What's happening
This bill imposes additional penalties for animal abuse, including mandatory psychiatric evaluation and treatment, and changes record-sealing rules for youthful offenders.
Why it matters
Mandating psychiatric evaluation and potential treatment for animal abusers. recognizes a possible link between animal cruelty and underlying mental health issues, aiming to address root causes and reduce risk of future violence—either toward animals or humans.
Making youthful offender records for animal cruelty accessible for future prosecutions. removes confidentiality protections, which could have long-term legal and social consequences for young people convicted of these offenses, and may serve as a deterrent or enable tracking of repeat offenders.
Clarifying exemptions for scientific research, farming, hunting, and public safety. aims to ensure that the law does not unintentionally criminalize legitimate and necessary activities, balancing animal welfare concerns with agricultural, research, and environmental practices.
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Who cares
Headline styles
Increase Animal Abuse Penalties
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to domestic animal welfare
- Committee discharged and committed to domestic animal welfare
- Referred to agriculture
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
384
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sens. TEDISCO, BOYLE, O'MARA -- 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 imposing additional penalties for animal abuse
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 353 of the agriculture and markets law, as amended by chapter 458 of the laws of 1985 and the opening paragraph as amended by chapter 523 of the laws of 2005, is amended to read as follows:
§ 353. Overdriving, torturing and injuring animals; failure to provide proper sustenance. 1. A person who overdrives[,] or overloads[, tortures or cruelly beats or unjustifiably injures, maims, mutilates or kills] any animal, whether wild or tame, and whether belonging to himself or to another, or deprives any animal of necessary sustenance, food or drink, or neglects or refuses to furnish it such sustenance or drink, or causes, procures or permits any animal to be overdriven, overloaded, [tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or killed,] or to be deprived of necessary food or drink, or who wilfully sets on foot, instigates, engages in, or in any way furthers any such act of cruelty to any animal, or any such act tending to produce such cruelty, is guilty of a class A misdemeanor and for purposes of paragraph (b) of subdivision one of section 160.10 of the criminal procedure law, shall be treated as a misdemeanor defined in the penal law.
2. The court, for a person who tortures or cruelly beats or unjustifiably injures, maims, mutilates or kills any animal, whether wild or tame, and whether belonging to himself or another, or who causes, procures or permits any animal to be tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or killed shall, in addition to any other penalty otherwise imposed by law for a violation of this
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05178-01-9
S. 384 2
section order an immediate and thorough psychiatric analysis and evaluation by a competent professional, and where necessary require a person who violates any of such provisions to enter into and successfully complete any treatment or program deemed helpful in modifying behavior patterns or treating any mental illness which may cause or contribute to such illegal activities.
3. Notwithstanding any inconsistent provision of the family court act, or any other provision of law where a person deemed a youthful offender violates any provision of this section, any record or matter considered in connection with the adjudication entered with respect to the same shall not be sealed or otherwise protected from disclosure and may be used for any lawful purpose in any subsequent prosecution, whenever commenced.
4. Nothing [herein] contained in this section shall be construed to prohibit or interfere with any properly conducted scientific tests, experiments or investigations, involving the use of living animals, performed or conducted in laboratories or institutions, which are approved for these purposes by the [state] commissioner of health. The [state] commissioner of health shall prescribe the rules under which such approvals shall be granted, including therein standards regarding the care and treatment of any such animals. Such rules shall be published and copies thereof conspicuously posted in each such laboratory or institution. The [state] commissioner of health or his duly authorized representative shall have the power to inspect such laboratories or institutions to insure compliance with such rules and standards. Each such approval may be revoked at any time for failure to comply with such rules and in any case the approval shall be limited to a period not exceeding one year.
Nothing contained in this section shall be construed to prohibit or interfere in any way with anyone lawfully engaged in hunting, trapping, or fishing, as defined by the environmental conservation law; or with the routine management of a farming operation; or the eradication of vermin; or the dispatch of rabid or diseased animals or animals posing an imminent threat to human safety.
§ 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
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 imposing additional penalties for animal abuse
Purpose or general idea of bill
To prevent the crime of animal cruelty through evaluation and treatment of offenders.
Summary of specific provisions
Provides that a person convicted of animal abuse or neglect would be required to undergo a psychiatric evaluation and treatment as warranted.
Provides that, notwithstanding any inconsistent provision of law, records of the crimes committed under this statute by youthful offenders shall not be sealed.
Establishes that this legislation would not prohibit or interfere with the legal practice of hunting, trapping or fishing, as defined by the Ag & Markets Law, or the routine management of a farming operation, or the eradication of vermin, or the dispatch of rabid or diseased animals or animals posing an imminent threat to human safety.
Justification
In addition to raising the penalties, it is also necessary to require a psychiatric evaluation for every person convicted of animal abuse, with provisions for treatment when recommended and periodic re-evaluation for a period of time following conviction. This is needed to ensure that the pattern of abuse -- and potential abusers -- is identified.
This bill also empowers the criminal justice system to track youthful offenders who commit such crimes after the age when such record would normally be sealed. It is important that Family Court does not become a shield against the protection of our society.
Prior legislative history
01/07/15: S.0814 REFERRED TO AGRICULTURE 01/06/16: S.0814 REFERRED TO AGRICULTURE 02/02/17: S.4043 REFERRED TO AGRICULTURE 01/03/18: S.4043 REFERRED TO AGRICULTURE
Fiscal implications
No new fiscal impact.
Effective date
This act shall take effect on the first of November next succeeding the date on which it shall become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.