What's happening
This bill increases penalties for animal fighting and aggravated cruelty to animals, making certain offenses felonies with higher fines and longer prison terms.
Why it matters
Significantly increases potential prison time and fines. for those convicted of animal fighting and aggravated cruelty, signaling a stronger deterrent and a shift in how seriously these crimes are treated.
Upgrades certain offenses from misdemeanors to felonies,. which can have long-term consequences for offenders, including a permanent criminal record and restrictions on rights, thereby raising the stakes for those considering or involved in animal abuse.
Mandates psychiatric evaluation and possible treatment. for those convicted of aggravated cruelty to animals, recognizing a potential link between animal abuse and underlying mental health issues, and aiming for rehabilitation to prevent future offenses.
Expands judicial tools to address animal cruelty,. potentially improving public safety and animal welfare by holding offenders more accountable and addressing root causes of violent behavior.
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Who cares
Headline styles
Tougher Penalties for Animal Cruelty
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to domestic animal welfare
- Committee discharged and committed to domestic animal welfare
- 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.
Increase Animal Cruelty Penalties
In Assembly Committee · Agriculture · Sponsor Linda Rosenthal
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
385
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sens. TEDISCO, BOYLE, O'MARA, RANZENHOFER, ROBACH -- 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 increasing certain penalties for violating the prohibition of animal fighting and for aggravated cruelty to animals
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The opening paragraph of subdivision 2 of section 351 of the agriculture and markets law, as amended by chapter 190 of the laws of 2004, is amended to read as follows:
Any person who engages in any of the following conduct is guilty of a felony punishable by imprisonment for a period not to exceed [four] six years, or by a fine not to exceed [twenty-five] thirty thousand dollars, or by both such fine and imprisonment:
§ 2. Paragraph (a) of subdivision 3 of section 351 of the agriculture and markets law, as added by chapter 150 of the laws of 1984, is amended to read as follows:
(a) Any person who engages in conduct specified in paragraph (b) of this subdivision is guilty of a [misdemeanor] felony and is punishable by imprisonment for a period not to exceed [one year] four years, or by a fine not to exceed [fifteen] twenty thousand dollars, or by both such fine and imprisonment.
§ 3. Paragraph (a) of subdivision 4 of section 351 of the agriculture and markets law, as added by chapter 150 of the laws of 1984, is amended to read as follows:
(a) Any person who engages in conduct specified in paragraph (b) [hereof] of this subdivision is guilty of a [misdemeanor] felony and is punishable by imprisonment for a period not to exceed [one year] two
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03688-01-9
S. 385 2
years, or by a fine not to exceed [one] ten thousand dollars, or by both such fine and imprisonment.
§ 4. 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] to a period of imprisonment not to exceed four years, by a fine not to exceed ten thousand dollars or by both such fine and imprisonment. In addition to any other penalty provided by law, the court shall order any defendant convicted of this offense, including a defendant who has been adjudicated a youthful offender, to undergo a psychiatric evaluation by a qualified mental health professional and may require that such person, at his or her own expense, enter and complete any treatment or program deemed necessary to treat any mental disease, mental defect or mental condition, which may have caused or contributed to such offense.
§ 5. This act shall take effect immediately.
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 increasing certain penalties for violating the prohibition of animal fighting and for aggravated cruelty to animals
Purpose or general idea of bill
To increase penalties (maximum prison sentences and maximum fines) for engaging in animal fighting and committing the crime of Aggravated Cruelty to Animals (aka Buster's Law) and require psychiatric evaluation/treatment for those committing the crime of Aggravated Cruel- ty to Animals.
Summary of specific provisions
Section 1: Amends subdivision 2 of section 351 of Agriculture and Markets Law to increase the maximum prison sentence from four to six years, and increase the maximum fine from $25,000 to $30,000, for any person who engages in the following felony conduct: (1) for amusement or gain causes an animal to engage in animal fighting; or (2) trains any animal with an intent that such animal engage in animal fighting; or (3) breeds, sells or offers for sale, any animal with the intent that such animal engage in animal fighting; or (4) permits any of the aforemen- tioned acts to occur on a premises under his or her control; or (4) owns, possesses or keeps an animal trained to engage in animal fighting on the premises where animal fighting is being conducted with the intent that such animal engage in animal fighting.
