What's happening
The bill, "Tucker's law," removes the two-year maximum definite sentence for aggravated cruelty to animals, allowing longer sentences.
Why it matters
Allows for longer prison sentences for aggravated cruelty to animals. , reflecting a shift toward treating these offenses more seriously and potentially deterring future acts of severe animal abuse.
Removes a unique limitation that treated aggravated animal cruelty differently from other felonies. , aligning sentencing with other serious crimes and giving judges more discretion in sentencing.
Could impact both prosecution and plea bargaining in animal cruelty cases. , as the possibility of longer sentences may influence both how charges are filed and how defendants approach negotiations.
Signals increased legislative and societal concern for animal welfare. , which may affect public awareness, future legal reforms, and the prioritization of animal cruelty cases by law enforcement and the courts.
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Who cares
People convicted of aggravated cruelty to animals
The bill would remove the requirement that any prison term be a definite sentence of no more than two years.
Judges and criminal defense attorneys
Sentencing would remain governed by the cited Penal Law provision, but without the animal-cruelty statute’s separate two-year cap and definite-sentence requirement.
District attorneys
The bill would change the sentencing rules for aggravated animal cruelty prosecutions by removing those limits on imprisonment.
Animal welfare advocates
The bill, named “Tucker’s law,” would remove the special imprisonment limits for the felony of aggravated cruelty to animals.
Headline styles
Increase Animal Cruelty Penalties
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.188
- Referred to domestic animal welfare
- Returned to senate
- Died in assembly
- Referred to agriculture
- Returned to assembly
- Repassed senate
- Amended on third reading 5807a
- Vote reconsidered - restored to third reading
Show 8 earlier actions
- Returned to senate
- Recalled from assembly
- Referred to agriculture
- Delivered to assembly
- Passed senateVote 62–0
- Ordered to third reading cal.1017
- Reported and committed to rules
- 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 Animal Cruelty Sentencing
In Assembly Committee · Agriculture · Sponsor Angelo Santabarbara
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5807--A Cal. No. 1017
2019-2020 Regular Sessions
IN SENATE
May 15, 2019
Introduced by Sen. MARTINEZ -- read twice and ordered printed, and when printed to be committed to the Committee on Domestic Animal Welfare -reported favorably from said committee and committed to the Committee on Rules -- reported favorably from said committee, ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading
AN ACT to amend the agriculture and markets law, in relation to sentencing for the crime of aggravated cruelty to animals
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. This act shall be known and may be cited as "Tucker's law".
§ 2. 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].
§ 3. 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.
LBD11736-03-9
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 sentencing for the crime of aggravated cruelty to animals
Purpose
To allow for a judge to exercise their discretion to order consecutive or concurrent sentences when an individual is convicted of multiple counts of aggravated cruelty to animals.
Summary of provisions
Section 1. Names this law "Tucker's Law"
Section 2.Removes the section which calls for aggravated cruelty to be a definite sentence, limited to two years.
Section 3. Effective Date.
Justification
In Nassau County, a recent case occurred where an individual was charged with committing three crimes against three separate animals. Although each charge is supposed to carry a two-year sentence, unlike any other felony crime, the maximum is two years total, regardless of how many crimes committed.
Current law does not allow for any flexibility when an individual is charged with multiple counts of aggravated cruelty committed against multiple animals. The way the current law is structured there is nothing to deter future acts of violence to animals. A person who commits one crime will have the same sentence as a person committing 50 counts of aggravated cruelty to animals.
By removing the language that requires aggravated cruelty to be treated as a definite sentence, this will allow animals to receive the justice they deserve and the perpetrators of cruelty to animals to be held accountable.
Prior legislative history
None.
Fiscal implications
None.
Effective date
180 days.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.