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A831Assembly2019-2020 Session

Relates to aggravated cruelty to animals in the presence of a child

Sponsor Linda RosenthalAD-67Affects Economy
Status
In Assembly Committee
Agriculture
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Agriculture

What's happening

This bill increases penalties for aggravated cruelty to animals committed in the presence of a child under eighteen.

Why it matters

  1. Recognizes the psychological harm to children. By increasing penalties specifically when animal cruelty occurs in front of minors, the bill acknowledges research showing that witnessing violence can have lasting emotional and psychological effects on children.

  2. Targets environments of abuse. The amendment aims to address situations where children may be exposed to multiple forms of violence or trauma in the household, potentially breaking cycles of abuse that involve both animals and humans.

  3. Expands prosecutorial tools. Law enforcement and prosecutors would have a stronger legal basis and more severe penalties to pursue in cases involving animal cruelty witnessed by children, which could lead to more aggressive intervention and deterrence.

  4. Clarifies legal definitions. By explicitly defining "in the presence of a child" as being in the physical presence of anyone under 18 who can see or hear the act, the law reduces ambiguity and helps ensure consistent application in court.

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Who cares

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Sponsors

Primary sponsor
Linda Rosenthal

Assembly Member · Assembly District 67

No co-sponsors yet.

History

  1. Referred to agriculture
  2. Referred to agriculture

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

831

2019-2020 Regular Sessions

IN ASSEMBLY

January 11, 2019

Introduced by M. of A. L. ROSENTHAL -- read once and referred 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.

LBD02462-01-9

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.