Includes acts of animal cruelty in the presence of a child as an element of endangering the welfare of a child, the definition of neglected child and the definition of maltreated child; increases penalties for overdriving, torturing and injuring animals; failure to provide proper sustenance and aggravated cruelty to animals.
STATE OF NEW YORK
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7260
IN SENATE
May 2, 2012
___________
Introduced by Sen. McDONALD -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law, the social services law, the family court
act and 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. Subdivision 1 of section 260.10 of the penal law, as
2 amended by chapter 447 of the laws of 2010, is amended to read as
3 follows:
4 1. He or she knowingly acts in a manner likely to be injurious to the
5 physical, mental or moral welfare of a child less than seventeen years
6 old, including but not limited to committing an act or acts of animal
7 cruelty in the presence of a child, or directs or authorizes such child
8 to engage in an occupation involving a substantial risk of danger to his
9 or her life or health; or
10 § 2. Subdivision 2 of section 412 of the social services law, as
11 amended by chapter 323 of the laws of 2008, is amended to read as
12 follows:
13 2. A "maltreated child" includes:
14 (a) a child under eighteen years of age not in "residential care" as
15 defined in subdivision four of section four hundred twelve-a of this
16 title:
17 (i) defined as a neglected child by the family court act, or
18 (ii) who has had serious physical injury inflicted upon him or her by
19 other than accidental means[;], or
20 (iii) has witnessed an act or acts of animal cruelty by a person or
21 persons subject of the report; or
22 (b) a child who is a neglected child in residential care as defined in
23 subdivision two of section four hundred twelve-a of this title;
24 § 3. Paragraph (i) of subdivision 4-a of section 371 of the social
25 services law, as added by chapter 782 of the laws of 1971 and subpara-
26 graph (B) as amended by chapter 984 of the laws of 1981, is amended to
27 read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09324-03-1
S. 7260 2
1 (i) whose physical, mental or emotional condition has been impaired or
2 is in imminent danger of becoming impaired as a result of the failure of
3 his or her parent or other person legally responsible for his or her
4 care to exercise a minimum degree of care:
5 (A) in supplying the child with adequate food, clothing, shelter,
6 education, medical or surgical care, though financially able to do so or
7 offered financial or other reasonable means to do so; or
8 (B) in providing the child with proper supervision or guardianship, by
9 unreasonably inflicting or allowing to be inflicted harm, or a substan-
10 tial risk thereof, including the infliction of excessive corporal
11 punishment; or by misusing a drug or drugs; or by misusing alcoholic
12 beverages to the extent that he or she loses self-control of his or her
13 actions; or by committing an act or acts of animal cruelty in the pres-
14 ence of the child; or by any other acts of a similarly serious nature
15 requiring the aid of the court; provided, however, that where the
16 respondent is voluntarily and regularly participating in a rehabilita-
17 tive program, evidence that the respondent has repeatedly misused a drug
18 or drugs or alcoholic beverages to the extent that he or she loses self-
19 control of his or her actions shall not establish that the child is a
20 neglected child in the absence of evidence establishing that the child's
21 physical, mental or emotional condition has been impaired or is in immi-
22 nent danger of becoming impaired as set forth in this paragraph [(i) of
23 this subdivision]; or
24 § 4. Paragraph (i) of subdivision (f) of section 1012 of the family
25 court act, as added by chapter 962 of the laws of 1970, subparagraph (A)
26 as amended by chapter 469 of the laws of 1971 and subparagraph (B) as
27 amended by chapter 984 of the laws of 1981, is amended to read as
28 follows:
29 (i) whose physical, mental or emotional condition has been impaired or
30 is in imminent danger of becoming impaired as a result of the failure of
31 his or her parent or other person legally responsible for his or her
32 care to exercise a minimum degree of care:
33 (A) in supplying the child with adequate food, clothing, shelter or
34 education in accordance with the provisions of part one of article
35 sixty-five of the education law, or medical, dental, optometrical or
36 surgical care, though financially able to do so or offered financial or
37 other reasonable means to do so; or
38 (B) in providing the child with proper supervision or guardianship, by
