Increases certain penalties for aggravated cruelty to animals.
Ayes (56): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Squadron, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
Nays (2): Montgomery, Perkins
Excused (3): Espaillat, Hassell-Thomps, Smith
TITLE OF BILL: An act to amend the agriculture and markets law, in relation to increasing certain penalties for aggravated cruelty to animals
PURPOSE OR GENERAL IDEA OF BILL: This legislation deemed "Phoenix's Law" would double the penalties for aggravated cruelty to animals as well as require the individual to undergo a psychiatric evaluation.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 sets the title for this act as Phoenix's Law.
Section 2 states that aggravated cruelty to animals shall have a maximum punishment of up to four years in prison and a fine not to exceed ten thousand dollars. Further the court shall require any defendant convicted under this statute to undergo a psychiatric evaluation.
Section 3 is the effective date.
JUSTIFICATION: Current laws for aggravated animal cruelty are too lax and must be made stronger. It has been proven that youthful offenders who participate in animal cruelty are statistically significantly more likely to continue and engage in other criminally violent endeavors. By strengthening the penalties for this act and requiring psychiatric evaluation and if necessary treatment we will be able to better protect our animals as well as the public as a whole.
On October 29th Phoenix a five and a half year old Jack Russell Terrier was intentionally set on fire and miraculously survived. Phoenix had endured weeks of abuse by two individuals. Phoenix has become a rallying cry for changes to our animal abuse laws not only in the city of Buffalo and Western New York but worldwide.
PRIOR LEGISLATIVE HISTORY: New Bill
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 2129 2013-2014 Regular Sessions IN SENATE January 11, 2013 ___________Introduced by Sen. GRISANTI -- 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 aggravated cruelty to animals THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as "Phoenix's law". S 2. 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. S 3. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04677-03-3