What's happening
This bill, "Tucker's law," removes the two-year maximum prison sentence for aggravated cruelty to animals, allowing for longer sentences.
Why it matters
Increases potential prison time for aggravated animal cruelty. By removing the two-year maximum sentence, courts can now impose longer prison terms on those convicted of the most severe forms of animal abuse, potentially acting as a stronger deterrent.
Signals a shift toward treating animal cruelty more seriously. Aligning penalties for aggravated cruelty to animals with those of other serious felonies indicates a legislative intent to take these crimes as seriously as comparable violent offenses.
Could impact plea deals and prosecutorial discretion. With the possibility of harsher sentences, prosecutors may have more leverage in plea negotiations, and judges will have broader discretion to address particularly egregious cases.
Addresses public and advocacy concerns. This change likely responds to outcry from the public and animal welfare advocates who believe that previous penalties did not reflect the gravity of aggravated cruelty cases.
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Who cares
Defendants convicted of aggravated cruelty to animals
The bill would remove the requirement that any prison sentence be definite and capped at two years.
Judges and prosecutors
The bill would leave sentencing under Penal Law section 55.10(1)(b) without the existing offense-specific prison sentence restriction.
Animal welfare advocates
The bill would eliminate the two-year imprisonment cap for aggravated cruelty to animals, changing the penalties available for the offense.
Headline styles
Increase Animal Cruelty Sentences
Plain English, a few words. Used as the page title.
Sponsors
Assembly Member · Assembly District 111
2 Co-sponsors
History
- Referred to agriculture
- Reference changed to agriculture
- Referred to aging
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1116
2025-2026 Regular Sessions
IN ASSEMBLY
January 9, 2025
Introduced by M. of A. SANTABARBARA -- read once and referred to the Committee on Agriculture
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.
A LBD01471-01-5
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.