Bill Text: NY A01430 | 2023-2024 | General Assembly | Introduced

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Bill Title: Defines "aggravated cruelty"; makes any person who commits the conduct which falls under that definition guilty of a class E felony, punishable by up to two years imprisonment; defines "in the presence of a child" and makes any person who commits the conduct which falls under that definition, guilty of a class D felony.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Introduced) 2024-01-03 - referred to codes [A01430 Detail]

Download: New_York-2023-A01430-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1430

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 17, 2023
                                       ___________

        Introduced by M. of A. L. ROSENTHAL, LUPARDO -- Multi-Sponsored by -- M.
          of  A.  COLTON,  GLICK, McDONOUGH, THIELE -- read once and referred to
          the Committee on Codes

        AN ACT to amend the agriculture and markets law, in relation to acts  of
          animal cruelty 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.  Subdivisions 1 and 3 of section 353-a of  the  agriculture
     2  and  markets  law,  as  added  by  chapter  118 of the laws of 1999, are
     3  amended to read as follows:
     4    1. A person is guilty of aggravated cruelty to animals when,  with  no
     5  justifiable  purpose,  he  or  she  intentionally kills or intentionally
     6  causes serious physical injury to a  companion  animal  with  aggravated
     7  cruelty.   For purposes of this section, "aggravated cruelty" shall mean
     8  conduct which:  [(i)] (a) is intended to cause extreme physical pain; or
     9  [(ii)] (b) is done or carried out in an especially depraved or  sadistic
    10  manner.
    11    3.  [Aggravated  cruelty to animals is a felony. A defendant convicted
    12  of this offense shall be sentenced pursuant to paragraph (b) of subdivi-
    13  sion one of section 55.10 of the penal law provided,] (a) Any person who
    14  commits one or more of the acts specified in  subdivision  one  of  this
    15  section  is  guilty of a class E felony; provided however, that any term
    16  of imprisonment imposed for [violation] a  conviction  of  this  section
    17  shall be a definite sentence, which may not exceed two years.
    18    (b) Any person who commits one or more of the acts specified in subdi-
    19  vision  one  of  this  section in the presence of a child is guilty of a
    20  class D felony.  For the purposes of this section, "in the presence of a
    21  child" shall mean in the physical presence of a child under the  age  of
    22  eighteen  knowing  or  having reason to know that a child is present and
    23  may see or hear such act.
    24    § 2. This act shall take effect on the one hundred eightieth day after
    25  it shall have become a law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01330-01-3