Assembly Bill A534

2015-2016 Legislative Session

Relates to acts of animal cruelty in the presence of a child

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Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-A534 (ACTIVE) - Details

See Senate Version of this Bill:
S6580
Current Committee:
Assembly Codes
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd ยง353-a, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6075
2013-2014: A706
2017-2018: A2140, S2470
2019-2020: A2664, S3327
2021-2022: A3726
2023-2024: A1430

2015-A534 (ACTIVE) - Summary

Defines "aggravated cruelty" and 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.

2015-A534 (ACTIVE) - Bill Text download pdf 

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

                                   534

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M. of A. ROSENTHAL, MOYA, CAMARA, LUPARDO -- Multi-Spon-
  sored by -- M. of A.    CERETTO,  COLTON,  GLICK,  LIFTON,  McDONOUGH,
  TENNEY, 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:

  Section  1.   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.  FOR THE PURPOSES OF THIS SECTION, "IN THE PRESENCE OF A
CHILD"  SHALL  MEAN IN THE PHYSICAL PRESENCE OF A CHILD UNDER THE AGE OF
EIGHTEEN KNOWING OR HAVING REASON TO KNOW THAT A CHILD  IS  PRESENT  AND
MAY SEE OR HEAR SUCH ACT.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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