What's happening
This bill increases penalties for aggravated animal cruelty, especially if committed in the presence of a child under eighteen.
Why it matters
Raises the severity of animal cruelty offenses by specifically distinguishing cases committed in front of children, making these a higher-level felony (class D instead of class E). This reflects a recognition of the added psychological harm to minors witnessing such acts.
Imposes definite prison sentences (up to two years) for aggravated animal cruelty, removing previous sentencing flexibility. This change signals a legislative intent to ensure actual incarceration for offenders, rather than potential alternatives like probation.
Defines “in the presence of a child” broadly, applying to any situation where the perpetrator knows or should know a child under 18 could see or hear the act. This aims to close loopholes and increase accountability for animal cruelty that may traumatize young witnesses.
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Who cares
Headline styles
Tougher Penalties for Animal Abuse
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- Referred to codes
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.
Tougher Penalties for Animal Cruelty
In Senate Committee · Domestic Animal Welfare · Sponsor Kenneth P. LaValle
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2664
2019-2020 Regular Sessions
IN ASSEMBLY
January 24, 2019
Introduced by M. of A. L. ROSENTHAL, LUPARDO -- Multi-Sponsored by -- M. of A. COLTON, GLICK, LIFTON, McDONOUGH, THIELE -- read once and referred to the Committee on Codes
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.
LBD07677-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.