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Sponsors
Senator · Senate District 40
2 Co-sponsors
History
- Referred to agriculture
- Referred to agriculture
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Imposes additional penalties upon persons convicted of animal abuse
In Assembly Committee · Agriculture · Sponsor James Tedisco
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S3805
Title of bill
An act to amend the agriculture and markets law, in relation to imposing additional penalties for animal abuse
Purpose
To impose additional penalties upon persons convicted of animal abuse.
Summary of provisions
Section 353 of the agriculture and markets law, as amended by chapter 458 of the laws of 1985 and the opening paragraph as amended by chapter 523 of the laws of 2005, is amended to read as follows: Section 2. The court, for a person who tortures or cruelly beats or unjustifiably injures, maims, mutilates or kills any animal, whether wild or tame, and whether belonging to himself or another, or who causes, procures or permits any animal to be tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or killed, shall, in addition to any other penalty otherwise imposed by law for a violation of this section order an immediate and thorough psychiatric analysis and evaluation by a competent professional, and where necessary require a person who violates any of such provisions to enter into and successfully complete any treatment or program deemed helpful in modifying behavior patterns or treating any mental illness which may cause or contribute to such illegal activities. Section 3. Notwithstanding any inconsistent provision of the family court act, or any provision of law where a person deemed a youthful offender violates any provision of this section, any record or matter considered in connection with the adjudication entered with respect to the same shall not be sealed or otherwise protected from disclosure and may be Used for any lawful purpose in any subsequent prosecution, whenever commenced. Section 4. Nothing contained in this section shall be construed to prohibit or interfere in any way with anyone lawfully engaged in hunting, trapping, or fishing, as defined by the environmental conservation law; or with the routine management of a fanning operation; or the eradication of vermin; or the dispatch of rabid or diseased animals or animals posing an imminent threat to human safety.
Justification
In addition to raising penalties for animal abuse and cruelty, it is also necessary to require a psychiatric evaluation for every person convicted of animal abuse, with provisions for treatment when recommended and periodic reevaluation for a period of time following conviction. This is needed to ensure that the pattern of abuse -- and potential abusers -is identified. This bill also empowers the criminal justice system to track youthful offenders who
commit such crimes after the age when such record would normally be sealed.
Legislative history
New bill in Senate.
Fiscal implications
No new fiscal impact.
Effective date
This act shall take effect on the first of November next succeeding the date on which it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.