What's happening
This bill increases penalties for aggravated animal cruelty, especially when committed in the presence of a child, making it a class D felony.
Why it matters
Raises the legal consequences. for aggravated cruelty to animals, making it a class E felony in all cases and a more serious class D felony if the act is committed in front of a child—this signals a stronger stance against animal cruelty and recognizes the psychological harm exposure can cause to children.
Defines “in the presence of a child”. specifically as knowing (or having reason to know) a child under 18 can see or hear the act, which clarifies the law and could aid in prosecution, while also acknowledging the impact on young witnesses.
Mandates definite prison sentences. (not to exceed two years) for convictions, removing judicial discretion for non-custodial sentences and thereby ensuring more consistent and predictable punishment for those found guilty.
Could have broader deterrent and public health effects. by addressing the link between animal cruelty, childhood trauma, and later violent behavior, potentially reducing both animal abuse and future violence in the community.
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Who cares
Headline styles
Increase Penalties for Animal Abuse
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Reported and committed to rules
- 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.
Increase Penalties for Animal Cruelty
In Assembly Committee · Codes · Sponsor Linda Rosenthal
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2470
2017-2018 Regular Sessions
IN SENATE
January 13, 2017
Introduced by Sen. LAVALLE -- 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 acts of animal cruelty in the presence of a child
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivisions 1 and 3 of section 353-a of the agriculture and markets law, as added by chapter 118 of the laws of 1999, are amended to read as follows:
1. A person is guilty of aggravated cruelty to animals when, with no justifiable purpose, he or she intentionally kills or intentionally causes serious physical injury to a companion animal with aggravated cruelty. For purposes of this section, "aggravated cruelty" shall mean conduct which: [(i)] (a) is intended to cause extreme physical pain; or [(ii)] (b) is done or carried out in an especially depraved or sadistic manner.
3. [Aggravated cruelty to animals is a felony. A defendant convicted of this offense shall be sentenced pursuant to paragraph (b) of subdivision one of section 55.10 of the penal law provided,] (a) Any person who commits one or more of the acts specified in subdivision one of this section is guilty of a class E felony; provided however, that any term of imprisonment imposed for [violation] a conviction of this section shall be a definite sentence, which may not exceed two years.
(b) Any person who commits one or more of the acts specified in subdivision one of this section in the presence of a child is guilty of a class D felony. For the purposes of this section, "in the presence of a child" shall mean in the physical presence of a child under the age of eighteen knowing or having reason to know that a child is present and may see or hear such act.
§ 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05365-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the agriculture and markets law, in relation to acts of animal cruelty in the presence of a child
Purpose
The purpose of this legislation is to amend the definition of child endangerment and other related statutes to include committing acts of animal cruelty in the presence of a child and to strengthen penalties for existing animal cruelty charges when committed in the presence of a child.
Summary of provisions
Section 1. Amends subdivision 1 and 3 of section 353-a of the agriculture and markets law, as added by chapter 118 of the laws of 1999.
Section 2. Sets the effective date.
Justification
Adults who commit acts of animal cruelty in the presence of a child inflict psychological damage on the minor who is forced to witness these crimes. They can also permanently imperil a still-developing minor's sense of judgment and ethical conduct. By increasing the penalty for animal cruelty when engaging in such cruelty in the presence of a child, this behavior can be curtailed and its consequences' can be more thoroughly recognized.
Legislative history
2016 S.6580
Fiscal implications
None.
Effective date
This act shall take effect on the one hundred and eightieth day after 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.