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.

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S3805-2011 Actions

• Jan 4, 2012: REFERRED TO AGRICULTURE
• Mar 4, 2011: REFERRED TO AGRICULTURE

S3805-2011 Memo

BILL NUMBER:S3805

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

PURPOSE:
To impose additional penalties upon persons convicted of
animal abuse.

SUMMARY OF PROVISIONS:
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:
Section 2. The court, for a person who tortures or cruelly beats or
unjustifiably injures, maims, mutilates or kills any animal, whether
wild or tame, and whether belonging to himself 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 section order an immediate and thorough psychiatric
analysis and evaluation 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.
Section 3. Notwithstanding any inconsistent provision of the family
court act, or any 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.
Section 4. 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 fanning
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 penalties for animal abuse and
cruelty, it is also necessary to require a psychiatric evaluation for
every person convicted of animal abuse, with provisions for treatment
when recommended and periodic reevaluation 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.

LEGISLATIVE HISTORY:
New bill in Senate.

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 have become law.

S3805-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    3805

                         2011-2012 Regular Sessions

                              I N  SENATE

                                March 4, 2011
                                 ___________

  Introduced  by  Sen.  BALL  --  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 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:

    S 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 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 wilful-
  ly 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 para-
  graph (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  HIMSELF  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
  SECTION ORDER AN IMMEDIATE AND THOROUGH PSYCHIATRIC ANALYSIS AND  EVALU-
  ATION  BY A COMPETENT PROFESSIONAL, AND WHERE NECESSARY REQUIRE A PERSON

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD01466-01-1

 S. 3805                             2

  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  duly
  authorized representative shall have the power to inspect such laborato-
  ries 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.
    S 2. This act shall take effect on the first of November next succeed-
  ing the date on which it shall have become a law.