Assembly Bill A394

2023-2024 Legislative Session

Relates to aggravated cruelty to animals in the presence of a child

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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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2023-A394 (ACTIVE) - Details

Current Committee:
Assembly Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §353-a, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:
2015-2016: A6126
2017-2018: A3845
2019-2020: A831
2021-2022: A474

2023-A394 (ACTIVE) - Summary

Relates to aggravated cruelty to animals in the presence of a child; increases the potential term of imprisonment from two to four years when such crime is committed in the presence of a child; defines presence of a child.

2023-A394 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    394
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Agriculture
 
 AN ACT to amend the agriculture and markets law, in relation  to  aggra-
   vated cruelty to animals 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 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 subdivision
 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 defi-
 nite sentence, which may not exceed two years, EXCEPT  THAT  ANY  PERSON
 WHO COMMITS ONE OR MORE OF THE ACTS SPECIFIED IN SUBDIVISION ONE OF THIS
 SECTION  IN  THE PRESENCE OF A CHILD MAY BE SENTENCED TO A PERIOD NOT TO
 EXCEED FOUR YEARS. FOR PURPOSES OF THIS SECTION, "IN THE PRESENCE  OF  A
 CHILD"  SHALL  MEAN IN THE PHYSICAL PRESENCE OF A CHILD UNDER THE AGE OF
 EIGHTEEN KNOWING OR HAVING REASON TO KNOW THAT CHILD IS PRESENT AND  MAY
 SEE OR HEAR SUCH ACT.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00713-01-3



              

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