S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8082
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 25, 2017
                                ___________
 
 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 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:
   §  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.
   § 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
 YEARS, or by a fine not to exceed [one] TEN thousand dollars, or by both
 such fine and imprisonment.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06415-01-7
              

 A. 8082                             2
 
   § 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.
   § 5. This act shall take effect immediately.