suffering, physical pain, or death to a compan- 13 ion animal or farm animal; or 14 (d) with criminal negligence, causes serious physical injury or death 15 to a companion animal or farm animal. 16 2. The following shall not be considered a violation of this section: 17 (a) actions taken by the owners of farm animals or their agents to 18 slaughter such animals for commercial or subsistence purposes; 19 (b) routine care and maintenance actions taken by the owner of farm 20 animals or their agents which are reasonably considered standard prac- 21 tices in animal husbandry; 22 (c) procedures and operations performed on farm animals or companion 23 animals by a duly licensed veterinarian; and 24 (d) research or testing procedures performed within facilities on 25 animals used in food or fiber production, agriculture, research, test- 26 ing, or education, as defined under section three hundred seventy-eight 27 of this article. 28 3. Endangering the welfare of a companion animal or farm animal in the 29 first degree is a class E felony. A defendant convicted of this offense 30 shall be sentenced pursuant to paragraph (b) of subdivision one of 31 section 55.10 of the penal law provided however, that any term of impri- 32 sonment imposed for violation of this section shall be a definite 33 sentence, which may not exceed two years. 34 § 2. This act shall take effect on the sixtieth day after it shall 35 have become a law.