Bill Text: NY S00385 | 2019-2020 | General Assembly | Introduced

New York Senate Bill 385 (Prior Session Legislation)

Introduced

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

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO DOMESTIC ANIMAL WELFARE [S00385 Detail]

Download: New_York-2019-S00385-Introduced.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                           385
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by Sens. TEDISCO, BOYLE, O'MARA, RANZENHOFER, ROBACH -- read
          twice and ordered printed, and when printed to  be  committed  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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03688-01-9

        S. 385                              2
     1  years, or by a fine not to exceed [one] ten thousand dollars, or by both
     2  such fine and imprisonment.
     3    §  4.  Subdivision  3  of section 353-a of the agriculture and markets
     4  law, as added by chapter 118 of the laws of 1999, is amended to read  as
     5  follows:
     6    3. Aggravated cruelty to animals is a felony. A defendant convicted of
     7  this  offense  shall be sentenced [pursuant to paragraph (b) of subdivi-
     8  sion one of section 55.10 of the penal law provided, however,  that  any
     9  term  of  imprisonment  imposed for violation of this section shall be a
    10  definite sentence, which may not exceed two years] to a period of impri-
    11  sonment not to exceed four years, by a fine not to exceed  ten  thousand
    12  dollars or by both such fine and imprisonment.  In addition to any other
    13  penalty  provided  by law, the court shall order any defendant convicted
    14  of this offense, including a defendant who has been adjudicated a youth-
    15  ful offender, to undergo a psychiatric evaluation by a qualified  mental
    16  health  professional and may require that such person, at his or her own
    17  expense, enter and complete any treatment or program deemed necessary to
    18  treat any mental disease, mental defect or mental condition,  which  may
    19  have caused or contributed to such offense.
    20    § 5. This act shall take effect immediately.