Senate Bill S1411

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1411
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2025
                                ___________
 
 Introduced  by  Sens.  TEDISCO,  O'MARA,  WEIK -- 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]
 SUCH  PERSON  or  to another, or deprives any animal of necessary suste-
 nance, food or drink, or neglects or refuses to furnish it  such  suste-
 nance  or  drink,  or causes, procures or permits any animal to be over-
 driven, overloaded, [tortured, cruelly beaten, or unjustifiably injured,
 maimed, mutilated or killed,] or to be deprived  of  necessary  food  or
 drink,  or  who wilfully 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 paragraph (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 SUCH PERSON 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.
                                                            LBD02630-01-5
              

 S. 1411                             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] THE
 COMMISSIONER'S duly authorized representative shall have  the  power  to
 inspect such laboratories 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.