A01116 Summary:
BILL NO | A01116 |
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SAME AS | No Same As |
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SPONSOR | Santabarbara |
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COSPNSR | Colton, Hevesi |
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MLTSPNSR | |
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Amd §353-a, Ag & Mkts L | |
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Relates to sentencing for the crime of aggravated cruelty to animals; removes the two year imprisonment cap. |
A01116 Actions:
BILL NO | A01116 | |||||||||||||||||||||||||||||||||||||||||||||||||
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01/09/2025 | referred to aging | |||||||||||||||||||||||||||||||||||||||||||||||||
01/29/2025 | reference changed to agriculture |
A01116 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)   BILL NUMBER: A1116 SPONSOR: Santabarbara
  TITLE OF BILL: An act to amend the agriculture and markets law, in relation to sentenc- ing for the crime of aggravated cruelty to animals   PURPOSE OR GENERAL IDEA OF BILL: To allow for a judge to exercise their discretion to order consecutive or concurrent sentences when an individual is convicted of multiple counts of aggravated cruelty to animals.   SUMMARY OF PROVISIONS: Section 1. Names this law "Tucker's Law" Section 2.Removes the section which calls for aggravated cruelty to be a definite sentence, limited to two years. Section 3. Effective Date.   JUSTIFICATION: In Nassau County, a recent case occurred where an individual was charged with committing three crimes against three separate animals. Although each charge is supposed to carry a two-year sentence, unlike any other felony crime, the maximum is two years total, regardless of how many crimes committed.Current law does not allow for any flexibility when an individual is charged with multiple counts of aggravated cruelty commit- ted against multiple animals. The way the current law is structured there is nothing to deter future acts of violence to animals. A person who commits one crime will have the same sentence as a person committing 50 counts of aggravated cruelty to animals. By removing the language that requires aggravated cruelty to be treated as a definite sentence, this will allow animals to receive the justice they deserve and the perpetrators of cruelty to animals to be held accountable.   PRIOR LEGISLATIVE HISTORY: 2019-20: A8157A - referred to agriculture / S5807A - passed senate; 2021-22: A01531 - referred to agriculture   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: 180 days.
A01116 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 1116 2025-2026 Regular Sessions IN ASSEMBLY January 9, 2025 ___________ Introduced by M. of A. SANTABARBARA -- read once and referred to the Committee on Agriculture AN ACT to amend the agriculture and markets law, in relation to sentenc- ing for the crime of aggravated cruelty to animals The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as "Tucker's law". 2 § 2. Subdivision 3 of section 353-a of the agriculture and markets 3 law, as added by chapter 118 of the laws of 1999, is amended to read as 4 follows: 5 3. Aggravated cruelty to animals is a felony. A defendant convicted of 6 this offense shall be sentenced pursuant to paragraph (b) of subdivision 7 one of section 55.10 of the penal law [provided, however, that any term8of imprisonment imposed for violation of this section shall be a defi-9nite sentence, which may not exceed two years]. 10 § 3. This act shall take effect on the one hundred eightieth day after 11 it shall have become a law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. A LBD01471-01-5