SB5015 Summary:

BILL NO    S05015 

SAME AS    SAME AS A01520

SPONSOR    DEFRANCISCO

COSPNSR    

MLTSPNSR   

Amd SS351 & 353-a, Ag & Mkts L

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.
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SB5015 Actions:

BILL NO    S05015 

05/02/2011 REFERRED TO AGRICULTURE
01/04/2012 REFERRED TO AGRICULTURE
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SB5015 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         5015

                              2011-2012 Regular Sessions

                                   I N  S E N A T E

                                      May 2, 2011
                                      ___________

       Introduced  by  Sen.  DeFRANCISCO -- 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    S  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    S 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.
                                                                  LBD01346-01-1
       S. 5015                             2

    1    S 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    S 5. This act shall take effect immediately.
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