NY State Senate Bill 2019-S384

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

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to domestic animal welfare
Feb 11, 2019	committee discharged and committed to domestic animal welfare
Jan 09, 2019	referred to agriculture

co-Sponsors

2019-S384 (ACTIVE) - Details

Current Committee:: Senate Domestic Animal Welfare
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §353, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S814
2017-2018: S4039, S4043
2021-2022: S230
2023-2024: S293

2019-S384 (ACTIVE) - 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.

2019-S384 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S384

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To prevent the crime of animal cruelty through evaluation and treatment
of offenders.

 
SUMMARY OF SPECIFIC PROVISIONS:

Provides that a person convicted of animal abuse or neglect would be
required to undergo a psychiatric evaluation and treatment as warranted.

Provides that, notwithstanding any inconsistent provision of law,
records of the crimes committed under this statute by youthful offenders
shall not be sealed.

Establishes that this legislation would not prohibit or interfere with

the legal practice of hunting, trapping or fishing, as defined by the Ag
& Markets Law, or 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.

 
JUSTIFICATION:

In addition to raising the penalties, it is also necessary to require a
psychiatric evaluation for every person convicted of animal abuse, with
provisions for treatment when recommended and periodic re-evaluation 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. It is important that Family Court does not become a
shield against the protection of our society.

 
PRIOR LEGISLATIVE HISTORY:

01/07/15: S.0814 REFERRED TO AGRICULTURE
01/06/16: S.0814 REFERRED TO AGRICULTURE
02/02/17: S.4043 REFERRED TO AGRICULTURE
01/03/18: S.4043 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 become law.

2019-S384 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    384
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sens.  TEDISCO,  BOYLE, O'MARA -- read twice and ordered
   printed, and when printed to be committed to the Committee on Agricul-
   ture
 
 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:
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD05178-01-9

 S. 384                              2
 
 SECTION ORDER AN IMMEDIATE AND THOROUGH PSYCHIATRIC ANALYSIS AND  EVALU-
 ATION  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.
   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.
   § 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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Senate Bill S384

Sponsored By

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

co-Sponsors

2019-S384 (ACTIVE) - Details

2019-S384 (ACTIVE) - Summary

2019-S384 (ACTIVE) - Sponsor Memo

2019-S384 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S384

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Sponsored By

James Tedisco

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

co-Sponsors

Phil Boyle

Thomas F. O'Mara

2019-S384 (ACTIVE) - Details

2019-S384 (ACTIVE) - Summary

2019-S384 (ACTIVE) - Sponsor Memo

2019-S384 (ACTIVE) - Bill Text download pdf

Comments