NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6722
SPONSOR: Kay 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:
Section 1 amends paragraph (u) of subdivision 4 of section 510.10 of the
criminal procedure law, as added by section 2 of subpart B of part UU of
chapter 56 of the laws of 2022 and adds new paragraph (v)
Section 2 amends subparagraph (xxi) of paragraph (b) of subdivision 1 of
section 530.20 of the criminal procedure law, as added by section 4 of
subpart c of part UU of chapter 56 of the laws of 2022 and adds new
subparagraph (xxii).
Section 3 amends paragraph (u) of subdivision 4 of section 530.40 of the
criminal procedure law, as added by section 4 of subpart B of part UU of
chapter 56 of the laws of 2022 and adds new paragraph (v).
Section 4 establishes the effective date.
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.
Currently, aggravated cruelty to animals is not bail eligible. This
legislation intends to restore judicial discretion in cases of suspected
animal cruelty.
PRIOR LEGISLATIVE HISTORY:
2023-24: A.5820
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Nominal
EFFECTIVE DATE:
Immediately
