Relates to aggravated cruelty to animals in the presence of a child; increases the potential term of imprisonment from two to four years when such crime is committed in the presence of a child; defines presence of a child.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A474
SPONSOR: Rosenthal L TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to aggra-
vated cruelty to animals in the presence of a child
PURPOSE:
This bill curtails the performance of acts of cruelty against animals in
front of children.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends subdivision 3 of section 353-a of the agriculture and
markets law, as added by chapter 118 of the laws of 1999.
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 potential
punishment penalty for animal cruelty when engaging in such cruelty in
the presence of a child, this behavior can be curtailed and its conse-
quences can be more thoroughly recognized.
LEGISLATIVE HISTORY:
2019-20: A.831- Referred to Agriculture
2017-18: A.3845 - Referred to Agriculture; S.728 - Passed Senate
2015-16: A.6126 - Referred to Agriculture; S.4641 - Committed to Rules
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
________________________________________________________________________
474
2021-2022 Regular Sessions
IN ASSEMBLY(Prefiled)
January 6, 2021
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to aggra-
vated cruelty to animals 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 3 of section 353-a of the agriculture and
2 markets law, as added by chapter 118 of the laws of 1999, is amended to
3 read as follows:
4 3. Aggravated cruelty to animals is a felony. A defendant convicted of
5 this offense shall be sentenced pursuant to paragraph (b) of subdivision
6 one of section 55.10 of the penal law provided, however, that any term
7 of imprisonment imposed for violation of this section shall be a defi-
8 nite sentence, which may not exceed two years, except that any person
9 who commits one or more of the acts specified in subdivision one of this
10 section in the presence of a child may be sentenced to a period not to
11 exceed four years. For purposes of this section, "in the presence of a
12 child" shall mean in the physical presence of a child under the age of
13 eighteen knowing or having reason to know that child is present and may
14 see or hear such act.
15 § 2. This act shall take effect on the one hundred eightieth day after
16 it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00450-01-1
