Bill Text: NY A01567 | 2011-2012 | General Assembly | Introduced

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Bill Title: Requires unsealing of court records of youthful offenders convicted of animal abuse offense; provides that such persons undergo a psychiatric evaluation and treatment where necessary.

Sponsorship: Slight Partisan Bill (Republican 17-7)

Status: (Introduced - Dead) 2012-05-08 - held for consideration in agriculture [A01567 Detail]

Download: New_York-2011-A01567-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1567
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 10, 2011
                                      ___________
       Introduced  by  M.  of  A.  TEDISCO  --  Multi-Sponsored  by -- M. of A.
         BARCLAY, CONTE, KOLB, THIELE -- read once and referred to the  Commit-
         tee on Agriculture
       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:
    1    Section 1. Section 353 of the agriculture and markets law, as  amended
    2  by  chapter 458 of the laws of 1985 and the opening paragraph as amended
    3  by chapter 523 of the laws of 2005, is amended to read as follows:
    4    S 353. Overdriving, torturing and injuring animals; failure to provide
    5  proper sustenance. 1. A person who overdrives[,] OR overloads[, tortures
    6  or cruelly beats or unjustifiably injures, maims,  mutilates  or  kills]
    7  any animal, whether wild or tame, and whether belonging to himself or to
    8  another,  or deprives any animal of necessary sustenance, food or drink,
    9  or neglects or refuses to furnish it such sustenance or drink, or  caus-
   10  es,  procures  or  permits  any  animal  to  be  overdriven, overloaded,
   11  [tortured, cruelly beaten, or unjustifiably injured,  maimed,  mutilated
   12  or killed,] or to be deprived of necessary food or drink, or who wilful-
   13  ly sets on foot, instigates, engages in, or in any way furthers any SUCH
   14  act  of  cruelty  to any animal, or any SUCH act tending to produce such
   15  cruelty, is guilty of a class A misdemeanor and for  purposes  of  para-
   16  graph (b) of subdivision one of section 160.10 of the criminal procedure
   17  law, shall be treated as a misdemeanor defined in the penal law.
   18    2. THE COURT, FOR A PERSON WHO TORTURES OR CRUELLY BEATS OR UNJUSTIFI-
   19  ABLY  INJURES,  MAIMS,  MUTILATES  OR  KILLS ANY ANIMAL, WHETHER WILD OR
   20  TAME, AND WHETHER BELONGING  TO  HIMSELF  OR  ANOTHER,  OR  WHO  CAUSES,
   21  PROCURES  OR  PERMITS  ANY  ANIMAL  TO  BE  TORTURED, CRUELLY BEATEN, OR
   22  UNJUSTIFIABLY INJURED, MAIMED, MUTILATED OR KILLED SHALL, IN ADDITION TO
   23  ANY OTHER PENALTY OTHERWISE IMPOSED BY  LAW  FOR  A  VIOLATION  OF  THIS
   24  SECTION  ORDER AN IMMEDIATE AND THOROUGH PSYCHIATRIC ANALYSIS AND EVALU-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01466-01-1
       A. 1567                             2
    1  ATION BY A COMPETENT PROFESSIONAL, AND WHERE NECESSARY REQUIRE A  PERSON
    2  WHO  VIOLATES  ANY  OF  SUCH  PROVISIONS  TO ENTER INTO AND SUCCESSFULLY
    3  COMPLETE ANY TREATMENT OR PROGRAM DEEMED HELPFUL IN  MODIFYING  BEHAVIOR
    4  PATTERNS OR TREATING ANY MENTAL ILLNESS WHICH MAY CAUSE OR CONTRIBUTE TO
    5  SUCH ILLEGAL ACTIVITIES.
    6    3. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THE FAMILY COURT ACT,
    7  OR  ANY OTHER PROVISION OF LAW WHERE A PERSON DEEMED A YOUTHFUL OFFENDER
    8  VIOLATES ANY PROVISION OF THIS SECTION, ANY RECORD OR MATTER  CONSIDERED
    9  IN  CONNECTION  WITH  THE  ADJUDICATION ENTERED WITH RESPECT TO THE SAME
   10  SHALL NOT BE SEALED OR OTHERWISE PROTECTED FROM DISCLOSURE  AND  MAY  BE
   11  USED  FOR  ANY  LAWFUL  PURPOSE  IN ANY SUBSEQUENT PROSECUTION, WHENEVER
   12  COMMENCED.
   13    4. Nothing [herein] contained IN THIS SECTION shall  be  construed  to
   14  prohibit  or  interfere  with  any  properly conducted scientific tests,
   15  experiments or investigations, involving  the  use  of  living  animals,
   16  performed  or  conducted  in  laboratories  or  institutions,  which are
   17  approved for these purposes by the [state] commissioner of  health.  The
   18  [state]  commissioner  of  health  shall prescribe the rules under which
   19  such approvals shall be granted, including therein  standards  regarding
   20  the  care  and  treatment  of  any  such  animals.  Such  rules shall be
   21  published and copies thereof conspicuously posted in each such laborato-
   22  ry or institution. The  [state]  commissioner  of  health  or  his  duly
   23  authorized representative shall have the power to inspect such laborato-
   24  ries or institutions to insure compliance with such rules and standards.
   25  Each such approval may be revoked at any time for failure to comply with
   26  such rules and in any case the approval shall be limited to a period not
   27  exceeding one year.
   28    NOTHING  CONTAINED  IN  THIS SECTION SHALL BE CONSTRUED TO PROHIBIT OR
   29  INTERFERE IN ANY WAY WITH ANYONE LAWFULLY ENGAGED IN HUNTING,  TRAPPING,
   30  OR  FISHING,  AS  DEFINED BY THE ENVIRONMENTAL CONSERVATION LAW; OR WITH
   31  THE ROUTINE MANAGEMENT OF A FARMING OPERATION;  OR  THE  ERADICATION  OF
   32  VERMIN;  OR  THE DISPATCH OF RABID OR DISEASED ANIMALS OR ANIMALS POSING
   33  AN IMMINENT THREAT TO HUMAN SAFETY.
   34    S 2. This act shall take effect on the first of November next succeed-
   35  ing the date on which it shall have become a law.