S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    299
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sens.  TEDISCO,  HINCHEY, O'MARA, WEIK -- 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 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00830-01-3
              

 S. 299                              2
 
 YEARS, or by a fine not to exceed [one] TEN thousand dollars, or by both
 such fine and imprisonment.
   §  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.