SB3805 Summary:

Amd S353, Ag & Mkts L
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.
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SB3805 Actions:

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SB3805 Text:

                STATE OF NEW YORK
                               2011-2012 Regular Sessions
                    IN SENATE
                                      March 4, 2011
        Introduced  by  Sen.  BALL  --  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 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
    24  section order an immediate and thorough psychiatric analysis and  evalu-
    25  ation  by a competent professional, and where necessary require a person
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 3805                             2
     1  who violates any of such  provisions  to  enter  into  and  successfully
     2  complete  any  treatment or program deemed helpful in modifying behavior

     3  patterns or treating any mental illness which may cause or contribute to
     4  such illegal activities.
     5    3. Notwithstanding any inconsistent provision of the family court act,
     6  or  any other provision of law where a person deemed a youthful offender
     7  violates any provision of this section, any record or matter  considered
     8  in  connection  with  the  adjudication entered with respect to the same
     9  shall not be sealed or otherwise protected from disclosure  and  may  be
    10  used  for  any  lawful  purpose  in any subsequent prosecution, whenever
    11  commenced.
    12    4. Nothing [herein] contained in this section shall  be  construed  to
    13  prohibit  or  interfere  with  any  properly conducted scientific tests,

    14  experiments or investigations, involving  the  use  of  living  animals,
    15  performed  or  conducted  in  laboratories  or  institutions,  which are
    16  approved for these purposes by the [state] commissioner of  health.  The
    17  [state]  commissioner  of  health  shall prescribe the rules under which
    18  such approvals shall be granted, including therein  standards  regarding
    19  the  care  and  treatment  of  any  such  animals.  Such  rules shall be
    20  published and copies thereof conspicuously posted in each such laborato-
    21  ry or institution. The  [state]  commissioner  of  health  or  his  duly
    22  authorized representative shall have the power to inspect such laborato-
    23  ries or institutions to insure compliance with such rules and standards.
    24  Each such approval may be revoked at any time for failure to comply with

    25  such rules and in any case the approval shall be limited to a period not
    26  exceeding one year.
    27    Nothing  contained  in  this section shall be construed to prohibit or
    28  interfere in any way with anyone lawfully engaged in hunting,  trapping,
    29  or  fishing,  as  defined by the environmental conservation law; or with
    30  the routine management of a farming operation;  or  the  eradication  of
    31  vermin;  or  the dispatch of rabid or diseased animals or animals posing
    32  an imminent threat to human safety.
    33    § 2. This act shall take effect on the first of November next succeed-
    34  ing the date on which it shall have become a law.
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