Bill Text: NY A00474 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to aggravated cruelty to animals in the presence of a child; increases the potential term of imprisonment from two to four years when such crime is committed in the presence of a child; defines presence of a child.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - referred to agriculture [A00474 Detail]

Download: New_York-2021-A00474-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           474

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        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  aggra-
          vated cruelty to animals in the presence of a child

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 3 of  section  353-a  of  the  agriculture  and
     2  markets  law, as added by chapter 118 of the laws of 1999, is amended to
     3  read as follows:
     4    3. Aggravated cruelty to animals is a felony. A defendant convicted of
     5  this offense shall be sentenced pursuant to paragraph (b) of subdivision
     6  one of section 55.10 of the penal law provided, however, that  any  term
     7  of  imprisonment  imposed for violation of this section shall be a defi-
     8  nite sentence, which may not exceed two years, except  that  any  person
     9  who commits one or more of the acts specified in subdivision one of this
    10  section  in  the presence of a child may be sentenced to a period not to
    11  exceed four years. For purposes of this section, "in the presence  of  a
    12  child"  shall  mean in the physical presence of a child under the age of
    13  eighteen knowing or having reason to know that child is present and  may
    14  see or hear such act.
    15    § 2. This act shall take effect on the one hundred eightieth day after
    16  it shall have become a law.



         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00450-01-1