Include Wildlife Under New York Felony Cruelty Law
From the New York Bird Club:
Assemblymember Linda B. Rosenthal has sponsored Bill A.7870-A, co-sponsored in the Senate by Senator Frank Padavan (S.5206-A), which would amend the agriculture and markets law to include wildlife in the scope of the aggravated cruelty law. Currently, only companion animals are protected by New York State's aggravated cruelty statute.
Every year, many reports surface of egregious cases in which wild animals have been captured and tortured. This bill would allow these cases to be prosecuted under the felony animal cruelty statute.
A.7870-A will not affect lawful hunting, trapping, fishing, experimentation, or the killing of animals that pose a threat to human or animal safety. Fish and insects are not included within the definition of wildlife for the purposes of this bill.
In order to be charged with a felony under the aggravated cruelty statute, conduct must meet a high threshold: the law requires proof of intent to cause extreme physical pain, or proof of especially depraved or sadistic conduct.In reported cases of brutal treatment toward wild animals, where this threshold has been met, law enforcement officers have only had the option of seeking a misdemeanor charge, which ultimately resulted in insignificant fines and no jail time.
This bill is important not only for the protections it affords to animals, but also because of the link between violence against humans and animal cruelty, which the FBI has recognized since the 1970s. Stopping
violent criminals before they move on to human victims is one important goal of this bill.
New York needs to update its laws by passing A7870-A.The bill is moving in the Assembly and has been reported from the Agriculture committee to the Codes committee.
WHAT YOU CAN DO
Please contact the following people, to urge them to report the bill to the floor for a vote before session ends:
Hon. Sheldon Silver
Speaker, New York State Assembly
932 LOB
Albany, NY12248
Email:
mailto:[http://app.icontact.com/mc/compose?to=speaker@assembly.state.ny.us%5d
speaker@assembly.state.ny.us
Phone: 518-455-3791
Fax: 518-455-5150
Hon. Joe Lentol*Chair, Codes Committee****
New York State Assembly632 LOB
Albany, NY 12248
Email: [mailto:lentol@assembly.state.ny.us] lentol@assembly.state.ny.us
Phone: 518-455-4477 Fax: 518-455-4599*
Seth Agata*Principal Legislative CoordinatorProgram Counsel Staff
New York State Assembly
AES Office Bldg., 23rd Floor
Albany, New York 12248
Email: [mailto:agatas@assembly.state.ny.us] agatas@assembly.state.ny.us
Phone: 518-455-4313Fax: 518-455-3669--
Linda B. Rosenthal
Member of Assembly -
District 67
230 West 72nd Street, Suite 2F
New York, NY 10023
212-873-6368F:
mailto:[http://app.icontact.com/mc/compose?to=212-873-6520rosenthall@assembly.state.ny.us%5d
212-873-6520
[mailto:rosenthall@assembly.state.ny.us] rosenthall@assembly.state.ny.us
SAMPLE LETTER
DATE:_________________________
Hon. Sheldon Silver
Speaker, New York State Assembly
932 LOB
Albany, NY12248Dear Speaker Silver:
I am very concerned about ensuring the passage of Bill A.7870-A in the Assembly. This is a crucial piece of legislation with the simple and important goal of extending existing animal cruelty protections to
wildlife. The current felony animal cruelty law protects only companion animals.Felony animal cruelty laws in more than 30 states are not limited to companion animals. New York is one of only 12 states whose laws only protect companion animals. A.7870-A will not affect lawful hunting, trapping, fishing, experimentation, or the killing of animals that pose a threat to human or
animal safety. Fish and insects are not included within the definition of wildlife for the purposes of this bill.Extreme cruelty to animals is not only wrong on its face; it is a deeply troubling predictor of heinous violence against human beings. The FBI has recognized the link between violence against humans and animal cruelty since the 1970s, when its analysis of serial killers revealed that most had previously killed or tortured animals. According to a Northeastern University study, animal abusers are 5 times more likely to commit violent crimes against people than are people without a history of cruelty to animals.
Aggravated cruelty to wildlife is already occurring in New York State. In the Bronx, a group of teenaged boys stabbed a pair of swans to death. It was a vicious attack that more than met the standard of proof required to charge a person with aggravated animal cruelty-there was intent to cause extreme physical pain, and the conduct was especially depraved or sadistic.
Other examples include a baby goose that was beaten to death with a hockey stick in Potsdam, birds trapped and crushed to death on Long Island, and a car deliberately swerving to hit a fawn in West Eaton.
The torture of an animal should be a felony regardless of whether the victim is wild or domestic. This bill would apply only to the same brutal acts existing law already bans.It would simply place wildlife in the same protected category as companion animals.
Your leadership in the Assembly helped pass the original felony animal cruelty law, Buster's Law. Please act now to pass this very important bill.
Sincerely,
cc:
Hon. Joe Lentol, Chair, Codes Committee
Seth Agata, Principal Legislative Coordinator
From New York Assembly Member Linda Rosenthal:
I am reaching out to you today because you have contacted me in the past about your concerns for animal welfare, and I wanted to let you know about a bill that I am working on in the Assembly that I believe you might be interested in.
I have sponsored Bill A.7870-A, co-sponsored in the Senate by Senator Frank Padavan (S.5206-A), which would amend the agriculture and markets law to include wildlife in the scope of the aggravated cruelty law.
Currently, only companion animals are protected by New York State's aggravated cruelty statute. Every year, many reports surface of egregious cases in which wild animals have been captured and tortured. This bill would allow these cases to be prosecuted under the felony animal cruelty statute.
I am asking for your help in moving this bill forward. For the first time, A.7870-A was reported from the Agriculture committee, but it is currently in the Codes Committee. With your help, I am hopeful we can get
this bill to the floor of the Assembly and vote it into law this year.
Thank you in advance for your tireless advocacy on behalf of animals, and
please feel free to contact me if you have any questions.
Sincerely,
Linda B. Rosenthal
Member of Assembly

