A03726 Summary:

BILL NOA03726
 
SAME ASNo Same As
 
SPONSORRosenthal L
 
COSPNSRLupardo
 
MLTSPNSRColton, Glick, McDonough, Thiele
 
Amd §353-a, Ag & Mkts L
 
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.
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A03726 Actions:

BILL NOA03726
 
01/28/2021referred to codes
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A03726 Committee Votes:

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A03726 Floor Votes:

There are no votes for this bill in this legislative session.
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A03726 Memo:

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.
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A03726 Text:



 
                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
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