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

                                  7260

                            I N  S E N A T E

                               May 2, 2012
                               ___________

Introduced  by Sen. McDONALD -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, the social services law, the family court
  act and 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:

  Section  1.  Subdivision  1  of  section  260.10  of the penal law, as
amended by chapter 447 of the laws  of  2010,  is  amended  to  read  as
follows:
  1.  He or she knowingly acts in a manner likely to be injurious to the
physical, mental or moral welfare of a child less than  seventeen  years
old,  INCLUDING  BUT  NOT LIMITED TO COMMITTING AN ACT OR ACTS OF ANIMAL
CRUELTY IN THE PRESENCE OF A CHILD, or directs or authorizes such  child
to engage in an occupation involving a substantial risk of danger to his
or her life or health; or
  S  2.  Subdivision  2  of  section  412 of the social services law, as
amended by chapter 323 of the laws  of  2008,  is  amended  to  read  as
follows:
  2. A "maltreated child" includes:
  (a)  a  child under eighteen years of age not in "residential care" as
defined in subdivision four of section four  hundred  twelve-a  of  this
title:
  (i) defined as a neglected child by the family court act, or
  (ii)  who has had serious physical injury inflicted upon him or her by
other than accidental means[;], or
  (III) HAS WITNESSED AN ACT OR ACTS OF ANIMAL CRUELTY BY  A  PERSON  OR
PERSONS SUBJECT OF THE REPORT; OR
  (b) a child who is a neglected child in residential care as defined in
subdivision two of section four hundred twelve-a of this title;
  S  3.  Paragraph  (i)  of subdivision 4-a of section 371 of the social
services law, as added by chapter 782 of the laws of 1971  and  subpara-
graph  (B)  as amended by chapter 984 of the laws of 1981, is amended to
read as follows:

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

                                                           LBD09324-03-1

S. 7260                             2

  (i) whose physical, mental or emotional condition has been impaired or
is in imminent danger of becoming impaired as a result of the failure of
his OR HER parent or other person legally responsible  for  his  OR  HER
care to exercise a minimum degree of care:
  (A)  in  supplying  the  child  with adequate food, clothing, shelter,
education, medical or surgical care, though financially able to do so or
offered financial or other reasonable means to do so; or
  (B) in providing the child with proper supervision or guardianship, by
unreasonably inflicting or allowing to be inflicted harm, or a  substan-
tial  risk  thereof,  including  the  infliction  of  excessive corporal
punishment; or by misusing a drug or drugs;  or  by  misusing  alcoholic
beverages  to the extent that he OR SHE loses self-control of his OR HER
actions; OR BY COMMITTING AN ACT OR ACTS OF ANIMAL CRUELTY IN THE  PRES-
ENCE  OF  THE  CHILD; or by any other acts of a similarly serious nature
requiring the aid of  the  court;  provided,  however,  that  where  the
respondent  is  voluntarily and regularly participating in a rehabilita-
tive program, evidence that the respondent has repeatedly misused a drug
or drugs or alcoholic beverages to the extent that he OR SHE loses self-
control of his OR HER actions shall not establish that the  child  is  a
neglected child in the absence of evidence establishing that the child's
physical, mental or emotional condition has been impaired or is in immi-
nent  danger of becoming impaired as set forth in THIS paragraph [(i) of
this subdivision]; or
  S 4. Paragraph (i) of subdivision (f) of section 1012  of  the  family
court act, as added by chapter 962 of the laws of 1970, subparagraph (A)
as  amended  by  chapter 469 of the laws of 1971 and subparagraph (B) as
amended by chapter 984 of the laws  of  1981,  is  amended  to  read  as
follows:
  (i) whose physical, mental or emotional condition has been impaired or
is in imminent danger of becoming impaired as a result of the failure of
his  OR  HER  parent  or other person legally responsible for his OR HER
care to exercise a minimum degree of care:
  (A) in supplying the child with adequate food,  clothing,  shelter  or
education  in  accordance  with  the  provisions  of part one of article
sixty-five of the education law, or  medical,  dental,  optometrical  or
surgical  care, though financially able to do so or offered financial or
other reasonable means to do so; or
  (B) in providing the child with proper supervision or guardianship, by
unreasonably inflicting or allowing to be inflicted harm, or a  substan-
tial  risk  thereof,  including  the  infliction  of  excessive corporal
punishment; or by misusing a drug or drugs;  or  by  misusing  alcoholic
beverages  to the extent that he OR SHE loses self-control of his OR HER
actions; OR BY COMMITTING AN ACT OR ACTS OF ANIMAL CRUELTY IN THE  PRES-
ENCE  OF  THE  CHILD; or by any other acts of a similarly serious nature
requiring the aid of  the  court;  provided,  however,  that  where  the
respondent  is  voluntarily and regularly participating in a rehabilita-
tive program, evidence that the respondent has repeatedly misused a drug
or drugs or alcoholic beverages to the extent that he OR SHE loses self-
control of his OR HER actions shall not establish that the  child  is  a
neglected child in the absence of evidence establishing that the child's
physical, mental or emotional condition has been impaired or is in immi-
nent  danger of becoming impaired as set forth in THIS paragraph [(i) of
this subdivision]; or
  S 5. Section 353 of the agriculture and markets  law,  as  amended  by
chapter  458  of  the  laws of 1985, the opening paragraph as amended by
chapter 523 of the laws of 2005, is amended to read as follows:

