Bill Text: NY A00390 | 2023-2024 | General Assembly | Introduced

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Bill Title: Increases certain penalties for violating the prohibition of animal fighting and for aggravated cruelty to animals; requires a psychiatric evaluation for defendants convicted of aggravated cruelty to animals.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to agriculture [A00390 Detail]

Download: New_York-2023-A00390-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           390

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     January 9, 2023
                                       ___________

        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Agriculture

        AN ACT to amend the agriculture and markets law, in relation to increas-
          ing 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  Assem-
        bly, do enact as follows:

     1    Section  1.  The  opening paragraph of subdivision 2 of section 351 of
     2  the agriculture and markets law, as amended by chapter 190 of  the  laws
     3  of 2004, is amended to read as follows:
     4    Any  person who engages in any of the following conduct is guilty of a
     5  felony punishable by imprisonment for a period not to exceed [four]  six
     6  years, or by a fine not to exceed [twenty-five] thirty thousand dollars,
     7  or by both such fine and imprisonment:
     8    §  2. Paragraph (a) of subdivision 3 of section 351 of the agriculture
     9  and markets law, as added by chapter 150 of the laws of 1984, is amended
    10  to read as follows:
    11    (a) Any person who engages in conduct specified in  paragraph  (b)  of
    12  this  subdivision  is guilty of a [misdemeanor] felony and is punishable
    13  by imprisonment for a period not to exceed [one year] four years, or  by
    14  a  fine not to exceed [fifteen] twenty thousand dollars, or by both such
    15  fine and imprisonment.
    16    § 3. Paragraph (a) of subdivision 4 of section 351 of the  agriculture
    17  and markets law, as added by chapter 150 of the laws of 1984, is amended
    18  to read as follows:
    19    (a)  Any  person  who  engages  in  conduct specified in paragraph (b)
    20  [hereof] of this subdivision is guilty of a [misdemeanor] felony and  is
    21  punishable  by  imprisonment  for  a period not to exceed [one year] two
    22  years, or by a fine not to exceed [one] ten thousand dollars, or by both
    23  such fine and imprisonment.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00830-01-3
        A. 390                              2

     1    § 4. Subdivision 3 of section 353-a of  the  agriculture  and  markets
     2  law,  as added by chapter 118 of the laws of 1999, is amended to read as
     3  follows:
     4    3. Aggravated cruelty to animals is a felony. A defendant convicted of
     5  this  offense  shall be sentenced [pursuant to paragraph (b) of subdivi-
     6  sion one of section 55.10 of the penal law provided, however,  that  any
     7  term  of  imprisonment  imposed for violation of this section shall be a
     8  definite sentence, which may not exceed two years] to a period of impri-
     9  sonment not to exceed four years, by a fine not to exceed  ten  thousand
    10  dollars or by both such fine and imprisonment.  In addition to any other
    11  penalty  provided  by law, the court shall order any defendant convicted
    12  of this offense, including a defendant who has been adjudicated a youth-
    13  ful offender, to undergo a psychiatric evaluation by a qualified  mental
    14  health  professional and may require that such person, at his or her own
    15  expense, enter and complete any treatment or program deemed necessary to
    16  treat any mental disease, mental defect or mental condition,  which  may
    17  have caused or contributed to such offense.
    18    § 5. This act shall take effect immediately.