NY State Senate Bill 2025-S1411

Current 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 09, 2025	referred to agriculture

co-Sponsors

2025-S1411 (ACTIVE) - Details

Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §353, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S814
2017-2018: S4039, S4043
2019-2020: S384
2021-2022: S230
2023-2024: S293

2025-S1411 (ACTIVE) - Summary

Requires unsealing of court records of youthful offenders convicted of animal abuse offense; provides that such persons undergo a psychiatric evaluation and treatment where necessary.

2025-S1411 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1411

SPONSOR: TEDISCO
 
TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to imposing
additional penalties for animal abuse

 
PURPOSE OR GENERAL IDEA OF BILL:

To prevent the crime of animal cruelty through evaluation and treatment
of offenders.

 
SUMMARY OF SPECIFIC PROVISIONS:

Provides that a person convicted of animal abuse or neglect would be
required to undergo a psychiatric evaluation and treatment as warranted.

Provides that, notwithstanding any inconsistent provision of law,
records of the crimes committed under this statute by youthful offenders
shall not be sealed.

Establishes that this legislation would not prohibit or interfere with
the legal practice of hunting, trapping or fishing, as defined by the Ag
& Markets Law, or the routine management of a farming operation, or the
eradication of vermin, or the dispatch of rabid or diseased animals or
animals posing an imminent threat to human safety.

 
JUSTIFICATION:

In addition to raising the penalties, it is also necessary to require a
psychiatric evaluation for every person convicted of animal abuse, with
provisions for treatment when recommended and periodic re-evaluation for
a period of time following conviction. This is needed to ensure that the
pattern of abuse -- and potential abusers -- is identified.

This bill also empowers the criminal justice system to track youthful
offenders who commit such crimes after the age when such record would
normally be sealed. It is important that Family Court does not become a
shield against the protection of our society.

 
PRIOR LEGISLATIVE HISTORY:

01/07/15:S.0814 REFERRED TO AGRICULTURE

01/06/16:S.0814 REFERRED TO AGRICULTURE

02/02/17:S.4043 REFERRED TO AGRICULTURE

01/03/18:S.4043 REFERRED TO AGRICULTURE

01/09/19:S.384 REFERRED TO AGRICULTURE

02/11/19:S.384 COMMITTEE DISCHARGED AND COMMITTED TO DOMESTIC ANIMAL
WELFARE

01/08/20:S.384 REFERRED TO DOMESTIC ANIMAL WELFARE

01/06/21:S.230 REFERRED TO AGRICULTURE
01/05/22:S.230 REFERRED TO AGRICULTURE

01/04/23:S.293 REFERRED TO AGRICULTURE

01/03/24:S.293 REFERRED TO AGRICULTURE

 
FISCAL IMPLICATIONS:

No new fiscal impact.

 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall become law.

2025-S1411 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1411
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2025
                                ___________
 
 Introduced  by  Sens.  TEDISCO,  O'MARA,  WEIK -- read twice and ordered
   printed, and when printed to be committed to the Committee on Agricul-
   ture
 
 AN ACT to amend the agriculture and markets law, in relation to imposing
   additional penalties for animal abuse
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 353 of the agriculture and markets law, as amended
 by chapter 458 of the laws of 1985 and the opening paragraph as  amended
 by chapter 523 of the laws of 2005, is amended to read as follows:
   § 353. Overdriving, torturing and injuring animals; failure to provide
 proper sustenance. 1. A person who overdrives[,] OR overloads[, tortures
 or  cruelly  beats  or unjustifiably injures, maims, mutilates or kills]
 any animal, whether wild or tame, and  whether  belonging  to  [himself]
 SUCH  PERSON  or  to another, or deprives any animal of necessary suste-
 nance, food or drink, or neglects or refuses to furnish it  such  suste-
 nance  or  drink,  or causes, procures or permits any animal to be over-
 driven, overloaded, [tortured, cruelly beaten, or unjustifiably injured,
 maimed, mutilated or killed,] or to be deprived  of  necessary  food  or
 drink,  or  who wilfully sets on foot, instigates, engages in, or in any
 way furthers any SUCH act of cruelty to any  animal,  or  any  SUCH  act
 tending  to produce such cruelty, is guilty of a class A misdemeanor and
 for purposes of paragraph (b) of subdivision one of  section  160.10  of
 the criminal procedure law, shall be treated as a misdemeanor defined in
 the penal law.
   2. THE COURT, FOR A PERSON WHO TORTURES OR CRUELLY BEATS OR UNJUSTIFI-
 ABLY  INJURES,  MAIMS,  MUTILATES  OR  KILLS ANY ANIMAL, WHETHER WILD OR
 TAME, AND WHETHER BELONGING TO SUCH PERSON OR ANOTHER,  OR  WHO  CAUSES,
 PROCURES  OR  PERMITS  ANY  ANIMAL  TO  BE  TORTURED, CRUELLY BEATEN, OR
 UNJUSTIFIABLY INJURED, MAIMED, MUTILATED OR KILLED SHALL, IN ADDITION TO
 ANY OTHER PENALTY OTHERWISE IMPOSED BY  LAW  FOR  A  VIOLATION  OF  THIS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02630-01-5

