What's happening
This bill increases penalties for aggravated cruelty to animals, creating harsher felony charges if the act occurs in a child's presence.
Why it matters
Creates a higher felony class (D felony) for aggravated animal cruelty if it occurs in front of a child. , recognizing the potential traumatic impact on minors who witness such violence and aiming to deter acts that could harm children psychologically.
Mandates a definite prison sentence (up to 2 years) for aggravated cruelty convictions. , removing judicial discretion for lighter sentences and signaling a tougher stance on these offenses.
Specifies that offenders must know or have reason to know a child is present to trigger the harsher penalty. , meaning prosecutors must prove awareness, which could affect how cases are charged and defended.
Reflects a broader societal concern about the link between animal cruelty and other forms of violence. , and the importance of protecting both animals and vulnerable children from exposure to such acts.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Tougher Penalties for Animal Cruelty
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to domestic animal welfare
- Referred to domestic animal welfare
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 Abuse
In Assembly Committee · Codes · Sponsor Linda Rosenthal
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3327
2019-2020 Regular Sessions
IN SENATE
February 5, 2019
Introduced by Sen. LAVALLE -- read twice and ordered printed, and when printed to be committed to the Committee on Domestic Animal Welfare
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.
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 agricul- ture 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
2017-18 S.2470; 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.