A01531 Summary:

Amd §353-a, Ag & Mkts L
Relates to sentencing for the crime of aggravated cruelty to animals; removes the two year imprisonment cap.
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A01531 Actions:

01/11/2021referred to agriculture
01/05/2022referred to agriculture
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A01531 Committee Votes:

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A01531 Floor Votes:

There are no votes for this bill in this legislative session.
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A01531 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
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: 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 committed 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   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: 180 days.
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A01531 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                    January 11, 2021
        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 term
     8  of imprisonment imposed for violation of this section shall be  a  defi-
     9  nite 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.
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