Read the full memo (981 words)
Section 2: Amends paragraph (a) of subdivision 3 of section 351 of Agri- culture and Markets Law to increase the penalty for any person who owns, possesses or keeps an animal with the intent to engage such animal in animal fighting, from a misdemeanor (punishable by up to one year of jail and/or a fine not to exceed $15,000) to a felony (punishable by up to four years in prison and/or a fine not to exceed $20,000).
Section 3: Amends paragraph (a) of subdivision 4 of section 351 of Agri- culture and Markets Law to increase the penalty for a person who is knowingly present as a spectator having paid an admission fee or made a wager at any place where an exhibition of animal fighting is being conducted, from a misdemeanor (punishable by up to one year of jail and/or a fine not to exceed $1,000) to a felony (punishable by up to two years in prison and/or a fine not to exceed $10,000).
Section 4: Amends subdivision 3 of section 353-a of Agriculture and Markets Law to increase the penalty for the crime of Aggravated Cruelty to Animals, committed when a person, for no justifiable purpose, inten- tionally kills or intentionally causes serious physical injury to a companion animal with aggravated cruelty, from a felony (punishable by a definite sentence not to exceed two years and/or a fine not to exceed $5,000) to a felon (punishable by up to four years imprisonment and/or a fine not to exceed $10,000). Section 4 also directs the court to require any person convicted of or adjudicated a youthful offender for the crime of Aggravated Cruelty to Animals to under psychiatric evaluation/treatment at his or her own expense.
Section 5: Effective date.
Justification
The recent media fury surrounding Atlanta Falcon Michael Vick's dog fighting case including allegations that he brutally executed dogs not considered vicious or aggressive enough has focused attention on the gruesome world of animal fighting.
According to the U.S. Humane Society, dog fighting is illegal in all 50 states and the District of Columbia. Forty-eight states and the District of Columbia have made dog fighting a felony offense; 47 states prohibit the possession of dogs for fighting and 46 states prohibit being a spec- tator at a dog fight. In July 2007, the Humane Society ranked New York State 44th among states in the severity of its dog fighting laws. While the state considers dog fighting a felony, being a spectator (having paid an admission or made a bet) at these fights or owning or possessing a dog with the intent to use it in a dogfight are only misdemeanors. This bill would create felony penalties for these acts, significantly increasing both applicable prison terms and fines, to provide more mean- ingful deterrents against this blood sport.
The maximum prison term for the crime of Aggravated Cruelty to Animals(aka Buster's Law), the intentional killing or intentionally causing serious physical injury to a companion animal with animal cruel- ty is only two years and/or a $5,000 fine. Animal cruelty is viewed by experts as an indicator for future violence against humans. This bill would increase the maximum prison sentence to four years and maximum fine to $10,000, making the punishment more fitting of the crime.
Animal cruelty is viewed by experts as an indicator for future violence against humans. Since his 1997 arrest that led to "Buster's Law," Ches- ter Williamson has been imprisoned numerous times for crimes including Possession of Stolen Property and Attempted Burglary. In Fall 2007 his criminal path took a predictable turn with his arrest for attempted rape, sexual abuse and unlawful imprisonment of a 12-year-old girl. Requiring early intervention in the form of psychiatric evaluation and treatment would be another tool in the attempt to modify behavior patterns to halt this pattern for escalating abuse.
Prior legislative history
01/09/15: S.1174 Referred to Agriculture 01/06/16: S.1174 Referred to Agriculture 01/10/17: S.1712 REFERRED TO AGRICULTURE 05/16/17: S.1712 1ST REPORT CAL.935 05/17/17: 2ND REPORT CAL. 05/22/17: ADVANCED TO THIRD READING 06/06/17: S.1712 PASSED SENATE 06/06/17: S.1712 DELIVERED TO ASSEMBLY 06/06/17: S.1712 referred to agriculture 01/03/18: S.1712 died in assembly 01/03/18: S.1712 returned to senate 01/03/18: S.1712 REFERRED TO AGRICULTURE 06/05/18: S.1712 REPORTED AND COMMITTED TO RULES 06/05/18: S.1712 COMMITTEE DISCHARGED AND COMMITTED 06/06/18: S.1712 ORDERED TO THIRD READING CAL.1533 06/06/18: S.1712 PASSED SENATE 06/06/18: S.1712 DELIVERED TO ASSEMBLY 06/06/18: S.1712 referred to agriculture
Fiscal implications for state and local governments
None
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.