STATE OF NEW YORK ________________________________________________________________________ 299 2023-2024 Regular Sessions IN SENATE (Prefiled) January 4, 2023 ___________ Introduced by Sens. TEDISCO, HINCHEY, O'MARA, WEIK -- 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 increas- ing certain penalties for violating the prohibition of animal fighting and for aggravated cruelty to animals The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The opening paragraph of subdivision 2 of section 351 of 2 the agriculture and markets law, as amended by chapter 190 of the laws 3 of 2004, is amended to read as follows: 4 Any person who engages in any of the following conduct is guilty of a 5 felony punishable by imprisonment for a period not to exceed [four] six 6 years, or by a fine not to exceed [twenty-five] thirty thousand dollars, 7 or by both such fine and imprisonment: 8 § 2. Paragraph (a) of subdivision 3 of section 351 of the agriculture 9 and markets law, as added by chapter 150 of the laws of 1984, is amended 10 to read as follows: 11 (a) Any person who engages in conduct specified in paragraph (b) of 12 this subdivision is guilty of a [misdemeanor] felony and is punishable 13 by imprisonment for a period not to exceed [one year] four years, or by 14 a fine not to exceed [fifteen] twenty thousand dollars, or by both such 15 fine and imprisonment. 16 § 3. Paragraph (a) of subdivision 4 of section 351 of the agriculture 17 and markets law, as added by chapter 150 of the laws of 1984, is amended 18 to read as follows: 19 (a) Any person who engages in conduct specified in paragraph (b) 20 [hereof] of this subdivision is guilty of a [misdemeanor] felony and is 21 punishable by imprisonment for a period not to exceed [one year] two EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00830-01-3
S. 299 2 1 years, or by a fine not to exceed [one] ten thousand dollars, or by both 2 such fine and imprisonment. 3 § 4. Subdivision 3 of section 353-a of the agriculture and markets 4 law, as added by chapter 118 of the laws of 1999, is amended to read as 5 follows: 6 3. Aggravated cruelty to animals is a felony. A defendant convicted of 7 this offense shall be sentenced [pursuant to paragraph (b) of subdivi- 8 sion one of section 55.10 of the penal law provided, however, that any 9 term of imprisonment imposed for violation of this section shall be a 10 definite sentence, which may not exceed two years] to a period of impri- 11 sonment not to exceed four years, by a fine not to exceed ten thousand 12 dollars or by both such fine and imprisonment. In addition to any other 13 penalty provided by law, the court shall order any defendant convicted 14 of this offense, including a defendant who has been adjudicated a youth- 15 ful offender, to undergo a psychiatric evaluation by a qualified mental 16 health professional and may require that such person, at his or her own 17 expense, enter and complete any treatment or program deemed necessary to 18 treat any mental disease, mental defect or mental condition, which may 19 have caused or contributed to such offense. 20 § 5. This act shall take effect immediately.