Bill S3805-2011

Imposes additional penalties upon persons convicted of animal abuse

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

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 3805 2011-2012 Regular Sessions IN 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
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.

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