Bill Text: NY S00384 | 2019-2020 | General Assembly | Introduced

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Bill Title: Requires unsealing of court records of youthful offenders convicted of animal abuse offense; provides that such persons undergo a psychiatric evaluation and treatment where necessary.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO DOMESTIC ANIMAL WELFARE [S00384 Detail]

Download: New_York-2019-S00384-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           384
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  Sens.  TEDISCO,  BOYLE, O'MARA -- read twice and ordered
          printed, and when printed to be committed to the Committee on Agricul-
          ture
        AN ACT to amend the agriculture and markets law, in relation to imposing
          additional penalties for animal abuse
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Section 353 of the agriculture and markets law, as amended
     2  by chapter 458 of the laws of 1985 and the opening paragraph as  amended
     3  by chapter 523 of the laws of 2005, is amended to read as follows:
     4    § 353. Overdriving, torturing and injuring animals; failure to provide
     5  proper sustenance. 1. A person who overdrives[,] or overloads[, tortures
     6  or  cruelly  beats  or unjustifiably injures, maims, mutilates or kills]
     7  any animal, whether wild or tame, and whether belonging to himself or to
     8  another, or deprives any animal of necessary sustenance, food or  drink,
     9  or  neglects or refuses to furnish it such sustenance or drink, or caus-
    10  es, procures  or  permits  any  animal  to  be  overdriven,  overloaded,
    11  [tortured,  cruelly  beaten, or unjustifiably injured, maimed, mutilated
    12  or killed,] or to be deprived of necessary food or drink, or who wilful-
    13  ly sets on foot, instigates, engages in, or in any way furthers any such
    14  act of cruelty to any animal, or any such act tending  to  produce  such
    15  cruelty,  is  guilty  of a class A misdemeanor and for purposes of para-
    16  graph (b) of subdivision one of section 160.10 of the criminal procedure
    17  law, shall be treated as a misdemeanor defined in the penal law.
    18    2. The court, for a person who tortures or cruelly beats or unjustifi-
    19  ably injures, maims, mutilates or kills  any  animal,  whether  wild  or
    20  tame,  and  whether  belonging  to  himself  or  another, or who causes,
    21  procures or permits any  animal  to  be  tortured,  cruelly  beaten,  or
    22  unjustifiably injured, maimed, mutilated or killed shall, in addition to
    23  any  other  penalty  otherwise  imposed  by  law for a violation of this
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05178-01-9
        S. 384                              2
     1  section order an immediate and thorough psychiatric analysis and  evalu-
     2  ation  by a competent professional, and where necessary require a person
     3  who violates any of such  provisions  to  enter  into  and  successfully
     4  complete  any  treatment or program deemed helpful in modifying behavior
     5  patterns or treating any mental illness which may cause or contribute to
     6  such illegal activities.
     7    3. Notwithstanding any inconsistent provision of the family court act,
     8  or any other provision of law where a person deemed a youthful  offender
     9  violates  any provision of this section, any record or matter considered
    10  in connection with the adjudication entered with  respect  to  the  same
    11  shall  not  be  sealed or otherwise protected from disclosure and may be
    12  used for any lawful purpose  in  any  subsequent  prosecution,  whenever
    13  commenced.
    14    4.  Nothing  [herein]  contained in this section shall be construed to
    15  prohibit or interfere with  any  properly  conducted  scientific  tests,
    16  experiments  or  investigations,  involving  the  use of living animals,
    17  performed or  conducted  in  laboratories  or  institutions,  which  are
    18  approved  for  these purposes by the [state] commissioner of health. The
    19  [state] commissioner of health shall prescribe  the  rules  under  which
    20  such  approvals  shall be granted, including therein standards regarding
    21  the care and  treatment  of  any  such  animals.  Such  rules  shall  be
    22  published and copies thereof conspicuously posted in each such laborato-
    23  ry  or  institution.  The  [state]  commissioner  of  health or his duly
    24  authorized representative shall have the power to inspect such laborato-
    25  ries or institutions to insure compliance with such rules and standards.
    26  Each such approval may be revoked at any time for failure to comply with
    27  such rules and in any case the approval shall be limited to a period not
    28  exceeding one year.
    29    Nothing contained in this section shall be construed  to  prohibit  or
    30  interfere  in any way with anyone lawfully engaged in hunting, trapping,
    31  or fishing, as defined by the environmental conservation  law;  or  with
    32  the  routine  management  of  a farming operation; or the eradication of
    33  vermin; or the dispatch of rabid or diseased animals or  animals  posing
    34  an imminent threat to human safety.
    35    § 2. This act shall take effect on the first of November next succeed-
    36  ing the date on which it shall have become a law.