Senate Bill S1743

                                 
BILL NUMBER: S1743

SPONSOR: MARTINEZ
 
TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to the
powers of peace officers

 
PURPOSE:

To bring parity between police officers and peace officers of any duly
incorporated society for the prevention of cruelty to animals, regarding
the issuance of appearance tickets, summons or arrests.

 
SUMMARY OF PROVISIONS:

Section 1. Section 371 of the agriculture and markets law, as amended 2
by chapter 573 of the laws of 1978, is amended to require peace officers
of society for the prevention of cruelty to animals to issue an appear-
ance ticket, summon or arrest pursuant to criminal procedure law and
this section.

              

Section 2. Establishes the enacting clause.

 
JUSTIFICATION:

Animal cruelty has been unwaveringly linked to violence towards humans,
particularly partner and child abuse. Ample research cites that in homes
with domestic violence, fifty percent of children report the abuser
threatened to harm a companion animal,(1) and children who further abuse
animals are more than twice as likely to have suffered maltreatment
themselves.(2) States across the nation including New York have recog-
nized not only the tremendous value animals bring into our lives but
their sentience as well with advocates and legislators alike calling for
stronger sentencing in circumstances of abuse.

To ensure both humans and animals are free from abuse, neglect and aban-
donment, it is imperative the protections provided under the law are
upheld through proper charges and investigation if warranted.  Current
law stipulates a police officer must carry forth an action such as issu-
ing an appearance ticket or making an arrest, while it gives officers of
a society for the prevention of cruelty to animals (SPCA), the option to
do so. Often a county relies on a SPCA to pursue reports of animal
cruelty, therefore, this amendment clarifies the responsibility of and
further brings parity between such officers to respond to and address
alleged situations of animal cruelty under the law.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.
(1) Shelby Elaine McDonald et al. Children's Experiences of Companion
Animal Maltreatment in Households Characterized by Intimate Partner
Violence, 50 Child Abuse & Neglect 116 (2016)
(2) Roshni Trehan Ladny & Laura Meyer, Traumatized Witnesses: Review of
Childhood Exposure to Animal Cruelty, 13 J. Child & Adolescent Trauma
527 (2019).