Requires principals convicted of certain animal cruelty offenses undergo a presentencing forensic psychological evaluation and a report be submitted to the court based on such evaluation and to attend counseling, humane education, a rehabilitation program, or other such treatment based on such report.
STATE OF NEW YORK
________________________________________________________________________
10826
IN ASSEMBLY
April 1, 2026
___________
Introduced by M. of A. STECK -- read once and referred to the Committee
on Codes
AN ACT to amend the criminal procedure law, the penal law and the family
court act, in relation to requiring principals convicted of certain
animal cruelty offenses undergo a presentencing forensic psychological
evaluation and a report be submitted to the court based on such evalu-
ation and to attend treatment based on such report
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The criminal procedure law is amended by adding a new
2 section 390.25 to read as follows:
3 § 390.25 Requirement of forensic psychological evaluation report; animal
4 cruelty.
5 1. For the purposes of this section, the following terms shall have
6 the following meanings:
7 (a) "forensic psychological evaluation" means an evaluation conducted
8 by a mental health professional trained in forensic evaluation.
9 (b) "mental health professional" means a person licensed under article
10 one hundred fifty-three, one hundred fifty-four, or one hundred sixty-
11 three of the education law.
12 (c) "defendant", "conviction" and "sentence" includes, respectively,
13 an "eligible youth", a "youthful offender finding" and a "youthful
14 offender sentence" as those terms are defined in section 720.10 of this
15 chapter.
16 2. (a) In any case where the defendant is convicted of any offense
17 enumerated in section three hundred fifty-three, three hundred fifty-
18 three-a, or three hundred fifty-six of the agriculture and markets law
19 or subdivision four of section 130.20 of the penal law, the court must
20 order that the defendant submit to a forensic psychological evaluation.
21 The mental health professional performing such evaluation shall submit a
22 report of their findings to the court prior to sentencing.
23 (b) In any case where the defendant is convicted of any offense
24 enumerated in article twenty-six of the agriculture and markets law
25 other than section three hundred fifty-three, three hundred
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13084-01-5
A. 10826 2
1 fifty-three-a, or three hundred fifty-six, the court may order that the
2 defendant submit to a forensic psychological evaluation. The mental
3 health professional performing such evaluation shall submit a report of
4 their findings and recommendations to the court prior to sentencing.
5 3. A forensic psychological evaluation ordered by the court under this
6 section shall include, but not be limited to, the mental health profes-
7 sional performing such evaluation endeavoring to identify:
8 (a) any causal factors underlying the animal cruelty offense;
9 (b) a risk assessment of the defendant's likelihood to recidivate and
10 any risk the defendant poses to the community at large; and
11 (c) sentencing recommendations for any counseling, humane education,
12 rehabilitation program, or other treatment which may address the under-
13 lying causal factors of the offense, or reduce the risk, if any, the
14 defendant poses to animals or to the community.
15 4. All costs of the forensic psychological evaluation shall be borne
16 by the defendant. However, if the court determines the defendant is
17 indigent, the state shall bear the cost of such evaluation.
18 § 2. The penal law is amended by adding a new section 60.14 to read as
19 follows:
20 § 60.14 Authorized disposition; animal cruelty.
21 1. When a person is convicted of any offense enumerated in article
22 twenty-six of the agriculture and markets law or subdivision four of
23 section 130.20 of this chapter, such sentence may, where appropriate and
24 after considering the findings and recommendations in any report submit-
25 ted to the court under section 390.25 of the criminal procedure law,
26 include an order requiring the defendant to attend counseling, humane
27 education, a rehabilitation program, or other such treatment which the
28 court deems appropriate. Such counseling, humane education, rehabili-
29 tation program, or other such treatment may be conducted in person or
30 remotely.
31 2. All costs of the counseling, humane education, rehabilitation
32 program, or other such treatment shall be borne by the defendant. Howev-
33 er, if the court determines the defendant is indigent, the state shall
34 bear the cost of such counseling, humane education, rehabilitation
35 program, or other such treatment.
36 § 3. The family court act is amended by adding a new section 347.2 to
37 read as follows:
38 § 347.2. Required forensic psychological evaluation; animal cruelty.
39 1. For the purposes of this section, the following terms shall have the
40 following meanings:
41 (a) "forensic psychological evaluation" means an evaluation conducted
42 by a mental health professional trained in forensic evaluation.
43 (b) "mental health professional" means a person licensed under article
44 one hundred fifty-three, one hundred fifty-four, or one hundred sixty-
45 three of the education law.
46 2. (a) In any proceeding where the respondent is found pursuant to
47 section 345.1 or 346.1 of this part to have committed any offense
48 enumerated in section three hundred fifty-three, three hundred fifty-
49 three-a, or three hundred fifty-six of the agriculture and markets law
50 or subdivision four of section 130.20 of the penal law, the court must
51 order that the respondent submit to a forensic psychological evaluation.
52 The mental health professional performing such evaluation shall submit a
53 report of their findings to the court prior to the court issuing an
54 order of disposition.
55 (b) In any proceeding where the respondent is found pursuant to
56 section 345.1 or 346.1 of this part to have committed any offense
A. 10826 3
1 enumerated in article twenty-six of the agriculture and markets law
2 other than section three hundred fifty-three, three hundred
3 fifty-three-a, or three hundred fifty-six, the court may order that the
4 respondent submit to a forensic psychological evaluation. The mental
5 health professional performing such evaluation shall submit a report of
6 their findings and recommendations to the court prior to the court issu-
7 ing an order of disposition.
8 3. A forensic psychological evaluation ordered by the court under this
9 section shall include, but not be limited to, the mental health profes-
10 sional performing such evaluation endeavoring to identify:
11 (a) any causal factors underlying the animal cruelty offense;
12 (b) a risk assessment of the respondent's likelihood to recidivate and
13 any risk the respondent poses to the community at large; and
14 (c) sentencing recommendations for any counseling, humane education,
15 rehabilitation program, or other treatment which may address the under-
16 lying causal factors of the offense, or reduce the risk, if any, the
17 respondent poses to animals or to the community.
18 § 4. The family court act is amended by adding a new section 353.8 to
19 read as follows:
20 § 353.8. Required treatment; animal cruelty. 1. When a respondent is
21 found to have committed any offense enumerated in article twenty-six of
22 the agriculture and markets law or subdivision four of section 130.20 of
23 the penal law, such disposition may, where appropriate and after consid-
24 ering the findings and recommendations in any report submitted to the
25 court under section 347.2 of this article, include an order requiring
26 the respondent to attend counseling, humane education, a rehabilitation
27 program, or other such treatment which the court deems appropriate. Such
28 counseling, humane education, rehabilitation program, or other such
29 treatment may be conducted in person or remotely.
30 2. All costs of the counseling, humane education, rehabilitation
31 program, or other such treatment shall be borne by the respondent.
32 However, if the court determines the respondent is indigent, the state
33 shall bear the cost of such counseling, humane education, rehabilitation
34 program, or other such treatment.
35 § 5. This act shall take effect on the ninetieth day after it shall
36 have become a law. Effective immediately, the addition, amendment and/or
37 repeal of any rule or regulation necessary for the implementation of
38 this act on its effective date are authorized to be made and completed
39 on or before such effective date.
