senate Bill S2129

Increases certain penalties for aggravated cruelty to animals

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Sponsor

Bill Status


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

  • 11 / Jan / 2013
    • REFERRED TO AGRICULTURE
  • 08 / Jan / 2014
    • REFERRED TO AGRICULTURE
  • 06 / May / 2014
    • 1ST REPORT CAL.501
  • 07 / May / 2014
    • 2ND REPORT CAL.
  • 12 / May / 2014
    • ADVANCED TO THIRD READING
  • 11 / Jun / 2014
    • PASSED SENATE
  • 11 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 11 / Jun / 2014
    • REFERRED TO AGRICULTURE

Summary

Increases certain penalties for aggravated cruelty to animals.

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Bill Details

See Assembly Version of this Bill:
A835A
Versions:
S2129
Legislative Cycle:
2013-2014
Current Committee:
Assembly Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd ยง353-a, Ag & Mkts L

Sponsor Memo

BILL NUMBER:S2129

TITLE OF BILL:
An act
to amend the agriculture and markets law, in relation to increasing
certain penalties for aggravated cruelty to animals

PURPOSE OR GENERAL IDEA OF BILL: This legislation
deemed "Phoenix's
Law" would double the penalties for aggravated cruelty to animals as
well as require the individual to undergo a psychiatric evaluation.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 sets the
title for this act
as Phoenix's Law.

Section 2 states that aggravated cruelty to animals shall have a
maximum punishment of up to four years in prison and a fine not to
exceed ten thousand dollars. Further the court shall require any
defendant convicted under this statute to undergo a psychiatric
evaluation.

Section 3 is the effective date.

JUSTIFICATION: Current laws for aggravated animal
cruelty are too lax
and must be made stronger. It has been proven that youthful offenders
who participate in animal cruelty are statistically significantly
more likely to continue and engage in other criminally violent
endeavors. By strengthening the penalties for this act and requiring
psychiatric evaluation and if necessary treatment we will be able to
better protect our animals as well as the public as a whole.

On October 29th Phoenix a five and a half year old Jack Russell
Terrier was intentionally set on fire and miraculously survived.
Phoenix had endured weeks of abuse by two individuals. Phoenix has
become a rallying cry for changes to our animal abuse laws not only
in the city of Buffalo and Western New York but worldwide.

PRIOR LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  2129

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 11, 2013
                               ___________

Introduced  by Sen. GRISANTI -- 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 increas-
  ing certain penalties for aggravated cruelty to animals

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

  Section  1.    This  act shall be known and may be cited as "Phoenix's
law".
  S 2. Subdivision 3 of section 353-a of  the  agriculture  and  markets
law,  as added by chapter 118 of the laws of 1999, is amended to read as
follows:
  3. Aggravated cruelty to animals is a felony. A defendant convicted of
this offense shall be sentenced [pursuant to paragraph (b)  of  subdivi-
sion  one  of section 55.10 of the penal law provided, however, that any
term of imprisonment imposed for violation of this section  shall  be  a
definite sentence, which may not exceed two years] TO A PERIOD OF IMPRI-
SONMENT  NOT  TO EXCEED FOUR YEARS, BY A FINE NOT TO EXCEED TEN THOUSAND
DOLLARS OR BY BOTH SUCH FINE AND IMPRISONMENT. IN ADDITION TO ANY  OTHER
PENALTY  PROVIDED  BY LAW, THE COURT SHALL ORDER ANY DEFENDANT CONVICTED
OF THIS OFFENSE, INCLUDING A DEFENDANT WHO HAS BEEN ADJUDICATED A YOUTH-
FUL OFFENDER, TO UNDERGO A PSYCHIATRIC EVALUATION BY A QUALIFIED  MENTAL
HEALTH  PROFESSIONAL AND MAY REQUIRE THAT SUCH PERSON, AT HIS OR HER OWN
EXPENSE, ENTER AND COMPLETE ANY TREATMENT OR PROGRAM DEEMED NECESSARY TO
TREAT ANY MENTAL DISEASE, MENTAL DEFECT OR MENTAL CONDITION,  WHICH  MAY
HAVE CAUSED OR CONTRIBUTED TO SUCH OFFENSE.
  S 3. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04677-03-3

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