BILL NUMBER: S1648
SPONSOR: OBERACKER
 
TITLE OF BILL:
An act to amend the criminal procedure law, in relation to authorizing
bail for principals charged with aggravated cruelty to animals
 
PURPOSE OR GENERAL IDEA OF BILL:
Authorizes bail for principals charged with aggravated cruelty to
animals  
SUMMARY OF PROVISIONS: Adds aggravated cruelty to animals as
defined in section three hundred fifty-three-a of the agriculture and
markets law to the list of bail eligible crimes where necessary.
 
JUSTIFICATION:
Aggravated cruelty to animals, commonly known as animal cruelty is a
heinous crime against an innocent creature that is unlikely or unable to
defend itself. As such those who commit this crime are especially evil
and liable to commit this crime or another serious crime again before
their trial since there are no safeguards to prevent someone charged
with this crime from purchasing or finding another animal to abuse the
day they are released pending their trial.
According to the FBI, 75% of abused women with pets reported a history
of their pet being threatened or intentionally harmed by their abuser,
with children being present and witnessing that violence over 90% of the
time. Additionally, animal cruelty is a strong predictor of current and
future violence, including assault, rape, murder, arson, domestic
violence, and sexual abuse of children. In some cases, such as sexual
abuse it is a better predictor than homicide.
Under the new cashless bail laws of New York State aggravated cruelty to
animals is not bail eligible. This legislation intends to restore judi-
cial discretion in cases of suspected animal cruelty.
 
PRIOR LEGISLATIVE HISTORY:
2023-24: A.5820
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Nominal
 
EFFECTIVE DATE:
Immediately

Statutes affected:
S1648: 510.10 criminal procedure law, 510.10(4) criminal procedure law, 530.20 criminal procedure law, 530.20(1) criminal procedure law, 530.40 criminal procedure law, 530.40(4) criminal procedure law