Bill Text: NY S03327 | 2019-2020 | General Assembly | Introduced

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Bill Title: Defines "aggravated cruelty" and makes any person who commits the conduct which falls under that definition guilty of a class E felony, punishable by up to two years imprisonment; defines "in the presence of a child" and makes any person who commits the conduct which falls under that definition, guilty of a class D felony.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO DOMESTIC ANIMAL WELFARE [S03327 Detail]

Download: New_York-2019-S03327-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3327
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 5, 2019
                                       ___________
        Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Domestic Animal Welfare
        AN ACT to amend the agriculture and markets law, in relation to acts  of
          animal cruelty in the presence of a child
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1.  Subdivisions 1 and 3 of section 353-a of  the  agriculture
     2  and  markets  law,  as  added  by  chapter  118 of the laws of 1999, are
     3  amended to read as follows:
     4    1. A person is guilty of aggravated cruelty to animals when,  with  no
     5  justifiable  purpose,  he  or  she  intentionally kills or intentionally
     6  causes serious physical injury to a  companion  animal  with  aggravated
     7  cruelty.   For purposes of this section, "aggravated cruelty" shall mean
     8  conduct which:  [(i)] (a) is intended to cause extreme physical pain; or
     9  [(ii)] (b) is done or carried out in an especially depraved or  sadistic
    10  manner.
    11    3.  [Aggravated  cruelty to animals is a felony. A defendant convicted
    12  of this offense shall be sentenced pursuant to paragraph (b) of subdivi-
    13  sion one of section 55.10 of the penal law provided,] (a) Any person who
    14  commits one or more of the acts specified in  subdivision  one  of  this
    15  section  is  guilty of a class E felony; provided however, that any term
    16  of imprisonment imposed for [violation] a  conviction  of  this  section
    17  shall be a definite sentence, which may not exceed two years.
    18    (b) Any person who commits one or more of the acts specified in subdi-
    19  vision  one  of  this  section in the presence of a child is guilty of a
    20  class D felony.  For the purposes of this section, "in the presence of a
    21  child" shall mean in the physical presence of a child under the  age  of
    22  eighteen  knowing  or  having reason to know that a child is present and
    23  may see or hear such act.
    24    § 2. This act shall take effect on the one hundred eightieth day after
    25  it shall have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07677-01-9