Defines "aggravated cruelty" and makes any person who commits the conduct which falls under that definition guilty of a class E felony, punishable by up to two years imprisonment; defines "in the presence of a child" and makes any person who commits the conduct which falls under that definition, guilty of a class D felony.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3726
SPONSOR: Rosenthal L TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to acts of
animal cruelty in the presence of a child
PURPOSE:
This bill amends the definition of child endangerment and other related
statutes to include committing acts of animal cruelty in the presence of
a child and to strengthen penalties for existing animal cruelty charges
when committed in the presence of a child.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends subdivision 1 and 3 of section 353-a of the agricul-
ture and markets law.
Section two sets forth the effective date.
JUSTIFICATION:
Adults who commit acts of animal cruelty in the presence of a child
inflict psychological damage on the minor who is forced to witness these
crimes. They can also permanently imperil a still-developing minor's
sense of judgment and ethical conduct.
By increasing the penalty for animal cruelty when engaging in such
cruelty in the presence of a child, this behavior can be curtailed and
its consequences can be more thoroughly recognized.
LEGISLATIVE HISTORY:
2019-20: A.2664 - Referred to Codes; S.3327 - Referred to Domestic
Animal Welfare
2017-18: A.2140 - Referred to Codes; S.2470 - Reported to Rules
2015-16: A.534 - Referred to Codes; S.6580 - Referred to Agriculture
2013-14: A.706-A - Referred to Codes
2011-12: A.6075 - Referred to Codes; S.7260 - Referred to Codes
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This bill shall take effect on the one hundred and eightieth day after
it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
3726
2021-2022 Regular Sessions
IN ASSEMBLY
January 28, 2021
___________
Introduced by M. of A. L. ROSENTHAL, LUPARDO -- Multi-Sponsored by -- M.
of A. COLTON, GLICK, McDONOUGH, THIELE -- read once and referred to
the Committee on Codes
AN ACT to amend 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. Subdivisions 1 and 3 of section 353-a of the agriculture
2 and markets law, as added by chapter 118 of the laws of 1999, are
3 amended to read as follows:
4 1. A person is guilty of aggravated cruelty to animals when, with no
5 justifiable purpose, he or she intentionally kills or intentionally
6 causes serious physical injury to a companion animal with aggravated
7 cruelty. For purposes of this section, "aggravated cruelty" shall mean
8 conduct which: [(i)] (a) is intended to cause extreme physical pain; or
9 [(ii)] (b) is done or carried out in an especially depraved or sadistic
10 manner.
11 3. [Aggravated cruelty to animals is a felony. A defendant convicted
12 of this offense shall be sentenced pursuant to paragraph (b) of subdivi-
13 sion one of section 55.10 of the penal law provided,] (a) Any person who
14 commits one or more of the acts specified in subdivision one of this
15 section is guilty of a class E felony; provided however, that any term
16 of imprisonment imposed for [violation] a conviction of this section
17 shall be a definite sentence, which may not exceed two years.
18 (b) Any person who commits one or more of the acts specified in subdi-
19 vision one of this section in the presence of a child is guilty of a
20 class D felony. For the purposes of this section, "in the presence of a
21 child" shall mean in the physical presence of a child under the age of
22 eighteen knowing or having reason to know that a child is present and
23 may see or hear such act.
24 § 2. This act shall take effect on the one hundred eightieth day after
25 it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00858-01-1
