BILL NUMBER: S7395
SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to increas-
ing the penalty for multiple convictions of torturing or failing to
provide sustenance to an animal
 
PURPOSE OR GENERAL IDEA OF BILL:
To prevent animal abuse by raising the penalty for subsequent acts of
cruelty which occur within five years of the conviction of this section
to an E felony when such cruelty is perpetrated against an animal.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends the opening paragraph of section three* hundred
fifty-three of the agriculture and markets law by adding; language that
would make any violation of this section within five years from the date
of a prior conviction of any violation of this section a felony. A
defendant convicted of this offense shall be sentenced pursuant to para-
graph b of subdivision one of section imprisonment imposed for a
violation of this section shall be a definite sentence, which may not
exceed two years.
Section two defines the effective date as the first of December follow-
ing the enactment date.
 
JUSTIFICATION:
Preventing those who abuse animals from committing similar acts in the
future is one of the purposes of New York's cruelty laws. Raising the
penalty to a felony for subsequent acts of cruelty' that occur within
five years of a conviction Will help law enforcement curb such activ-
ities and allow for the imposition lengthier periods of court super-
vision or imprisonment, as deemed appropriate. Moreover, cruelty toward
animals has been linked to future violence toward human victims, partic-
ularly vulnerable people such as domestic partners and children. Treat-
ing repeat offenses of animal Cruelty as felonies is Consonant with the
goal of preventing future violence toward human-and animal victims.
 
LEGISLATIVE HISTORY:
A1650 of 2023 and 2024, referred to agriculture. No Same as
A.5039 of 2021 and 2022, referred to agriculture. Same as S.7302 of 2021
and 2022, referred to agriculture.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
The first of December following the date of enactment.