S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        835--A
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  M. of A. RYAN -- read once and referred to the Committee
         on  Agriculture  --  committee  discharged,  bill   amended,   ordered
         reprinted as amended and recommitted to said committee
       AN ACT to amend the agriculture and markets law, in relation to increas-
         ing certain penalties for aggravated cruelty to animals
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  This act shall be known and may  be  cited  as  "Phoenix's
    2  law".
    3    S  2.  Subdivision  3  of section 353-a of the agriculture and markets
    4  law, as added by chapter 118 of the laws of 1999, is amended to read  as
    5  follows:
    6    3. Aggravated cruelty to animals is a felony. A defendant convicted of
    7  this  offense  shall be sentenced [pursuant to paragraph (b) of subdivi-
    8  sion one of section 55.10 of the penal law provided, however,  that  any
    9  term  of  imprisonment  imposed for violation of this section shall be a
   10  definite sentence, which may not exceed two years] TO A PERIOD OF IMPRI-
   11  SONMENT NOT TO EXCEED FOUR YEARS, BY A FINE NOT TO EXCEED  TEN  THOUSAND
   12  DOLLARS  OR BY BOTH SUCH FINE AND IMPRISONMENT. IN ADDITION TO ANY OTHER
   13  PENALTY PROVIDED BY LAW, THE COURT SHALL ORDER ANY  DEFENDANT  CONVICTED
   14  OF THIS OFFENSE, INCLUDING A DEFENDANT WHO HAS BEEN ADJUDICATED A YOUTH-
   15  FUL  OFFENDER, TO UNDERGO A PSYCHIATRIC EVALUATION BY A QUALIFIED MENTAL
   16  HEALTH PROFESSIONAL AND MAY REQUIRE THAT SUCH PERSON, AT HIS OR HER  OWN
   17  EXPENSE, ENTER AND COMPLETE ANY TREATMENT OR PROGRAM DEEMED NECESSARY TO
   18  TREAT  ANY  MENTAL DISEASE, MENTAL DEFECT OR MENTAL CONDITION, WHICH MAY
   19  HAVE CAUSED OR CONTRIBUTED TO SUCH OFFENSE.
   20    S 3. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04677-02-3