Increases certain penalties for violating the prohibition of animal fighting and for aggravated cruelty to animals; requires a psychiatric evaluation for defendants convicted of aggravated cruelty to animals.
STATE OF NEW YORK
________________________________________________________________________
1558
2021-2022 Regular Sessions
IN ASSEMBLY
January 11, 2021
___________
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 increas-
ing certain penalties for violating the prohibition of animal fighting
and for 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. The opening paragraph of subdivision 2 of section 351 of
2 the agriculture and markets law, as amended by chapter 190 of the laws
3 of 2004, is amended to read as follows:
4 Any person who engages in any of the following conduct is guilty of a
5 felony punishable by imprisonment for a period not to exceed [four] six
6 years, or by a fine not to exceed [twenty-five] thirty thousand dollars,
7 or by both such fine and imprisonment:
8 § 2. Paragraph (a) of subdivision 3 of section 351 of the agriculture
9 and markets law, as added by chapter 150 of the laws of 1984, is amended
10 to read as follows:
11 (a) Any person who engages in conduct specified in paragraph (b) of
12 this subdivision is guilty of a [misdemeanor] felony and is punishable
13 by imprisonment for a period not to exceed [one year] four years, or by
14 a fine not to exceed [fifteen] twenty thousand dollars, or by both such
15 fine and imprisonment.
16 § 3. Paragraph (a) of subdivision 4 of section 351 of the agriculture
17 and markets law, as added by chapter 150 of the laws of 1984, is amended
18 to read as follows:
19 (a) Any person who engages in conduct specified in paragraph (b)
20 [hereof] of this subdivision is guilty of a [misdemeanor] felony and is
21 punishable by imprisonment for a period not to exceed [one year] two
22 years, or by a fine not to exceed [one] ten thousand dollars, or by both
23 such fine and imprisonment.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01000-01-1
A. 1558 2
1 § 4. Subdivision 3 of section 353-a of the agriculture and markets
2 law, as added by chapter 118 of the laws of 1999, is amended to read as
3 follows:
4 3. Aggravated cruelty to animals is a felony. A defendant convicted of
5 this offense shall be sentenced [pursuant to paragraph (b) of subdivi-
6 sion one of section 55.10 of the penal law provided, however, that any
7 term of imprisonment imposed for violation of this section shall be a
8 definite sentence, which may not exceed two years] to a period of impri-
9 sonment not to exceed four years, by a fine not to exceed ten thousand
10 dollars or by both such fine and imprisonment. In addition to any other
11 penalty provided by law, the court shall order any defendant convicted
12 of this offense, including a defendant who has been adjudicated a youth-
13 ful offender, to undergo a psychiatric evaluation by a qualified mental
14 health professional and may require that such person, at his or her own
15 expense, enter and complete any treatment or program deemed necessary to
16 treat any mental disease, mental defect or mental condition, which may
17 have caused or contributed to such offense.
18 § 5. This act shall take effect immediately.
