S T A T E O F N E W Y O R K
________________________________________________________________________
1507
2023-2024 Regular Sessions
I N A S S E M B L Y
January 17, 2023
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to requir-
ing the court to require a mental health evaluation when a person is
convicted of certain crimes pertaining to animal fighting and aggra-
vated cruelty to animals
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 351 of the agriculture and markets law is amended
by adding a new subdivision 7 to read as follows:
7. THE COURT SHALL ORDER ANY PERSON CONVICTED OF THIS SECTION TO
RECEIVE A MENTAL HEALTH EVALUATION BY A LICENSED PSYCHOLOGIST OR THERA-
PIST NAMED BY THE COURT, AND SUBSEQUENT MENTAL HEALTH COUNSELING, IF
WARRANTED BY THE EVALUATION, FOR A PERIOD OF TIME TO BE PRESCRIBED BY
THE LICENSED PSYCHOLOGIST OR THERAPIST. THE COST OF THE MENTAL HEALTH
EVALUATION AND ANY REQUIRED MENTAL HEALTH COUNSELING SHALL BE PAID BY
SUCH CONVICTED PERSON. THE COURT SHALL ORDER SUCH PERSON TO SUBMIT THE
RESULTS OF THE MENTAL HEALTH EVALUATION TO THE COURT, AND IF SUBSEQUENT
COUNSELING IS ORDERED, THE COURT MAY ORDER SUCH PERSON TO PROVIDE
DOCUMENTATION OF ATTENDANCE TO THE COURT.
§ 2. Section 353-a of the agriculture and markets law is amended by
adding a new subdivision 4 to read as follows:
4. THE COURT SHALL ORDER ANY PERSON CONVICTED OF THIS SECTION TO
RECEIVE A MENTAL HEALTH EVALUATION BY A LICENSED PSYCHOLOGIST OR THERA-
PIST NAMED BY THE COURT, AND SUBSEQUENT MENTAL HEALTH COUNSELING, IF
WARRANTED BY THE EVALUATION, FOR A PERIOD OF TIME TO BE PRESCRIBED BY
THE LICENSED PSYCHOLOGIST OR THERAPIST. THE COST OF THE MENTAL HEALTH
EVALUATION AND ANY REQUIRED MENTAL HEALTH COUNSELING SHALL BE PAID BY
SUCH CONVICTED PERSON. THE COURT SHALL ORDER SUCH PERSON TO SUBMIT THE
RESULTS OF THE MENTAL HEALTH EVALUATION TO THE COURT, AND IF SUBSEQUENT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05748-01-3
A. 1507 2
COUNSELING IS ORDERED, THE COURT MAY ORDER SUCH PERSON TO PROVIDE
DOCUMENTATION OF ATTENDANCE TO THE COURT.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.