New York S 9399: Establishes the crime of endangering the welfare of a companion animal or farm animal

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S09399 Summary:

BILL NOS09399 

&nbsp

SAME ASSAME AS A06602

&nbsp

SPONSORMARTINEZ

&nbsp

COSPNSRCOONEY, MURRAY

&nbsp

MLTSPNSR

&nbsp

Add §§387 & 388, Ag & Mkts L

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Establishes the crime of endangering the welfare of a companion animal or farm animal in the first and second degree.

Go to top S09399 Actions:

BILL NOS09399 

&nbsp

03/09/2026REFERRED TO AGRICULTURE

Go to topS09399 Committee&nbspVotes:

Go to topS09399 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS09399 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9399

 IN SENATE

 March 9, 2026
 ___________

 Introduced by Sen. MARTINEZ -- 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 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
 24 imprisonment imposed for violation of this section shall be a definite
 25 sentence, which may not exceed one year.
 26 § 388. Endangering the welfare of a companion animal or farm animal in
 27 the first degree. 1. A person is guilty of endangering the welfare of a

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09495-01-5

 S. 9399 2

 1 companion animal or farm animal in the first degree when, being the
 2 owner, caretaker, or harborer of such companion or farm animal and
 3 whether belonging to themselves or another, such person:
 4 (a) with intent, engages in conduct which creates or causes physical
 5 injury to a companion animal or farm animal;
 6 (b) knowingly acts in a manner likely to cause suffering or be injuri-
 7 ous to the physical welfare of a companion animal or farm animal;
 8 (c) recklessly causes suffering, physical pain, or death to a compan-
 9 ion animal or farm animal; or
 10 (d) with criminal negligence, causes serious physical injury or death
 11 to a companion animal or farm animal.
 12 2. The following shall not be considered a violation of this section:
 13 (a) actions taken by the owners of farm animals or their agents to
 14 slaughter such animals for commercial or subsistence purposes;
 15 (b) routine care and maintenance actions taken by the owner of farm
 16 animals or their agents which are reasonably considered standard prac-
 17 tices in animal husbandry;
 18 (c) procedures and operations performed on farm animals or companion
 19 animals by a duly licensed veterinarian; and
 20 (d) research or testing procedures performed within facilities on
 21 animals used in food or fiber production, agricult