What's happening
This bill increases penalties for aggravated animal cruelty committed in the presence of a child, allowing sentences up to four years.
Why it matters
Recognizes the added trauma to children. By increasing penalties for aggravated animal cruelty committed in front of minors, the bill acknowledges the psychological harm and potential desensitization children can experience when exposed to such violent acts.
Targets offenders’ awareness. The law only applies if the perpetrator knows or should reasonably know that a child is present and could see or hear the act, emphasizing accountability for offenders who commit cruelty in situations likely to impact children.
Strengthens deterrence and sentencing discretion. Allowing for sentences up to four years (double the previous maximum) gives courts greater flexibility to impose harsher penalties in particularly harmful cases, aiming to deter both animal abuse and the exposure of children to violence.
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Who cares
Headline styles
Tougher Penalties for Animal Abuse
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to agriculture
- Delivered to assembly
- Passed senateVote 60–1
- Advanced to third reading
- 2nd report cal.
- 1st report cal.491
- Referred to agriculture
- Returned to senate
- Died in assembly
- Referred to agriculture
- Delivered to assembly
- Passed senateVote 62–1
Show 4 earlier actions
- Advanced to third reading
- 2nd report cal.
- 1st report cal.931
- 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.
Harsher Penalties for Animal Abuse
In Assembly Committee · Agriculture · Sponsor Linda Rosenthal
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
728
2017-2018 Regular Sessions
IN SENATE
January 4, 2017
Introduced by Sen. RITCHIE -- 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 aggravated cruelty to animals 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. 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, except that any person who commits one or more of the acts specified in subdivision one of this section in the presence of a child may be sentenced to a period not to exceed four years. For 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 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.
LBD05263-01-7
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 aggravated cruelty to animals in the presence of a child
Purpose or general idea of bill
The purpose of this legislation is to curtail the performance of acts of cruelty against animals in front of children.
Summary of specific provisions
Section 1 amends subdivision 3 of section 353-a of the agriculture and markets law, as added by chapter 118 of the laws of 1999, relating to the commission of aggravated cruelty to animals in the presence of a child.
Section two sets forth 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 potential punishment 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.
Prior legislative history
New bill.
Fiscal implications
None.
Effective date
This act shall take effect on the one hundred and eightieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.