S 1205: Increases certain penalties for violating the prohibition of animal fighting and for aggravated cruelty to animals; requires a psychiatric evaluation for defendants convicted of aggravated cruelty to animals.

  
  STATE OF NEW YORK ________________________________________________________________________ 1205 2025-2026 Regular Sessions  IN SENATE January 8, 2025 ___________ 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 22 years, or by a fine not to exceed [one] ten thousand dollars, or by both 23 such fine and imprisonment. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02541-01-5 
 S. 1205 2 1 § 4. Subdivision 3 of section 353-a of the agriculture and markets 2 law, as added by chapter 118 of the laws of 1999, is amended to read as 3 follows: 4 3. Aggravated cruelty to animals is a felony. A defendant convicted of 5 this offense shall be sentenced [pursuant to paragraph (b) of subdivi- 6 sion one of section 55.10 of the penal law provided, however, that any 7 term of imprisonment imposed for violation of this section shall be a 8 definite sentence, which may not exceed two years] to a period of impri- 9 sonment not to exceed four years, by a fine not to exceed ten thousand 10 dollars or by both such fine and imprisonment. In addition to any other 11 penalty provided by law, the court shall order any defendant convicted 12 of this offense, including a defendant who has been adjudicated a youth- 13 ful offender, to undergo a psychiatric evaluation by a qualified mental 14 health professional and may require that such person, at such person's 15 own expense, enter and complete any treatment or program deemed neces- 16 sary to treat any mental disease, mental defect or mental condition, 17 which may have caused or contributed to such offense. 18 § 5. This act shall take effect immediately.