Recodifies the animal cruelty laws from the agriculture and markets law to the penal law; repealer

Summary of specific provisions

Section 1 amends the penal law by adding a new article 236. The new article 236 recodifies the animal cruelty laws currently provided in article 26 of the agriculture and markets law by moving them, in their entirety, to the penal law. No substantive changes are being made, only conforming technical changes.

Section 2 repeals article 26 of the agriculture and markets law in connection with the foregoing recodification.

Section 3 amends paragraph (a) of subdivision 24 of section 108 :of the agriculture and markets la\v by making conforming technical changes.

Section 4 amends paragraph (b) of subdivision 2 of section 121 of the agriculture and markets law by making conforming technical changes.

Section 5 amends subparagraph 2 of paragraph (f) of subdivision 1 of section 530.12 of the criminal procedure law by making conforming tech- nical changes.

Section 6 amends subparagraph 2 of paragraph (c) of subdivision 1 and subparagraph 2 of paragraph (c) of subdivision 4 of section 530.13 of the criminal procedure law by making conforming technical changes.

Section 7 amends the opening paragraph of paragraph e of subdivision 6 of section 110103 of the environmental conservation law by making conforming technical changes.

Section 8 amends paragraph f of subdivision 9 of section 11-0917 of the environmental conservation law by making conforming technical changes.

Section 9 amends subdivision 6 of section 399-aa of the general business law by making conforming technical changes.

Section 10 amends section 750-t of the general business law by making conforming technical changes.

Section 11 amends subdivision 1 of section 352.3 of the family court act by making conforming technical changes.

Section 12 amends paragraph 2 of subdivision (h) of section 446 of the family court act by making conforming technical changes.

Section 13 amends paragraph 2 of subdivision (i) of section 551 of the family court act by making conforming technical changes.

Section 14 amends paragraph 2 of subdivision (i) of section 656 of the family court act by making conforming technical changes.

Section 15 amends paragraph 2 of subdivision (h) of section 759 of the family court act by making conforming technical changes.

Section 16 amends paragraph 2 of subdivision (i) of section 842 of the family court act by making conforming technical changes.

Section 17 amends paragraph 2 of subdivision (g) of section 1056 of the family court act by making conforming technical changes.

Section 18 amends subdivision d of section 20- 383 of the administrative code of the city of New York by making conforming technical changes.

Section 19 amends section 80 of the agriculture and markets law by making conforming technical changes.

Section 20 amends subdivision 3 of section 404 of the agriculture and markets law by making conforming technical changes.

Section 21 amends section 407 of the agriculture and markets law by making conforming technical changes.

Section 22 amends subdivisions 56, 68 and 79 of section 2.1 0 of the criminal procedure law by making conforming technical changes.

Section 23 amends paragraph (i) of subdivision 1 of section 750-h of the general business law by making conforming technical changes.

Section 24 amends section 753-d of the general business law by making conforming technical changes.

Section 25 provides that the act will take effect immediately.

Justification

Judges, prosecutors and police officers often do not take acts of animal cruelty as seriously as they should. A major reason for this is that the provisions making the underlying conduct a crime are found in the agriculture and markets law rather than the penal law. Often, criminal acts which are not specified within the penal law are not viewed as "real crimes." The agriculture and markets law is also not associated with criminal conduct in general or animal cruelty in partic- ular. Moreover, while judges, prosecutors and police officers are gener-

ally quite familiar with the provisions of the penal law, they are generally much less familiar with the provisions of the agriculture and markets law.

While the efforts of the peace officers of the local societies for the prevention of cruelty animals (SPCAs) are laudable, to maximize enforce- ment of these laws and deterrence of the underlying conduct, these efforts need to be supplemented by a broader, stepped-up enforcement effort of animal cruelty laws by local police and sheriff departments. Placing animal cruelty provisions in the penal law will assist these local law enforcement agencies in taking a more aggressive posture. The interest of local law enforcement in enforcing animal cruelty laws, particularly in the urban areas of our State, is significant. Many of the people who commit acts of animal cruelty are also involved in other significant criminal activity involving violence (including abuse of women and children), gangs, narcotics and the weapons trade.

Legislative history

A7813

Fiscal implications

None to the State.

Effective date

This act will take effect immediately.