BILL NUMBER: S8030
SPONSOR: SKOUFIS
 
TITLE OF BILL:
An act to amend the criminal procedure law, the penal law and the family
court act, in relation to requiring principals convicted of certain
animal cruelty offenses undergo a presentencing forensic psychological
evaluation and a report be submitted to the court based on such evalu-
ation and to attend treatment based on such report
 
PURPOSE:
Requires principals convicted of certain animal cruelty offenses to
undergo a presentencing forensic psychological evaluation and a report
be submitted to the court based on such evaluation, and to attend treat-
ment.
 
SUMMARY OF PROVISIONS:
Section 1: Amends the criminal procedure law by adding a new section
390.25 to mandate that individuals convicted of certain animal cruelty
offenses must undergo a forensic psychological evaluation by a licensed
mental health professional trained in forensic assessments. The evalu-
ation must identify underlying causes of the offense, assess the defend-
ant's risk of reoffending or posing a danger to the community, and
provide sentencing recommendations such as counseling or rehabilitation.
In cases involving other animal-related offenses, the court has
discretion to order such an evaluation. The defendant is responsible for
the cost unless deemed indigent, in which case the state covers the
expense.
Section 2: Amends the penal law by adding a new section 60.14 to allow
courts to require individuals convicted of animal cruelty offenses to
attend counseling, humane education, rehabilitation programs, or other
appropriate treatments, based on recommendations from a forensic psycho-
logical evaluation. These programs can be conducted in person or remote-
ly. Defendants are responsible for the cost, but if found indigent, the
state will cover the expenses.
Section 3: Amends the Family Court Act by adding a new section 347.2 to
mandate that courts order a forensic psychological evaluation for any
respondent found to have committed certain serious animal cruelty
offenses. This evaluation, conducted by a licensed mental health profes-
sional, must be submitted before the court issues an order of disposi-
tion. The evaluation includes identifying underlying causes of the
offense, assessing the respondent's risk of reoffending, and recommend-
ing appropriate counseling or rehabilitation. For less severe animal
cruelty offenses, the evaluation is discretionary.
Section 4: Amends the Family Court Act is amended by addin44vhew section
353.8 to allow the court to order a respondent, found guilty of certain
animal cruelty offenses or sexual misconduct with an animal, to attend
counseling, humane education, a rehabilitation program, or other appro-
priate treatment. This decision is made after reviewing the forensic
psychological evaluation report submitted under Section 347.2. The
treatment may be conducted either in person or remotely. The respondent
is generally responsible for covering the costs, but if found indigent,
the state will pay for the treatment.
Section 5: Sets Effective Date.
 
JUSTIFICATION:
The Animal Legal Defense Fund is a national nonprofit organization dedi-
cated to protecting the lives and advancing the interests of animals
through the legal system. In 2024, the ALDF released a report called the
"2024 U.S. Animal Protection Laws Rankings: The Best and Worst States
and Territories for Animal Protection Laws," in which they ranked the
top five best and worst states for animal protection laws. Some of the
strongest animal cruelty prevention laws highlighted in the report
related to requiring or permitting courts to order a forensic psycholog-
ical evaluation of individuals convicted of, or found responsible for,
specified animal cruelty offenses. For example, Colorado mandates
psychological evaluations and treatment for anyone convicted of animal
cruelty.
This legislation responds to the well-established connection between
animal cruelty and future violent behavior, including domestic abuse,
child abuse, and other forms of interpersonal violence. Research shows
that individuals who engage in acts of cruelty toward animals are
significantly more likely to commit additional violent offenses. By
requiring courts to obtain forensic psychological evaluations in serious
animal cruelty cases, this bill ensures that sentencing and dispositions
are informed by expert insight into the underlying causes of the behav-
ior and the risk of future harm.
The bill directs licensed mental health professionals trained in foren-
sic assessment to evaluate defendants and respondents for psychological
or behavioral factors contributing to their offenses. These evaluations
will include a risk assessment and provide recommendations for coun-
seling, humane education, or other appropriate rehabilitative programs.
This approach gives judges the information they need to craft disposi-
tions that address root causes and reduce the likelihood of future
violence toward both animals and people.
By applying these requirements in both criminal and family court
proceedings, the legislation ensures that youth and adults are treated
with consistency and that rehabilitative options are available across
the justice system. It also provides for the state to cover the cost of
evaluations or treatment when a defendant or respondent is deemed indi-
gent, ensuring equitable access to services.
 
LEGISLATIVE HISTORY:
New Bill.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.