NY State Senate Bill 2025-S1743

Senate Bill S1743

2025-2026 Legislative Session

Requires certain peace officers to issue an appearance ticket, summon or arrest any person offending the provisions of article 26 of the agriculture and markets law

download bill text pdf

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 13, 2025	referred to agriculture

2025-S1743 (ACTIVE) - Details

Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §371, Ag & Mkts L

2025-S1743 (ACTIVE) - Summary

Requires certain peace officers to issue an appearance ticket, summon or arrest and bring before the appropriate court any person offending the provisions of article 26 of the agriculture and markets law.

2025-S1743 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1743

SPONSOR: MARTINEZ
 
TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to the
powers of peace officers

 
PURPOSE:

To bring parity between police officers and peace officers of any duly
incorporated society for the prevention of cruelty to animals, regarding
the issuance of appearance tickets, summons or arrests.

 
SUMMARY OF PROVISIONS:

Section 1. Section 371 of the agriculture and markets law, as amended 2
by chapter 573 of the laws of 1978, is amended to require peace officers
of society for the prevention of cruelty to animals to issue an appear-
ance ticket, summon or arrest pursuant to criminal procedure law and
this section.

Section 2. Establishes the enacting clause.

 
JUSTIFICATION:

Animal cruelty has been unwaveringly linked to violence towards humans,
particularly partner and child abuse. Ample research cites that in homes
with domestic violence, fifty percent of children report the abuser
threatened to harm a companion animal,(1) and children who further abuse
animals are more than twice as likely to have suffered maltreatment
themselves.(2) States across the nation including New York have recog-
nized not only the tremendous value animals bring into our lives but
their sentience as well with advocates and legislators alike calling for
stronger sentencing in circumstances of abuse.

To ensure both humans and animals are free from abuse, neglect and aban-
donment, it is imperative the protections provided under the law are
upheld through proper charges and investigation if warranted.  Current
law stipulates a police officer must carry forth an action such as issu-
ing an appearance ticket or making an arrest, while it gives officers of
a society for the prevention of cruelty to animals (SPCA), the option to
do so. Often a county relies on a SPCA to pursue reports of animal
cruelty, therefore, this amendment clarifies the responsibility of and
further brings parity between such officers to respond to and address
alleged situations of animal cruelty under the law.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.
(1) Shelby Elaine McDonald et al. Children's Experiences of Companion
Animal Maltreatment in Households Characterized by Intimate Partner
Violence, 50 Child Abuse & Neglect 116 (2016)
(2) Roshni Trehan Ladny & Laura Meyer, Traumatized Witnesses: Review of
Childhood Exposure to Animal Cruelty, 13 J. Child & Adolescent Trauma
527 (2019).

2025-S1743 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1743
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2025
                                ___________
 
 Introduced  by Sen. MARTINEZ -- 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  the
   powers of peace officers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 371 of the agriculture and markets law, as  amended
 by chapter 573 of the laws of 1978, is amended to read as follows:
   § 371. Powers  of peace officers. A constable or police officer [must]
 SHALL, and any agent or officer of any duly incorporated society for the
 prevention of cruelty to animals [may] SHALL issue an appearance  ticket
 pursuant  to  section  150.20  of  the criminal procedure law, summon or
 arrest, and bring before a court or magistrate having jurisdiction,  any
 person  offending against any of the provisions of THIS article [twenty-
 six of the agriculture and markets law].  Any officer or agent of any of
 [said] SUCH societies [may] SHALL  lawfully  interfere  to  prevent  the
 perpetration  of  any act of cruelty upon any animal in [his] SUCH OFFI-
 CER'S OR AGENT'S presence. Any of  [said]  SUCH  societies  [may]  SHALL
 prefer  a  complaint  before  any  court,  tribunal or magistrate having
 jurisdiction, for the violation of any  law  relating  to  or  affecting
 animals  and [may] SHALL aid in presenting the law and facts before such
 court, tribunal or magistrate in any proceeding taken.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05314-01-5

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