senate Bill S3805

Imposes additional penalties upon persons convicted of animal abuse

download pdf

Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 04 / Mar / 2011
    • REFERRED TO AGRICULTURE
  • 04 / Jan / 2012
    • REFERRED TO AGRICULTURE

Summary

Requires unsealing of court records of youthful offenders convicted of animal abuse offense; provides that such persons undergo a psychiatric evaluation and treatment where necessary.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A1567
Versions:
S3805
Legislative Cycle:
2011-2012
Current Committee:
Senate Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd ยง353, Ag & Mkts L
Versions Introduced in Previous Legislative Cycles:
2009-2010: A10365, A10365
2007-2008: A4851, A4851

Sponsor Memo

BILL NUMBER:S3805

TITLE OF BILL:
An act
to amend the agriculture and markets law,
in relation to
imposing additional penalties for animal abuse

PURPOSE:
To impose additional penalties upon persons convicted of
animal abuse.

SUMMARY OF PROVISIONS:
Section 353 of the agriculture and markets law, as amended by chapter
458 of the laws of 1985 and the opening paragraph as amended by
chapter 523 of the laws of 2005, is amended to read as follows:
Section 2. The court, for a person who tortures or cruelly beats or
unjustifiably injures, maims, mutilates or kills any animal, whether
wild or tame, and whether belonging to himself or another, or who
causes, procures or permits any animal to be tortured, cruelly beaten,
or unjustifiably injured, maimed, mutilated or killed, shall, in
addition to any other penalty otherwise imposed by law for a
violation of this section order an immediate and thorough psychiatric
analysis and evaluation by a competent professional, and where
necessary require a person who violates any of such provisions to
enter into and successfully complete any treatment or program deemed
helpful in modifying behavior patterns or treating any mental illness
which may cause or contribute to such illegal activities.
Section 3. Notwithstanding any inconsistent provision of the family
court act, or any provision of law where a person deemed a youthful
offender violates any provision of this section, any record or matter
considered in connection with the adjudication entered with respect
to the same shall not be sealed or otherwise protected from
disclosure and may be Used for any lawful purpose in any subsequent
prosecution, whenever commenced.
Section 4. Nothing contained in this section shall be construed to
prohibit or interfere in any way with anyone lawfully engaged in
hunting, trapping, or fishing, as defined by the environmental
conservation law; or with the routine management of a fanning
operation; or the eradication of vermin; or the dispatch of rabid or
diseased animals or animals posing an imminent threat to human safety.

JUSTIFICATION:
In addition to raising penalties for animal abuse and
cruelty, it is also necessary to require a psychiatric evaluation for
every person convicted of animal abuse, with provisions for treatment
when recommended and periodic reevaluation for a period of time
following conviction. This is needed to ensure that the pattern of
abuse -- and potential abusers -is identified. This bill also
empowers the criminal justice system to track youthful offenders who

commit such crimes after the age when such record would normally be
sealed.

LEGISLATIVE HISTORY:
New bill in Senate.

FISCAL IMPLICATIONS:
No new fiscal impact.

EFFECTIVE DATE:
This act shall take effect on the first of November
next succeeding the date on which it shall have become law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3805

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 4, 2011
                               ___________

Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture

AN ACT to amend the agriculture and markets law, in relation to imposing
  additional penalties for animal abuse

