STATE OF NEW YORK
________________________________________________________________________
3325
2019-2020 Regular Sessions
IN SENATE
February 5, 2019
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Introduced by Sens. LAVALLE, ORTT -- read twice and ordered printed, and
when printed to be committed to the Committee on Domestic Animal
Welfare
AN ACT to amend the agriculture and markets law, in relation to increas-
ing certain penalties 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. This act shall be known and may be cited as "Phoenix's
2 law".
3 § 2. Subdivision 3 of section 353-a of the agriculture and markets
4 law, as added by chapter 118 of the laws of 1999, is amended to read as
5 follows:
6 3. Aggravated cruelty to animals is a felony. A defendant convicted of
7 this offense shall be sentenced [pursuant to paragraph (b) of subdivi-
8 sion one of section 55.10 of the penal law provided, however, that any
9 term of imprisonment imposed for violation of this section shall be a
10 definite sentence, which may not exceed two years] to a period of impri-
11 sonment not to exceed four years, by a fine not to exceed ten thousand
12 dollars or by both such fine and imprisonment. In addition to any other
13 penalty provided by law, the court shall order any defendant convicted
14 of this offense, including a defendant who has been adjudicated a youth-
15 ful offender, to undergo a psychiatric evaluation by a qualified mental
16 health professional and may require that such person, at his or her own
17 expense, enter and complete any treatment or program deemed necessary to
18 treat any mental disease, mental defect or mental condition, which may
19 have caused or contributed to such offense.
20 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08481-01-9
