Skip to content
S5569Senate2019-2020 Session

Add More Pretrial Jail Offenses

Official title

“Relates to adding additional qualifying offenses for which an individual may be held in custody pending trial”

Sponsor Monica MartinezSD-3Affects Legal
Status
In Senate Committee
Codes
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill adds certain animal cruelty offenses to the list of crimes for which individuals may be held in custody pending trial.

Why it matters

  1. Expands pretrial detention eligibility. By including serious animal cruelty charges, the bill allows judges to hold individuals accused of these offenses in custody before trial, treating them similarly to other crimes considered dangerous to the community.

  2. Signals greater recognition of animal cruelty’s seriousness. The change reflects a legislative stance that animal cruelty can be a predictor or indicator of broader violent behavior, aligning with research on the link between animal abuse and other forms of violence.

  3. Potential deterrent effect and community protection. By making pretrial detention possible for these offenses, the bill aims to deter animal cruelty and prevent further harm to animals and potentially to people while the accused awaits trial.

  4. Could affect bail reform debates. This amendment carves out exceptions to recent bail reform laws, possibly influencing discussions about the balance between public safety, pretrial liberty, and the scope of qualifying offenses for detention.

The daily · weekday mornings

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

  • People charged with animal cruelty or animal fighting

    The bill would make the listed offenses qualifying charges for which defendants could be held in custody pending trial.

  • Criminal court judges and prosecutors

    The bill would expand the qualifying-offense list to include animal mistreatment, failure to provide proper sustenance, aggravated animal cruelty and animal fighting.

  • Defense attorneys

    Clients facing the listed animal-related charges could face pretrial custody under the expanded qualifying-offense list.

  • Animal welfare advocates

    The bill would allow pretrial custody for defendants charged with the specified animal cruelty and animal fighting offenses.

Headline styles

Add More Pretrial Jail Offenses

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Monica Martinez

Senator · Senate District 3

Chair, Domestic Animal Welfare

No co-sponsors yet.

History

  1. Referred to codes
  2. Referred to codes

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

5569

2019-2020 Regular Sessions

IN SENATE

May 7, 2019

Introduced by Sen. MARTINEZ -- read twice and ordered printed, and when printed to be committed to the Committee on Codes

AN ACT to amend the criminal procedure law, in relation to adding additional qualifying offenses for which an individual may be held in custody pending trial

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Paragraphs (h) and (i) of subdivision 4 of section 510.10 of the criminal procedure law, as added by section 2 of part JJJ of chapter 59 of the laws of 2019, are amended and a new paragraph (j) is added to read as follows:

(h) criminal contempt in the second degree as defined in subdivision three of section 215.50 of the penal law, criminal contempt in the first degree as defined in subdivision (b), (c) or (d) of section 215.51 of the penal law or aggravated criminal contempt as defined in section 215.52 of the penal law, and the underlying allegation of such charge of criminal contempt in the second degree, criminal contempt in the first degree or aggravated criminal contempt is that the defendant violated a duly served order of protection where the protected party is a member of the defendant's same family or household as defined in subdivision one of section 530.11 of this article; [or]

(i) facilitating a sexual performance by a child with a controlled substance or alcohol as defined in section 263.30 of the penal law, use of a child in a sexual performance as defined in section 263.05 of the penal law or luring a child as defined in subdivision one of section 120.70 of the penal law[.]; or

(j) overdriving, torturing and injuring animals and failure to provide proper sustenance as defined in section three hundred fifty-three of the agriculture and markets law, aggravated cruelty to animals as defined in section three hundred fifty-three-a of the agriculture and markets law

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD11220-01-9

S. 5569 2

or animal fighting as defined in section three hundred fifty-one of the agriculture and markets law.

§ 2. This act shall take effect on the same date and in the same manner as section two of part JJJ of chapter 59 of the laws of 2019, as amended.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the criminal procedure law, in relation to adding additional qualifying offenses for which an individ- ual may be held in custody pending trial

Purpose

This legislation would allow those charged with animal cruelty or animal fighting to be held in pretrial detention.

Summary of provisions

Section 1. Adds a new section (j) to the criminal procedure law which would include overdriving, torturing and injuring animals and failure to provide proper sustenance, aggravated cruelty to animals and animal fighting as crimes which an individual can be held for pretrial detention.

Section 2. Effective date.

Justification

Several animal advocacy groups have expressed concern that violent animal crimes have not been included in the exemptions for the elimi- nation of cash bail and pretrial detention. Violent crimes against animals may quickly escalate into violent crimes against humans.

This legislation will allow those charged with serious animal cruelty crimes to be eligible for pretrial detention and cash bail.

Animal cruelty is a known precursor to domestic violence. According to a 2017 study on domestic violence and animal abuse, 75% of participants experienced their partner threatening a companion animal; 66% experi- enced their partner harming a companion animal. New Yorkers need to be kept safe from those who are willing to commit violence, both against humans and animals.

Prior legislative history

None.

Fiscal implications

To be determined.

Effective date

This act shall take effect on the same date and in the same manner as section 2 of part JJJ of chapter 59 of the laws of 2019.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.