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 353 of the agriculture and markets law, as amended
by chapter 458 of the laws of 1985 and the opening paragraph as  amended
by chapter 523 of the laws of 2005, is amended to read as follows:
  S 353. Overdriving, torturing and injuring animals; failure to provide
proper sustenance. 1. A person who overdrives[,] OR overloads[, tortures
or  cruelly  beats  or unjustifiably injures, maims, mutilates or kills]
any animal, whether wild or tame, and whether belonging to himself or to
another, or deprives any animal of necessary sustenance, food or  drink,
or  neglects or refuses to furnish it such sustenance or drink, or caus-
es, procures  or  permits  any  animal  to  be  overdriven,  overloaded,
[tortured,  cruelly  beaten, or unjustifiably injured, maimed, mutilated
or killed,] or to be deprived of necessary food or drink, or who wilful-
ly sets on foot, instigates, engages in, or in any way furthers any SUCH
act of cruelty to any animal, or any SUCH act tending  to  produce  such
cruelty,  is  guilty  of a class A misdemeanor and for purposes of para-
graph (b) of subdivision one of section 160.10 of the criminal procedure
law, shall be treated as a misdemeanor defined in the penal law.
  2. THE COURT, FOR A PERSON WHO TORTURES OR CRUELLY BEATS OR UNJUSTIFI-
ABLY INJURES, MAIMS, MUTILATES OR KILLS  ANY  ANIMAL,  WHETHER  WILD  OR
TAME,  AND  WHETHER  BELONGING  TO  HIMSELF  OR  ANOTHER, OR WHO CAUSES,
PROCURES OR PERMITS ANY  ANIMAL  TO  BE  TORTURED,  CRUELLY  BEATEN,  OR
UNJUSTIFIABLY INJURED, MAIMED, MUTILATED OR KILLED SHALL, IN ADDITION TO
ANY  OTHER  PENALTY  OTHERWISE  IMPOSED  BY  LAW FOR A VIOLATION OF THIS
SECTION ORDER AN IMMEDIATE AND THOROUGH PSYCHIATRIC ANALYSIS AND  EVALU-
ATION  BY A COMPETENT PROFESSIONAL, AND WHERE NECESSARY REQUIRE A PERSON

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01466-01-1

S. 3805                             2

WHO VIOLATES ANY OF SUCH  PROVISIONS  TO  ENTER  INTO  AND  SUCCESSFULLY
COMPLETE  ANY  TREATMENT OR PROGRAM DEEMED HELPFUL IN MODIFYING BEHAVIOR
PATTERNS OR TREATING ANY MENTAL ILLNESS WHICH MAY CAUSE OR CONTRIBUTE TO
SUCH ILLEGAL ACTIVITIES.
  3. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THE FAMILY COURT ACT,
OR  ANY OTHER PROVISION OF LAW WHERE A PERSON DEEMED A YOUTHFUL OFFENDER
VIOLATES ANY PROVISION OF THIS SECTION, ANY RECORD OR MATTER  CONSIDERED
IN  CONNECTION  WITH  THE  ADJUDICATION ENTERED WITH RESPECT TO THE SAME
SHALL NOT BE SEALED OR OTHERWISE PROTECTED FROM DISCLOSURE  AND  MAY  BE
USED  FOR  ANY  LAWFUL  PURPOSE  IN ANY SUBSEQUENT PROSECUTION, WHENEVER
COMMENCED.
  4. Nothing [herein] contained IN THIS SECTION shall  be  construed  to
prohibit  or  interfere  with  any  properly conducted scientific tests,
experiments or investigations, involving  the  use  of  living  animals,
performed  or  conducted  in  laboratories  or  institutions,  which are
approved for these purposes by the [state] commissioner of  health.  The
[state]  commissioner  of  health  shall prescribe the rules under which
such approvals shall be granted, including therein  standards  regarding
the  care  and  treatment  of  any  such  animals.  Such  rules shall be
published and copies thereof conspicuously posted in each such laborato-
ry or institution. The  [state]  commissioner  of  health  or  his  duly
authorized representative shall have the power to inspect such laborato-
ries or institutions to insure compliance with such rules and standards.
Each such approval may be revoked at any time for failure to comply with
such rules and in any case the approval shall be limited to a period not
exceeding one year.
  NOTHING  CONTAINED  IN  THIS SECTION SHALL BE CONSTRUED TO PROHIBIT OR
INTERFERE IN ANY WAY WITH ANYONE LAWFULLY ENGAGED IN HUNTING,  TRAPPING,
OR  FISHING,  AS  DEFINED BY THE ENVIRONMENTAL CONSERVATION LAW; OR WITH
THE ROUTINE MANAGEMENT OF A FARMING OPERATION;  OR  THE  ERADICATION  OF
VERMIN;  OR  THE DISPATCH OF RABID OR DISEASED ANIMALS OR ANIMALS POSING
AN IMMINENT THREAT TO HUMAN SAFETY.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.