S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8444

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 20, 2009
                               ___________

Introduced  by M. of A. TEDISCO, CONTE, CALHOUN, THIELE, O'MARA, AMEDORE
  -- Multi-Sponsored by -- M. of A.  ALFANO,  BACALLES,  BALL,  BARCLAY,
  BURLING,  CROUCH,  DUPREY,  ERRIGO,  FINCH, GIGLIO, HAYES, KOLB, McDO-
  NOUGH, McKEVITT, MOLINARO, OAKS, RAIA, SALADINO, SCOZZAFAVA,  TOBACCO,
  TOWNSEND -- read once and referred to the Committee on Agriculture

AN ACT to amend the agriculture and markets law, in relation to increas-
  ing certain penalties for violating the prohibition of animal fighting
  and for aggravated cruelty to animals

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The opening paragraph of subdivision 2 of  section  351  of
the  agriculture  and markets law, as amended by chapter 190 of the laws
of 2004, is amended to read as follows:
  Any person who engages in any of the following conduct is guilty of  a
felony  punishable by imprisonment for a period not to exceed [four] SIX
years, or by a fine not to exceed [twenty-five] THIRTY thousand dollars,
or by both such fine and imprisonment:
  S 2. Paragraph (a) of subdivision 3 of section 351 of the  agriculture
and markets law, as added by chapter 150 of the laws of 1984, is amended
to read as follows:
  (a)  Any  person  who engages in conduct specified in paragraph (b) of
this subdivision is guilty of a [misdemeanor] FELONY and  is  punishable
by  imprisonment for a period not to exceed [one year] FOUR YEARS, or by
a fine not to exceed [fifteen] TWENTY thousand dollars, or by both  such
fine and imprisonment.
  S  3. Paragraph (a) of subdivision 4 of section 351 of the agriculture
and markets law, as added by chapter 150 of the laws of 1984, is amended
to read as follows:
  (a) Any person who engages  in  conduct  specified  in  paragraph  (b)
[hereof]  OF THIS SUBDIVISION is guilty of a [misdemeanor] FELONY and is
punishable by imprisonment for a period not to  exceed  [one  year]  TWO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09988-01-9
              

A. 8444                             2

YEARS, or by a fine not to exceed [one] TEN thousand dollars, or by both
such fine and imprisonment.
  S  4.  Subdivision  3  of section 353-a of the agriculture and markets
law, as added by chapter 118 of the laws of 1999, is amended to read  as
follows:
  3. Aggravated cruelty to animals is a felony. A defendant convicted of
this  offense  shall be sentenced [pursuant to paragraph (b) of subdivi-
sion one of section 55.10 of the penal law provided, however,  that  any
term  of  imprisonment  imposed for violation of this section shall be a
definite sentence, which may not exceed two years] TO A PERIOD OF IMPRI-
SONMENT NOT TO EXCEED FOUR YEARS, BY A FINE NOT TO EXCEED  TEN  THOUSAND
DOLLARS OR BY BOTH SUCH FINE AND IMPRISONMENT.  IN ADDITION TO ANY OTHER
PENALTY  PROVIDED  BY LAW, THE COURT SHALL ORDER ANY DEFENDANT CONVICTED
OF THIS OFFENSE, INCLUDING A DEFENDANT WHO HAS BEEN ADJUDICATED A YOUTH-
FUL OFFENDER, TO UNDERGO A PSYCHIATRIC EVALUATION BY A QUALIFIED  MENTAL
HEALTH  PROFESSIONAL AND MAY REQUIRE THAT SUCH PERSON, AT HIS OR HER OWN
EXPENSE, ENTER AND COMPLETE ANY TREATMENT OR PROGRAM DEEMED NECESSARY TO
TREAT ANY MENTAL DISEASE, MENTAL DEFECT OR MENTAL CONDITION,  WHICH  MAY
HAVE CAUSED OR CONTRIBUTED TO SUCH OFFENSE.
  S 5. This act shall take effect immediately.