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A03528 Summary:

BILL NOA03528
 
SAME ASNo Same As
 
SPONSORRosenthal (MS)
 
COSPNSRLupardo
 
MLTSPNSRColton, Glick, McDonough
 
Amd §353-a, Ag & Mkts L
 
Defines "aggravated cruelty"; makes any person who commits the conduct which falls under that definition guilty of a class E felony, punishable by up to two years imprisonment; defines "in the presence of a child" and makes any person who commits the conduct which falls under that definition, guilty of a class D felony.
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A03528 Actions:

BILL NOA03528
 
01/28/2025referred to codes
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A03528 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3528
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 28, 2025
                                       ___________
 
        Introduced by M. of A. ROSENTHAL, LUPARDO -- Multi-Sponsored by -- M. of
          A. COLTON, GLICK, McDONOUGH -- read once and referred to the Committee
          on Codes
 
        AN  ACT to amend the agriculture and markets law, in relation to acts of
          animal cruelty in the presence of a child

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.   Subdivisions 1 and 3 of section 353-a of the agriculture
     2  and markets law, as added by chapter  118  of  the  laws  of  1999,  are
     3  amended to read as follows:
     4    1.  A  person is guilty of aggravated cruelty to animals when, with no
     5  justifiable purpose, [he or she]  such  person  intentionally  kills  or
     6  intentionally  causes serious physical injury to a companion animal with
     7  aggravated cruelty.  For purposes of this section, "aggravated  cruelty"
     8  shall  mean conduct which:  [(i)] (a) is intended to cause extreme phys-
     9  ical pain; or [(ii)] (b)  is  done  or  carried  out  in  an  especially
    10  depraved or sadistic manner.
    11    3.  [Aggravated  cruelty to animals is a felony. A defendant convicted
    12  of this offense shall be sentenced pursuant to paragraph (b) of subdivi-
    13  sion one of section 55.10 of the penal law provided,] (a) Any person who
    14  commits one or more of the acts specified in  subdivision  one  of  this
    15  section  is  guilty of a class E felony; provided however, that any term
    16  of imprisonment imposed for [violation] a  conviction  of  this  section
    17  shall be a definite sentence, which may not exceed two years.
    18    (b) Any person who commits one or more of the acts specified in subdi-
    19  vision  one  of  this  section in the presence of a child is guilty of a
    20  class D felony.  For the purposes of this section, "in the presence of a
    21  child" shall mean in the physical presence of a child under the  age  of
    22  eighteen  knowing  or  having reason to know that a child is present and
    23  may see or hear such act.
    24    § 2. This act shall take effect on the one hundred eightieth day after
    25  it shall have become a law.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06362-01-5
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