Bill Text: NY A06126 | 2015-2016 | General Assembly | Introduced
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) 2016-01-06 - referred to agriculture [A06126 Detail]
Download: New_York-2015-A06126-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 6126 2015-2016 Regular Sessions I N A S S E M B L Y March 16, 2015 ___________ Introduced by M. of A. 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 S 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. LBD09860-01-5