Bill Text: NY S04641 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to aggravated cruelty to animals in the presence of a child; increases the potential term of imprisonment from two to four years when such crime is committed in the presence of a child; defines presence of a child.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2016-06-17 - COMMITTED TO RULES [S04641 Detail]

Download: New_York-2015-S04641-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4641
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                     April 1, 2015
                                      ___________
       Introduced  by  Sen. RITCHIE -- 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  aggra-
         vated cruelty to animals 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. Subdivision 3 of  section  353-a  of  the  agriculture  and
    2  markets  law, as added by chapter 118 of the laws of 1999, is amended to
    3  read as 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 subdivision
    6  one of section 55.10 of the penal law provided, however, that  any  term
    7  of  imprisonment  imposed for violation of this section shall be a defi-
    8  nite sentence, which may not exceed two years, EXCEPT  THAT  ANY  PERSON
    9  WHO COMMITS ONE OR MORE OF THE ACTS SPECIFIED IN SUBDIVISION ONE OF THIS
   10  SECTION  IN  THE PRESENCE OF A CHILD MAY BE SENTENCED TO A PERIOD NOT TO
   11  EXCEED FOUR YEARS. FOR PURPOSES OF THIS SECTION, "IN THE PRESENCE  OF  A
   12  CHILD"  SHALL  MEAN IN THE PHYSICAL PRESENCE OF A CHILD UNDER THE AGE OF
   13  EIGHTEEN KNOWING OR HAVING REASON TO KNOW THAT CHILD IS PRESENT AND  MAY
   14  SEE OR HEAR SUCH ACT.
   15    S 2. This act shall take effect on the one hundred eightieth day after
   16  it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09860-01-5