NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A158
SPONSOR: Santabarbara TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to sentenc-
ing for the crime of aggravated cruelty to animals
PURPOSE OR GENERAL IDEA OF BILL:
To allow for a judge to exercise their discretion to order consecutive
or concurrent sentences when an individual is convicted of multiple
counts of aggravated cruelty to animals.
SUMMARY OF PROVISIONS:
Section 1. Names this law "Tucker's Law"
Section 2.Removes the section which calls for aggravated cruelty to be a
definite sentence, limited to two years. Section 3. Effective Date.
JUSTIFICATION:
In Nassau County, a recent case occurred where an individual was charged
with committing three crimes against three separate animals. Although
each charge is supposed to carry a two-year sentence, unlike any other
felony crime, the maximum is two years total, regardless of how many
crimes committed.Current law does not allow for any flexibility when an
individual is charged with multiple counts of aggravated cruelty commit-
ted against multiple animals. The way the current law is structured
there is nothing to deter future acts of violence to animals. A person
who commits one crime will have the same sentence as a person committing
50 counts of aggravated cruelty to animals. By removing the language
that requires aggravated cruelty to be treated as a definite sentence,
this will allow animals to receive the justice they deserve and the
perpetrators of cruelty to animals to be held accountable.
PRIOR LEGISLATIVE HISTORY:
2019-20: A8157A - referred to agriculture / S5807A - passed senate ;
2021-22: A01531 - referred to agriculture
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
180 days.
STATE OF NEW YORK
________________________________________________________________________
158
2023-2024 Regular Sessions
IN ASSEMBLY(Prefiled)
January 4, 2023
___________
Introduced by M. of A. SANTABARBARA -- read once and referred to the
Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to sentenc-
ing for the crime of 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. This act shall be known and may be cited as "Tucker's law".
2 § 2. Subdivision 3 of section 353-a of the agriculture and markets
3 law, as added by chapter 118 of the laws of 1999, is amended to read as
4 follows:
5 3. Aggravated cruelty to animals is a felony. A defendant convicted of
6 this offense shall be sentenced pursuant to paragraph (b) of subdivision
7 one of section 55.10 of the penal law [provided, however, that any term
8 of imprisonment imposed for violation of this section shall be a defi-
9 nite sentence, which may not exceed two years].
10 § 3. This act shall take effect on the one hundred eightieth day after
11 it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01932-01-3