S. 7260                             3

  S 353. Overdriving, torturing and injuring animals; failure to provide
proper sustenance. 1. (A) A person who overdrives,  overloads,  tortures
or cruelly beats or unjustifiably injures, maims, mutilates or kills any
animal,  whether  wild  or  tame, and whether belonging to himself or to
another,  or deprives any animal of necessary sustenance, food or drink,
or neglects or refuses to furnish it such sustenance or drink, or  caus-
es,  procures  or  permits  any  animal  to  be  overdriven, overloaded,
tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or
killed, or to be deprived of necessary food or drink,  or  who  wilfully
sets  on foot, instigates, engages in, or in any way furthers any act of
cruelty to any animal, or any act tending to produce  such  cruelty,  is
guilty  of  a  class  A misdemeanor and for purposes of paragraph (b) of
subdivision one of section 160.10 of the criminal procedure  law,  shall
be treated as a misdemeanor defined in the penal law.
  (B)  ANY PERSON WHO COMMITS ONE OR MORE OF THE ACTS SPECIFIED IN PARA-
GRAPH (A) OF THIS SUBDIVISION IN THE PRESENCE OF A CHILD IS GUILTY OF  A
CLASS E FELONY.
  2.  Nothing  herein contained shall be construed to prohibit or inter-
fere with any properly conducted scientific tests, experiments or inves-
tigations, involving the use of living animals, performed  or  conducted
in  laboratories  or institutions, which are approved for these purposes
by the state commissioner of health. The state  commissioner  of  health
shall  prescribe  the rules under which such approvals shall be granted,
including therein standards regarding the care and treatment of any such
animals. Such rules shall be published and copies thereof  conspicuously
posted in each such laboratory or institution. The state commissioner of
health  or  his  duly  authorized representative shall have the power to
inspect such laboratories or institutions to insure compliance with such
rules and standards. Each such approval may be revoked at any  time  for
failure  to comply with such rules and in any case the approval shall be
limited to a period not exceeding one year.
  S 6. Subdivisions 1 and 3 of section  353-a  of  the  agriculture  and
markets law, as added by chapter 118 of the laws of 1999, are amended to
read as follows:
  1.  A  person is guilty of aggravated cruelty to animals when, with no
justifiable purpose, he or  she  intentionally  kills  or  intentionally
causes  serious  physical  injury  to a companion animal with aggravated
cruelty.  For purposes of this section, "aggravated cruelty" shall  mean
conduct which:  [(i)] (A) is intended to cause extreme physical pain; or
[(ii)]  (B) is done or carried out in an especially depraved or sadistic
manner.
  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,] (A) ANY PERSON WHO
COMMITS  ONE  OR  MORE  OF THE ACTS SPECIFIED IN SUBDIVISION ONE OF THIS
SECTION IS GUILTY OF A CLASS E FELONY; PROVIDED however, that  any  term
of  imprisonment  imposed  for  [violation] A CONVICTION of this section
shall be a definite sentence, which may not exceed two years.
  (B) ANY PERSON WHO COMMITS ONE OR MORE OF THE ACTS SPECIFIED IN SUBDI-
VISION ONE OF THIS SECTION IN THE PRESENCE OF A CHILD  IS  GUILTY  OF  A
CLASS D FELONY.
  S 7. This act shall take effect on the one hundred eightieth day after
it shall have become a law.