Assembly Bill A3528

2025-2026 Legislative Session

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

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Sponsored By

Current 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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2025-A3528 (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
2021-2022: A3726
2023-2024: A1430

2025-A3528 (ACTIVE) - Summary

Defines "aggravated cruelty"; 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.

2025-A3528 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3528
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2025
                                ___________
 
 Introduced by M. of A. ROSENTHAL, LUPARDO -- Multi-Sponsored by -- M. of
   A. COLTON, GLICK, McDONOUGH -- 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]  SUCH  PERSON  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 phys-
 ical 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
                       [ ] is old law to be omitted.

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