senate Bill S2656

Imposes additional penalties upon persons convicted of animal abuse

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Bill Status


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

  • 23 / Jan / 2013
    • REFERRED TO AGRICULTURE
  • 08 / Jan / 2014
    • 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.

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Bill Details

Versions:
S2656
Legislative Cycle:
2013-2014
Current Committee:
Senate Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd ยง353, Ag & Mkts L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S3805
2009-2010: A10365
2007-2008: A4851

Sponsor Memo

BILL NUMBER:S2656

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:
Subsection 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.
Subsection 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.
Subsection 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:
3/4/11 Referred to Agriculture
1/4/12 Referred to Agriculture

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
________________________________________________________________________

                                  2656

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

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
DOMESTICATED,  AND  WHETHER BELONGING TO HIMSELF, HERSELF OR ANOTHER, OR
WHO CAUSES, PROCURES OR PERMITS ANY ANIMAL TO BE TORTURED, CRUELLY BEAT-
EN, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07155-01-3

S. 2656                             2

PERSON WHO VIOLATES ANY OF SUCH PROVISIONS TO ENTER INTO AND SUCCESSFUL-
LY  COMPLETE ANY TREATMENT OR PROGRAM DEEMED HELPFUL IN MODIFYING BEHAV-
IOR PATTERNS OR TREATING ANY MENTAL ILLNESS WHICH MAY CAUSE OR  CONTRIB-
UTE TO SUCH ILLEGAL ACTIVITIES.
  3. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THE FAMILY COURT ACT,
CRIMINAL  PROCEDURE  LAW  OR  ANY  OTHER PROVISION OF LAW WHERE A PERSON
DEEMED A JUVENILE DELINQUENT, PERSON IN NEED OF SUPERVISION OR  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,  WHEN-
EVER 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.

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