 S. 1411                             2
 
 SECTION  ORDER AN IMMEDIATE AND THOROUGH PSYCHIATRIC ANALYSIS AND EVALU-
 ATION BY A COMPETENT PROFESSIONAL, AND WHERE NECESSARY REQUIRE A  PERSON
 WHO  VIOLATES  ANY  OF  SUCH  PROVISIONS  TO ENTER INTO AND SUCCESSFULLY
 COMPLETE  ANY  TREATMENT OR PROGRAM DEEMED HELPFUL IN MODIFYING BEHAVIOR
 PATTERNS OR TREATING ANY MENTAL ILLNESS WHICH MAY CAUSE OR CONTRIBUTE TO
 SUCH ILLEGAL ACTIVITIES.
   3. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THE FAMILY COURT ACT,
 OR ANY OTHER PROVISION OF LAW WHERE A PERSON DEEMED A YOUTHFUL  OFFENDER
 VIOLATES  ANY PROVISION OF THIS SECTION, ANY RECORD OR MATTER CONSIDERED
 IN CONNECTION WITH THE ADJUDICATION ENTERED WITH  RESPECT  TO  THE  SAME
 SHALL  NOT  BE  SEALED OR OTHERWISE PROTECTED FROM DISCLOSURE AND MAY BE
 USED FOR ANY LAWFUL PURPOSE  IN  ANY  SUBSEQUENT  PROSECUTION,  WHENEVER
 COMMENCED.
   4.  Nothing  [herein]  contained IN THIS SECTION shall be construed to
 prohibit or interfere with  any  properly  conducted  scientific  tests,
 experiments  or  investigations,  involving  the  use of living animals,
 performed or  conducted  in  laboratories  or  institutions,  which  are
 approved  for  these purposes by the [state] commissioner of health. The
 [state] commissioner of health shall prescribe  the  rules  under  which
 such  approvals  shall be granted, including therein standards regarding
 the care and  treatment  of  any  such  animals.  Such  rules  shall  be
 published and copies thereof conspicuously posted in each such laborato-
 ry  or  institution.  The  [state]  commissioner  of health or [his] THE
 COMMISSIONER'S duly authorized representative shall have  the  power  to
 inspect such laboratories or institutions to insure compliance with such
 rules  and  standards. Each such approval may be revoked at any time for
 failure to comply with such rules and in any case the approval shall  be
 limited to a period not exceeding one year.
   NOTHING  CONTAINED  IN  THIS SECTION SHALL BE CONSTRUED TO PROHIBIT OR
 INTERFERE IN ANY WAY WITH ANYONE LAWFULLY ENGAGED IN HUNTING,  TRAPPING,
 OR  FISHING,  AS  DEFINED BY THE ENVIRONMENTAL CONSERVATION LAW; OR WITH
 THE ROUTINE MANAGEMENT OF A FARMING OPERATION;  OR  THE  ERADICATION  OF
 VERMIN;  OR  THE DISPATCH OF RABID OR DISEASED ANIMALS OR ANIMALS POSING
 AN IMMINENT THREAT TO HUMAN SAFETY.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S1411

Sponsored By

Current Bill Status - In Senate Committee Agriculture Committee

co-Sponsors

2025-S1411 (ACTIVE) - Details

2025-S1411 (ACTIVE) - Summary

2025-S1411 (ACTIVE) - Sponsor Memo

2025-S1411 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1411

Share this bill

Sponsored By

James Tedisco

Current Bill Status - In Senate Committee Agriculture Committee

co-Sponsors

Thomas F. O'Mara

Alexis Weik

2025-S1411 (ACTIVE) - Details

2025-S1411 (ACTIVE) - Summary

2025-S1411 (ACTIVE) - Sponsor Memo

2025-S1411 (ACTIVE) - Bill Text download pdf

Comments