39 unreasonably inflicting or allowing to be inflicted harm, or a substan-
40 tial risk thereof, including the infliction of excessive corporal
41 punishment; or by misusing a drug or drugs; or by misusing alcoholic
42 beverages to the extent that he or she loses self-control of his or her
43 actions; or by committing an act or acts of animal cruelty in the pres-
44 ence of the child; or by any other acts of a similarly serious nature
45 requiring the aid of the court; provided, however, that where the
46 respondent is voluntarily and regularly participating in a rehabilita-
47 tive program, evidence that the respondent has repeatedly misused a drug
48 or drugs or alcoholic beverages to the extent that he or she loses self-
49 control of his or her actions shall not establish that the child is a
50 neglected child in the absence of evidence establishing that the child's
51 physical, mental or emotional condition has been impaired or is in immi-
52 nent danger of becoming impaired as set forth in this paragraph [(i) of
53 this subdivision]; or
54 § 5. Section 353 of the agriculture and markets law, as amended by
55 chapter 458 of the laws of 1985, the opening paragraph as amended by
56 chapter 523 of the laws of 2005, is amended to read as follows:
S. 7260 3
1 § 353. Overdriving, torturing and injuring animals; failure to provide
2 proper sustenance. 1. (a) A person who overdrives, overloads, tortures
3 or cruelly beats or unjustifiably injures, maims, mutilates or kills any
4 animal, whether wild or tame, and whether belonging to himself or to
5 another, or deprives any animal of necessary sustenance, food or drink,
6 or neglects or refuses to furnish it such sustenance or drink, or caus-
7 es, procures or permits any animal to be overdriven, overloaded,
8 tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or
9 killed, or to be deprived of necessary food or drink, or who wilfully
10 sets on foot, instigates, engages in, or in any way furthers any act of
11 cruelty to any animal, or any act tending to produce such cruelty, is
12 guilty of a class A misdemeanor and for purposes of paragraph (b) of
13 subdivision one of section 160.10 of the criminal procedure law, shall
14 be treated as a misdemeanor defined in the penal law.
15 (b) Any person who commits one or more of the acts specified in para-
16 graph (a) of this subdivision in the presence of a child is guilty of a
17 class E felony.
18 2. Nothing herein contained shall be construed to prohibit or inter-
19 fere with any properly conducted scientific tests, experiments or inves-
20 tigations, involving the use of living animals, performed or conducted
21 in laboratories or institutions, which are approved for these purposes
22 by the state commissioner of health. The state commissioner of health
23 shall prescribe the rules under which such approvals shall be granted,
24 including therein standards regarding the care and treatment of any such
25 animals. Such rules shall be published and copies thereof conspicuously
26 posted in each such laboratory or institution. The state commissioner of
27 health or his duly authorized representative shall have the power to
28 inspect such laboratories or institutions to insure compliance with such
29 rules and standards. Each such approval may be revoked at any time for
30 failure to comply with such rules and in any case the approval shall be
31 limited to a period not exceeding one year.
32 § 6. Subdivisions 1 and 3 of section 353-a of the agriculture and
33 markets law, as added by chapter 118 of the laws of 1999, are amended to
34 read as follows:
35 1. A person is guilty of aggravated cruelty to animals when, with no
36 justifiable purpose, he or she intentionally kills or intentionally
37 causes serious physical injury to a companion animal with aggravated
38 cruelty. For purposes of this section, "aggravated cruelty" shall mean
39 conduct which: [(i)] (a) is intended to cause extreme physical pain; or
40 [(ii)] (b) is done or carried out in an especially depraved or sadistic
41 manner.
42 3. [Aggravated cruelty to animals is a felony. A defendant convicted
43 of this offense shall be sentenced pursuant to paragraph (b) of subdivi-
44 sion one of section 55.10 of the penal law provided,] (a) Any person who
45 commits one or more of the acts specified in subdivision one of this
46 section is guilty of a class E felony; provided however, that any term
47 of imprisonment imposed for [violation] a conviction of this section
48 shall be a definite sentence, which may not exceed two years.
49 (b) Any person who commits one or more of the acts specified in subdi-
50 vision one of this section in the presence of a child is guilty of a
51 class D felony.
52 § 7. This act shall take effect on the one hundred eightieth day after
53 it shall have become a law.
