Increases the penalty for multiple convictions of torturing or failing to provide sustenance to an animal

6 Co-sponsors

• John J. Bonacic
• John A. DeFrancisco
• William J. Larkin Jr.
• Thomas P. Morahan
• Frank Padavan
• Dale M. Volker

Title of bill

An act to amend the agriculture and markets law, in relation to increasing the penalty for multiple convictions of torturing or failing to provide sustenance to an animal

Purpose or general idea of bill

To increase the penalty for the crime of animal cruelty to a class E felony.

Summary of specific provisions

Section one amends the opening paragraph of §353 of the Agriculture & Markets Law, as amended by Chapter 523 of the Laws of 2005, by adding language that would make any violation of this section within five years from the date of a prior conviction of any violation of this section a class E felony, punishable pursuant to the provisions of §353-a of this Article. Section two defines the effective date as the first of November following the enactment date.

Justification

Preventing those who abuse animals from committing similar acts in the future is one of the purposes of New York's animal cruelty laws. Raising the penalty to a felony for subsequent acts of cruelty that occur within five years of a prior conviction of this section will help law enforcement curb these activities by imposing lengthier periods of court supervision or imprisonment, as deemed appropriate. Moreover, cruelty toward animals has been linked to future violence toward human victims, particularly vulnerable people such as children. Treating repeat offenses of animal cruelty as felonies is consonant with the goal of preventing future violence toward human and animal victims.

Legislative history

2004: Senate Agriculture Cmte./Assembly Agriculture Cmte. 2005-06: Senate Agriculture Cmte./Assembly Agriculture Cmte. 2007-08: Senate Agriculture Cmte./Assembly Agriculture Cmte.

Fiscal implications

None.

Effective date

The first of November following the date of enactment.