A6075-2011 Actions

• Jan 4, 2012: referred to codes
• Mar 4, 2011: referred to codes

A6075-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         6075
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 March 4, 2011
 
 Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
 Committee on Codes
 

AN ACT to amend the penal law, the social services law, the family court
 act and 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.  Subdivision  1  of  section  260.10  of the penal law, as
 amended by chapter 447 of the laws  of  2010,  is  amended  to  read  as
 follows:

 1.  He or she knowingly acts in a manner likely to be injurious to the
 physical, mental or moral welfare of a child less than  seventeen  years
 old,  INCLUDING  BUT  NOT LIMITED TO COMMITTING 

AN ACT OR ACTS OF ANIMAL
 CRUELTY IN THE PRESENCE OF A CHILD, or directs or authorizes such  child
 to engage in an occupation involving a substantial risk of danger to his
 or her life or health; or
 

S  2.  Subdivision  2  of  section  412 of the social services law, as
 amended by chapter 323 of the laws  of  2008,  is  amended  to  read  as
 follows:

 2. A "maltreated child" includes:

 (a)  a  child under eighteen years of age not in "residential care" as
 defined in subdivision four of section four  hundred  twelve-a  of  this
 title:

 (i) defined as a neglected child by the family court act, or
 (ii)  who has had serious physical injury inflicted upon him or her by
 other than accidental means[;], or
 (III) HAS WITNESSED 

AN ACT OR ACTS OF ANIMAL CRUELTY BY  A  PERSON  OR
 PERSONS SUBJECT OF THE REPORT; OR
 (b) a child who is a neglected child in residential care as defined in
 subdivision two of section four hundred twelve-a of this title;
 

S  3.  Paragraph  (i)  of subdivision 4-a of section 371 of the social
 services law, as added by chapter 782 of the laws of 1971  and  subpara
 graph  (B)  as amended by chapter 984 of the laws of 1981, is amended to
 read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09324-03-1
 
       A. 6075                             2
 (i) whose physical, mental or emotional condition has been impaired or
 is in imminent danger of becoming impaired as a result of the failure of
 his OR HER parent or other person legally responsible  for  his  OR  HER
 care to exercise a minimum degree of care:

 (A)  in  supplying  the  child  with adequate food, clothing, shelter,
 education, medical or surgical care, though financially able to do so or
 offered financial or other reasonable means to do so; or
 (B) in providing the child with proper supervision or guardianship, by
 unreasonably inflicting or allowing to be inflicted harm, or a  substan
 tial  risk  thereof,  including  the  infliction  of  excessive corporal
 punishment; or by misusing a drug or drugs;  or  by  misusing  alcoholic
 beverages  to the extent that he OR SHE loses self-control of his OR HER
 actions; OR BY COMMITTING 

AN ACT OR ACTS OF ANIMAL CRUELTY IN THE  PRES
 ENCE  OF  THE  CHILD; or by any other acts of a similarly serious nature
 requiring the aid of  the  court;  provided,  however,  that  where  the
 respondent  is  voluntarily and regularly participating in a rehabilita
 tive program, evidence that the respondent has repeatedly misused a drug
 or drugs or alcoholic beverages to the extent that he OR SHE loses self
 control of his OR HER actions shall not establish that the  child  is  a
 neglected child in the absence of evidence establishing that the child's
 physical, mental or emotional condition has been impaired or is in immi
 nent  danger of becoming impaired as set forth in THIS paragraph [(i) of
 this subdivision]; or
 

S 4. Paragraph (i) of subdivision (f) of section 1012  of  the  family
 court act, as added by chapter 962 of the laws of 1970, subparagraph (A)
 as  amended  by  chapter 469 of the laws of 1971 and subparagraph (B) as
 amended by chapter 984 of the laws  of  1981,  is  amended  to  read  as
 follows:

 (i) whose physical, mental or emotional condition has been impaired or
 is in imminent danger of becoming impaired as a result of the failure of
 his  OR  HER  parent  or other person legally responsible for his OR HER
 care to exercise a minimum degree of care:

 (A) in supplying the child with adequate food,  clothing,  shelter  or
 education  in  accordance  with  the  provisions  of part one of article
 sixty-five of the education law, or  medical,  dental,  optometrical  or
 surgical  care, though financially able to do so or offered financial or
 other reasonable means to do so; or
 (B) in providing the child with proper supervision or guardianship, by
 unreasonably inflicting or allowing to be inflicted harm, or a  substan
 tial  risk  thereof,  including  the  infliction  of  excessive corporal
 punishment; or by misusing a drug or drugs;  or  by  misusing  alcoholic
 beverages  to the extent that he OR SHE loses self-control of his OR HER
 actions; OR BY COMMITTING 

AN ACT OR ACTS OF ANIMAL CRUELTY IN THE  PRES
 ENCE  OF  THE  CHILD; or by any other acts of a similarly serious nature
 requiring the aid of  the  court;  provided,  however,  that  where  the
 respondent  is  voluntarily and regularly participating in a rehabilita
 tive program, evidence that the respondent has repeatedly misused a drug
 or drugs or alcoholic beverages to the extent that he OR SHE loses self
 control of his OR HER actions shall not establish that the  child  is  a
 neglected child in the absence of evidence establishing that the child's
 physical, mental or emotional condition has been impaired or is in immi
 nent  danger of becoming impaired as set forth in THIS paragraph [(i) of
 this subdivision]; or
 

S 5.

Section 353 of the agriculture and markets  law,  as  amended  by
 chapter  458  of  the  laws of 1985, the opening paragraph as amended by
 chapter 523 of the laws of 2005, is amended to read as follows:

 
       A. 6075                             3
 

S 353. Overdriving, torturing and injuring animals; failure to provide
 proper sustenance. 1. (A) A person who overdrives,  overloads,  tortures
 or cruelly beats or unjustifiably injures, maims, mutilates or kills any
 animal,  whether  wild  or  tame, and whether belonging to himself or to
 another,  or deprives any animal of necessary sustenance, food or drink,
 or neglects or refuses to furnish it such sustenance or drink, or  caus
 es,  procures  or  permits  any  animal  to  be  overdriven, 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 act of
 cruelty to any animal, or any 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.
 (B)  ANY PERSON WHO COMMITS ONE OR MORE OF THE ACTS SPECIFIED IN PARA
 GRAPH (A) OF THIS SUBDIVISION IN THE PRESENCE OF A CHILD IS GUILTY OF  A
 CLASS E FELONY.
 2.  Nothing  herein contained shall be construed to prohibit or inter
 fere with any properly conducted scientific tests, experiments or inves
 tigations, 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 laboratory or institution. The state commissioner of
 health  or  his  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.
 

S 6. 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.
 

S 7. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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