Senate Bill S6580

2015-2016 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Agriculture 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-S6580 (ACTIVE) - Details

See Assembly Version of this Bill:
A534
Current Committee:
Senate Agriculture
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: S2470, A2140
2019-2020: S3327, A2664
2021-2022: A3726
2023-2024: A1430

2015-S6580 (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-S6580 (ACTIVE) - Sponsor Memo

2015-S6580 (ACTIVE) - Bill Text download pdf 

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

                                  6580

                            I N  S E N A T E

                            January 27, 2016
                               ___________

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

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.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04014-01-5

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