S T A T E O F N E W Y O R K
________________________________________________________________________
2472
2017-2018 Regular Sessions
I N S E N A T E
January 13, 2017
___________
Introduced by Sen. LAVALLE -- 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".
§ 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.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07850-01-7