Requires unsealing of court records of youthful offenders convicted of animal abuse offense; provides that such persons undergo a psychiatric evaluation and treatment where necessary.
STATE OF NEW YORK
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4618
2013-2014 Regular Sessions
IN ASSEMBLY
February 6, 2013
___________
Introduced by M. of A. TEDISCO, KATZ, CORWIN, McDONOUGH, McLAUGHLIN,
GIGLIO, TENNEY, CROUCH, STEVENSON, MILLER, RIVERA, JOHNS, SKARTADOS --
Multi-Sponsored by -- M. of A. ARROYO, BARCLAY, BROOK-KRASNY, BUTLER,
FINCH, KOLB, RABBITT, THIELE -- read once and referred to the Commit-
tee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to imposing
additional penalties for animal abuse
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 353 of the agriculture and markets law, as amended
2 by chapter 458 of the laws of 1985 and the opening paragraph as amended
3 by chapter 523 of the laws of 2005, is amended to read as follows:
4 § 353. Overdriving, torturing and injuring animals; failure to provide
5 proper sustenance. 1. A person who overdrives[,] or overloads[, tortures
6 or cruelly beats or unjustifiably injures, maims, mutilates or kills]
7 any animal, whether wild or tame, and whether belonging to himself or to
8 another, or deprives any animal of necessary sustenance, food or drink,
9 or neglects or refuses to furnish it such sustenance or drink, or caus-
10 es, procures or permits any animal to be overdriven, overloaded,
11 [tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated
12 or killed,] or to be deprived of necessary food or drink, or who wilful-
13 ly sets on foot, instigates, engages in, or in any way furthers any such
14 act of cruelty to any animal, or any such act tending to produce such
15 cruelty, is guilty of a class A misdemeanor and for purposes of para-
16 graph (b) of subdivision one of section 160.10 of the criminal procedure
17 law, shall be treated as a misdemeanor defined in the penal law.
18 2. The court, for a person who tortures or cruelly beats or unjustifi-
19 ably injures, maims, mutilates or kills any animal, whether wild or
20 tame, and whether belonging to himself or another, or who causes,
21 procures or permits any animal to be tortured, cruelly beaten, or
22 unjustifiably injured, maimed, mutilated or killed shall, in addition to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07155-02-3
A. 4618 2
1 any other penalty otherwise imposed by law for a violation of this
2 section order an immediate and thorough psychiatric analysis and evalu-
3 ation by a competent professional, and where necessary require a person
4 who violates any of such provisions to enter into and successfully
5 complete any treatment or program deemed helpful in modifying behavior
6 patterns or treating any mental illness which may cause or contribute to
7 such illegal activities.
8 3. Notwithstanding any inconsistent provision of the family court act,
9 or any other provision of law where a person deemed a youthful offender
10 violates any provision of this section, any record or matter considered
11 in connection with the adjudication entered with respect to the same
12 shall not be sealed or otherwise protected from disclosure and may be
13 used for any lawful purpose in any subsequent prosecution, whenever
14 commenced.
15 4. Nothing [herein] contained in this section shall be construed to
16 prohibit or interfere with any properly conducted scientific tests,
17 experiments or investigations, involving the use of living animals,
18 performed or conducted in laboratories or institutions, which are
19 approved for these purposes by the [state] commissioner of health. The
20 [state] commissioner of health shall prescribe the rules under which
21 such approvals shall be granted, including therein standards regarding
22 the care and treatment of any such animals. Such rules shall be
23 published and copies thereof conspicuously posted in each such laborato-
24 ry or institution. The [state] commissioner of health or his duly
25 authorized representative shall have the power to inspect such laborato-
26 ries or institutions to insure compliance with such rules and standards.
27 Each such approval may be revoked at any time for failure to comply with
28 such rules and in any case the approval shall be limited to a period not
29 exceeding one year.
30 Nothing contained in this section shall be construed to prohibit or
31 interfere in any way with anyone lawfully engaged in hunting, trapping,
32 or fishing, as defined by the environmental conservation law; or with
33 the routine management of a farming operation; or the eradication of
34 vermin; or the dispatch of rabid or diseased animals or animals posing
35 an imminent threat to human safety.
36 § 2. This act shall take effect on the first of November next succeed-
37 ing the date on which it shall have become a law.
