NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1225
SPONSOR: Rosenthal L
 
TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to
restricting individuals from owning a companion animal after being
convicted of certain crimes involving animals
 
PURPOSE:
To prohibit convicted animal abusers from owning or caring for companion
animals.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends agriculture and markets law by adding a new section
353-g.
Section two establishes the effective date.
 
JUSTIFICATION:
Many studies have demonstrated a strong link between animal cruelty and
violence against humans. The Chicago Police Department, in a study
conducted between 2001 and 2004, found that of all individuals arrested
for animal abuse, more than 65% had also been arrested for battery
against a person. Many women who enter domestic violence shelters report
that their partner abused their pet as well. We also know that many who
commit horrendous crimes, such as murder, have admitted to torturing and
killing animals when they were younger.
Animal cruelty is a bridge crime with a high rate of recidivism. Under
current law, a person who is convicted of animal cruelty in New York
State can be released and get a new pet the very same day. States such
as Indiana and Colorado have passed laws restricting the ownership of
animals for people convicted of animal cruelty; it is time for New York
to do the same.
This legislation will prohibit anyone convicted of animal cruelty or
animal fighting from owning or caring for a companion animal for at
least five years, while providing courts the discretion to set a longer
time period.
 
LEGISLATIVE HISTORY:
2021-22: A.3444 - Referred to Agriculture
2019-20: A.8837 - Referred to Agriculture
 
FISCAL IMPLICATIONS:
Undetermined.
 
EFFECTIVE DATE:
90 days.
STATE OF NEW YORK
________________________________________________________________________
1225
2023-2024 Regular Sessions
IN ASSEMBLY
January 13, 2023
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to
restricting individuals from owning a companion animal after being
convicted of certain crimes involving animals
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The agriculture and markets law is amended by adding a new
2 section 353-g to read as follows:
3 § 353-g. Restrictions on companion animal ownership. 1. A person
4 convicted of violating section three hundred fifty-one, three hundred
5 fifty-three, or three hundred fifty-three-a of this article shall be
6 prohibited from owning, harboring, possessing, adopting, fostering or
7 exercising control over a companion animal for a period of time to be
8 set at the discretion of the court. Such time period shall not be less
9 than five years after such conviction or if applicable, not less than
10 five years after the convicted person's release from imprisonment,
11 whichever is longer.
12 2. For the purposes of this section "companion animal" shall have the
13 same meaning as subdivision five of section three hundred fifty of this
14 article.
15 § 2. This act shall take effect on the ninetieth day after it shall
16 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01242-01-3