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S01753 Summary:

BILL NOS01753
 
SAME ASSAME AS A04753
 
SPONSORCANZONERI-FITZPATRICK
 
COSPNSRRHOADS, TEDISCO
 
MLTSPNSR
 
Add §353-aa, Ag & Mkts L
 
Establishes Bella's Law which calls for an investigation into possible domestic violence or abuse for persons who have been accused of animal abuse.
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S01753 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1753
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    January 13, 2025
                                       ___________
 
        Introduced  by  Sen.  CANZONERI-FITZPATRICK  --  read  twice and ordered
          printed, and when printed to be committed to the Committee on Agricul-
          ture
 
        AN ACT to amend the agriculture and markets law, in relation to enacting
          "Bella's Law"
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  "Bella's Law".
     3    § 2. Legislative intent. The  legislature  hereby  finds  that  animal
     4  cruelty  is  a  serious  problem and that individuals who harm and abuse
     5  animals are statistically more likely to engage in domestic violence and
     6  child abuse than individuals who do not harm and abuse animals. A strong
     7  correlation has been established linking individuals who  abuse  animals
     8  with  incidents of domestic violence. Therefore, the purpose of this law
     9  is to establish a requirement that the state of New York office of chil-
    10  dren and family services must investigate any individual who is  accused
    11  of or investigated for animal cruelty to ensure that there is no associ-
    12  ated  domestic  or  family  violence and that law enforcement notify and
    13  coordinate with the office of children and  family  services  in  animal
    14  cruelty investigations and arrests.
    15    §  3.  The  agriculture  and  markets  law  is amended by adding a new
    16  section 353-aa to read as follows:
    17    § 353-aa. Animal abuse accusal requiring a domestic violence and abuse
    18  investigation. 1. Definitions. As used in this  section,  the  following
    19  terms shall have the following meanings:
    20    (a)  "Animal"  shall mean any live mammal, bird, or reptile, but shall
    21  not include feeder animals.
    22    (b) "Companion animal" shall mean any dog or cat, and shall also  mean
    23  any  other domesticated animal normally maintained in or near the house-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04734-01-5

        S. 1753                             2
 
     1  hold of the owner or  person  who  cares  for  such  other  domesticated
     2  animal.
     3    (c)  "Animal  abuse  crime" shall mean the commission of the following
     4  enumerated crimes against an animal:
     5    (1) animal fighting, as defined in section three hundred fifty-one  of
     6  this article;
     7    (2)  overdriving,  torturing, and injuring animals; failure to provide
     8  proper sustenance, as defined in section three  hundred  fifty-three  of
     9  this article;
    10    (3) aggravated cruelty to animals, as defined in section three hundred
    11  fifty-three-a of this article;
    12    (4)  electrocution of fur-bearing animals, as defined in section three
    13  hundred fifty-three-c of this article
    14    (5) abandonment of  animals,  as  defined  in  section  three  hundred
    15  fifty-five of this article;
    16    (6)  failure  to provide proper food and drink to an impounded animal,
    17  as defined in section three hundred fifty-six of this article;
    18    (7) carrying animal in a cruel manner, as  defined  in  section  three
    19  hundred fifty-nine of this article;
    20    (8)  poisoning  or attempting to poison animals, as defined in section
    21  three hundred sixty of this article;
    22    (9) interference with  or  injury  to  certain  domestic  animals,  as
    23  defined in section four hundred sixty-one of this article;
    24    (10)  sexual misconduct with an animal, as defined in subdivision four
    25  of section 130.20 of the penal law;
    26    (11) harming an animal trained to aid a person with  a  disability  in
    27  the first degree, as defined in section 195.12 of the penal law;
    28    (12)  harming  a  service  animal  in  the first degree, as defined in
    29  section 242.15 of the penal law;
    30    (13) harming a service animal in the  second  degree,  as  defined  in
    31  section 242.10 of the penal law; or
    32    (14)  an  offense  in  any  other  jurisdiction which includes all the
    33  essential elements of any such crime provided for in this subdivision.
    34    (d) "Accused" shall mean a formal accusation of an animal abuse  crime
    35  commenced by the filing of an information, complaint, or indictment with
    36  a court of competent jurisdiction.
    37    (e)  "Investigated" shall mean a reasonable suspicion that an individ-
    38  ual is engaging in an animal abuse crime that has commenced an  investi-
    39  gation  into  such conduct by a law enforcement agency with jurisdiction
    40  covering the state of New York.
    41    (f) "Domestic incident report" shall mean a state of New York division
    42  of criminal justice services form three thousand two hundred twenty-one,
    43  as established by the "family protection and  domestic  violence  inter-
    44  vention act of 1994".
    45    2.  Duty  to  investigate.  (a)  Upon notification of an accusation or
    46  investigation of an animal abuse crime, the office of children and fami-
    47  ly services shall promptly log and investigate the individual  that  has
    48  been accused or is being investigated. The office of children and family
    49  services  shall, where practicable, reasonable, and not in contravention
    50  of law, coordinate such investigation with and communicate  any  results
    51  to the referring or prosecuting agency.
    52    (b) Such investigation shall determine whether the accused or investi-
    53  gated party has any associated family or domestic violence.
    54    3.  Sharing of information. (a) Where practicable, reasonable, and not
    55  in contravention of law, the office  of  children  and  family  services
    56  shall  be  notified by law enforcement of investigations and accusations

        S. 1753                             3
 
     1  of animal abuse crimes where such investigations or accusations arise in
     2  connection in such law enforcement's professional or official  capacity.
     3  Nothing herein shall mandate such reporting: (i) where it would jeopard-
     4  ize  an  ongoing  investigation or the personal safety of an individual;
     5  (ii) in circumstances where it is clear that the accused or investigated
     6  individual has no family members and no need for personal services  from
     7  the  office  of children and family services; or (iii) where the partic-
     8  ular investigation or  accusation  was  previously  reported.  Such  law
     9  enforcement  members shall document response, investigation, and actions
    10  taken in keeping with this mandate, including, where appropriate,  on  a
    11  domestic incident report.
    12    (b)  A domestic incident report shall be prepared in every instance of
    13  abuse or threatened abuse against the companion animal of another family
    14  member, even if investigation of the incident reveals that no  crime  or
    15  offense was committed.
    16    4.  Applicability.  This  law  shall  apply  to all persons accused or
    17  investigated of animal abuse crimes on or after the  effective  date  of
    18  this section.
    19    5.  Severability.  If  any  clause,  sentence, paragraph, subdivision,
    20  section, or part of this law to the application thereof to  any  person,
    21  individual, corporation, firm, partnership, entity or circumstance shall
    22  be  adjudged  by  any  court  of competent jurisdiction to be invalid or
    23  unconstitutional, such order or judgment shall  not  affect,  impair  or
    24  invalidate the remainder thereof, but shall be confined in its operation
    25  to the clause, sentence, paragraph, subdivision, section or part of this
    26  law  or in its application to the person, individual, corporation, firm,
    27  partnership entity or circumstance directly involved in the  controversy
    28  in which an order or judgment shall be rendered.
    29    § 4. This act shall take effect immediately.
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