NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5820
SPONSOR: Slater TITLE OF BILL:
An act to amend the criminal procedure law, in relation to authorizing
bail for principals charged with aggravated cruelty to animals
PURPOSE OR GENERAL IDEA OF BILL:
Authorizes bail for principals charged with aggravated cruelty to
animals
SUMMARY OF PROVISIONS:
Adds aggravated cruelty to animals as defined in section three hundred
fifty-three-a of the agriculture and markets law to the list of bail
eligible crimes where necessary.
JUSTIFICATION:
Aggravated cruelty to animals, commonly known as animal cruelty is a
heinous crime against an innocent creature that is unlikely or unable to
defend itself. As such those who commit this crime are especially evil
and liable to commit this crime or another serious crime again before
their trial since there are no safeguards to prevent someone charged
with this crime from purchasing or finding another animal to abuse the
day they are released pending their trial.
According to the FBI, 75% of abused women with pets reported a history
of their pet being threatened or intentionally harmed by their abuser,
with children being present and witnessing that violence over 90% of the
time. Additionally, animal cruelty is a strong predictor of current and
future violence, including assault, rape, murder, arson, domestic
violence,.and. sexual abuse of children. In some cases, such as sexual
abuse it is a better predictor than homicide. Under the new cashless
bail laws of New York State aggravated cruelty to animals is not bail
eligible. This legislation intends to restore judicial discretion in
cases of suspected animal cruelty.
PRIOR LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Nominal
EFFECTIVE DATE:
Immediately
STATE OF NEW YORK
________________________________________________________________________
5820
2023-2024 Regular Sessions
IN ASSEMBLY
March 23, 2023
___________
Introduced by M. of A. SLATER -- read once and referred to the Committee
on Codes
AN ACT to amend the criminal procedure law, in relation to authorizing
bail for principals charged with 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. Paragraph (u) of subdivision 4 of section 510.10 of the
2 criminal procedure law, as added by section 2 of subpart B of part UU of
3 chapter 56 of the laws of 2022, is amended and a new paragraph (v) is
4 added to read as follows:
5 (u) criminal possession of a weapon in the third degree as defined in
6 subdivision three of section 265.02 of the penal law or criminal sale of
7 a firearm to a minor as defined in section 265.16 of the penal law[.];
8 or
9 (v) aggravated cruelty to animals as defined in section three hundred
10 fifty-three-a of the agriculture and markets law.
11 § 2. Subparagraph (xxi) of paragraph (b) of subdivision 1 of section
12 530.20 of the criminal procedure law, as added by section 4 of subpart C
13 of part UU of chapter 56 of the laws of 2022, is amended and a new
14 subparagraph (xxii) is added to read as follows:
15 (xxi) criminal possession of a weapon in the third degree as defined
16 in subdivision three of section 265.02 of the penal law or criminal sale
17 of a firearm to a minor as defined in section 265.16 of the penal
18 law[.]; or
19 (xxii) aggravated cruelty to animals as defined in section three
20 hundred fifty-three-a of the agriculture and markets law.
21 § 3. Paragraph (u) of subdivision 4 of section 530.40 of the criminal
22 procedure law, as added by section 4 of subpart B of part UU of chapter
23 56 of the laws of 2022, is amended and a new paragraph (v) is added to
24 read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10250-01-3
A. 5820 2
1 (u) criminal possession of a weapon in the third degree as defined in
2 subdivision three of section 265.02 of the penal law or criminal sale of
3 a firearm to a minor as defined in section 265.16 of the penal law[.];
4 or
5 (v) aggravated cruelty to animals as defined in section three hundred
6 fifty-three-a of the agriculture and markets law.
7 § 4. This act shall take effect immediately.
