What's happening
Phoenix's Law increases penalties for aggravated cruelty to animals, doubling maximum prison time, raising fines, and requiring psychiatric evaluation.
Why it matters
Doubling of Maximum Prison Time and Fines. By increasing the maximum prison sentence for aggravated animal cruelty from two to four years and raising the potential fine to $10,000, the law aims to make punishments more severe, signaling a stronger societal condemnation of such acts and potentially deterring would-be offenders.
Mandatory Psychiatric Evaluation. The requirement for every convicted individual (including youthful offenders) to undergo a psychiatric evaluation introduces a focus on assessing underlying mental health issues that may contribute to animal cruelty, addressing root causes rather than just punishing behavior.
Court-Ordered Treatment. The law empowers judges to require offenders to attend and pay for mental health treatment or programs as needed, which could reduce recidivism and improve public safety by ensuring that those who commit aggravated cruelty receive targeted intervention.
Reflects Changing Social Attitudes. These changes reflect growing recognition of the link between animal cruelty and broader violent behavior, and position New York as a state taking stronger action to protect animals and potentially prevent future crimes against both animals and humans.
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Who cares
Headline styles
Increase Animal Abuse Penalties
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
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2472
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 increasing certain penalties for aggravated cruelty to animals
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. This act shall be known and may be cited as "Phoenix's law".
§ 2. Subdivision 3 of section 353-a of the agriculture and markets law, as added by chapter 118 of the laws of 1999, is amended to read as follows:
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, however, that any term of imprisonment imposed for violation of this section shall be a definite sentence, which may not exceed two years] to a period of imprisonment not to exceed four years, by a fine not to exceed ten thousand dollars or by both such fine and imprisonment. In addition to any other penalty provided by law, the court shall order any defendant convicted of this offense, including a defendant who has been adjudicated a youthful offender, to undergo a psychiatric evaluation by a qualified mental health professional and may require that such person, at his or her own expense, enter and complete any treatment or program deemed necessary to treat any mental disease, mental defect or mental condition, which may have caused or contributed to such offense.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07850-01-7
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 increasing certain penalties for aggravated cruelty to animals
Purpose
To increase penalties for committing the crime of aggravated cruelty to animals.
Summary of provisions
Amends subdivision 3 of section 353-a of Agriculture and Markets Law to increase the penalty for the crime of aggravated cruelty to animals, committed when a person, for no justifiable purpose, intentionally kills or intentionally causes serious physical injury to a companion animal with aggravated cruelty, from a felony (punishable by a definite sentence not to exceed two years and/or a fine not to exceed $5,000) to a felony (punishable by up to four years imprisonment and/or a fine not to exceed $10,000). This amendment of subdivision 3 of section 353-a of Agriculture and Markets Law also directs the court to require any person convicted of or adjudicated a youthful offender for the crime of aggravated cruelty to animals to undergo psychiatric evaluation/treatment at his or her own expense.
Justification
Animal cruelty is a heinous crime that touches families and their beloved pets. It is a wanton act that requires serious consequences. This bill will give judges the ability to further discipline offenders. Further, animal cruelty is considered by many experts to indicate the predisposition for future acts of violence. Ensuring mental health treatment for those convicted of such actions can only assist with the possibility of reducing this possibility.
Legislative history
2015-16 S.4375/A.358; 2013-14 S.2129/A.835.
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.