Assembly Bill A3726

2021-2022 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 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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2021-A3726 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §353-a, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6075
2013-2014: A706
2015-2016: A534
2017-2018: A2140
2019-2020: A2664
2023-2024: A1430

2021-A3726 (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.

2021-A3726 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3726
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2021
                                ___________
 
 Introduced by M. of A. L. ROSENTHAL, LUPARDO -- Multi-Sponsored by -- M.
   of  A.  COLTON,  GLICK, McDONOUGH, 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.
   § 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

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