Bill Text: NY S01411 | 2025-2026 | General Assembly | Introduced

---

Bill Title: Requires unsealing of court records of youthful offenders convicted of animal abuse offense; provides that such persons undergo a psychiatric evaluation and treatment where necessary.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced) 2025-01-09 - REFERRED TO AGRICULTURE [S01411 Detail]

Download: New_York-2025-S01411-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          1411

                               2025-2026 Regular Sessions

                    IN SENATE

                                     January 9, 2025
                                       ___________

        Introduced  by  Sens.  TEDISCO,  O'MARA,  WEIK -- read twice and ordered
          printed, and when printed to be committed to the Committee on Agricul-
          ture

        AN ACT to amend the agriculture and markets law, in relation to imposing
          additional penalties for animal abuse

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Section 353 of the agriculture and markets law, as amended
     2  by chapter 458 of the laws of 1985 and the opening paragraph as  amended
     3  by chapter 523 of the laws of 2005, is amended to read as follows:
     4    § 353. Overdriving, torturing and injuring animals; failure to provide
     5  proper sustenance. 1. A person who overdrives[,] or overloads[, tortures
     6  or  cruelly  beats  or unjustifiably injures, maims, mutilates or kills]
     7  any animal, whether wild or tame, and  whether  belonging  to  [himself]
     8  such  person  or  to another, or deprives any animal of necessary suste-
     9  nance, food or drink, or neglects or refuses to furnish it  such  suste-
    10  nance  or  drink,  or causes, procures or permits any animal to be over-
    11  driven, overloaded, [tortured, cruelly beaten, or unjustifiably injured,
    12  maimed, mutilated or killed,] or to be deprived  of  necessary  food  or
    13  drink,  or  who wilfully sets on foot, instigates, engages in, or in any
    14  way furthers any such act of cruelty to any  animal,  or  any  such  act
    15  tending  to produce such cruelty, is guilty of a class A misdemeanor and
    16  for purposes of paragraph (b) of subdivision one of  section  160.10  of
    17  the criminal procedure law, shall be treated as a misdemeanor defined in
    18  the penal law.
    19    2. The court, for a person who tortures or cruelly beats or unjustifi-
    20  ably  injures,  maims,  mutilates  or  kills any animal, whether wild or
    21  tame, and whether belonging to such person or another,  or  who  causes,
    22  procures  or  permits  any  animal  to  be  tortured, cruelly beaten, or
    23  unjustifiably injured, maimed, mutilated or killed shall, in addition to
    24  any other penalty otherwise imposed by  law  for  a  violation  of  this

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02630-01-5
        S. 1411                             2

     1  section  order an immediate and thorough psychiatric analysis and evalu-
     2  ation by a competent professional, and where necessary require a  person
     3  who  violates  any  of  such  provisions  to enter into and successfully
     4  complete  any  treatment or program deemed helpful in modifying behavior
     5  patterns or treating any mental illness which may cause or contribute to
     6  such illegal activities.
     7    3. Notwithstanding any inconsistent provision of the family court act,
     8  or any other provision of law where a person deemed a youthful  offender
     9  violates  any provision of this section, any record or matter considered
    10  in connection with the adjudication entered with  respect  to  the  same
    11  shall  not  be  sealed or otherwise protected from disclosure and may be
    12  used for any lawful purpose  in  any  subsequent  prosecution,  whenever
    13  commenced.
    14    4.  Nothing  [herein]  contained in this section shall be construed to
    15  prohibit or interfere with  any  properly  conducted  scientific  tests,
    16  experiments  or  investigations,  involving  the  use of living animals,
    17  performed or  conducted  in  laboratories  or  institutions,  which  are
    18  approved  for  these purposes by the [state] commissioner of health. The
    19  [state] commissioner of health shall prescribe  the  rules  under  which
    20  such  approvals  shall be granted, including therein standards regarding
    21  the care and  treatment  of  any  such  animals.  Such  rules  shall  be
    22  published and copies thereof conspicuously posted in each such laborato-
    23  ry  or  institution.  The  [state]  commissioner  of health or [his] the
    24  commissioner's duly authorized representative shall have  the  power  to
    25  inspect such laboratories or institutions to insure compliance with such
    26  rules  and  standards. Each such approval may be revoked at any time for
    27  failure to comply with such rules and in any case the approval shall  be
    28  limited to a period not exceeding one year.
    29    Nothing  contained  in  this section shall be construed to prohibit or
    30  interfere in any way with anyone lawfully engaged in hunting,  trapping,
    31  or  fishing,  as  defined by the environmental conservation law; or with
    32  the routine management of a farming operation;  or  the  eradication  of
    33  vermin;  or  the dispatch of rabid or diseased animals or animals posing
    34  an imminent threat to human safety.
    35    § 2. This act shall take effect on the first of November next succeed-
    36  ing the date on which it shall have become a law.