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Senate Bill S3327

2019-2020 Legislative Session

Relates to acts of animal cruelty in the presence of a child

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Domestic Animal Welfare Committee

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2019-S3327 (ACTIVE) - Details

See Assembly Version of this Bill:
A2664
Current Committee:
Senate Domestic Animal Welfare
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §353-a, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6075
2013-2014: A706
2015-2016: S6580, A534
2017-2018: S2470, A2140
2021-2022: A3726
2023-2024: A1430
2025-2026: A3528

2019-S3327 (ACTIVE) - Summary

Defines "aggravated cruelty" and makes any person who commits the conduct which falls under that definition guilty of a class E felony, punishable by up to two years imprisonment; defines "in the presence of a child" and makes any person who commits the conduct which falls under that definition, guilty of a class D felony.

2019-S3327 (ACTIVE) - Sponsor Memo

2019-S3327 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3327
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2019
                                ___________
 
 Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Domestic Animal Welfare
 
 AN ACT to amend the agriculture and markets law, in relation to acts  of
   animal cruelty in the presence of a child
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Subdivisions 1 and 3 of section 353-a of  the  agriculture
 and  markets  law,  as  added  by  chapter  118 of the laws of 1999, are
 amended to read as follows:
   1. A person is guilty of aggravated cruelty to animals when,  with  no
 justifiable  purpose,  he  or  she  intentionally kills or intentionally
 causes serious physical injury to a  companion  animal  with  aggravated
 cruelty.   For purposes of this section, "aggravated cruelty" shall mean
 conduct which:  [(i)] (A) is intended to cause extreme physical pain; or
 [(ii)] (B) is done or carried out in an especially depraved or  sadistic
 manner.
   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,] (A) ANY PERSON WHO
 COMMITS ONE OR MORE OF THE ACTS SPECIFIED IN  SUBDIVISION  ONE  OF  THIS
 SECTION  IS  GUILTY OF A CLASS E FELONY; PROVIDED however, that any term
 of imprisonment imposed for [violation] A  CONVICTION  of  this  section
 shall be a definite sentence, which may not exceed two years.
   (B) ANY PERSON WHO COMMITS ONE OR MORE OF THE ACTS SPECIFIED IN SUBDI-
 VISION  ONE  OF  THIS  SECTION IN THE PRESENCE OF A CHILD IS GUILTY OF A
 CLASS D FELONY.  FOR THE PURPOSES OF THIS SECTION, "IN THE PRESENCE OF A
 CHILD" SHALL MEAN IN THE PHYSICAL PRESENCE OF A CHILD UNDER THE  AGE  OF
 EIGHTEEN  KNOWING  OR  HAVING REASON TO KNOW THAT A CHILD IS PRESENT AND
 MAY SEE OR HEAR SUCH ACT.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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