New York Assembly Bill A08038

New York 2025-2026 Regular Session

• Introduced: 4/22/25
• Refer: 4/22/25
• Refer: 1/7/26

Caption

Imposes a fee for certain convictions to benefit animal shelters; establishes the animal offenses assistance fund.

Summary

This bill amends New York’s penal law to add a new $5 “animal offenses assistance fee” to the existing mandatory surcharges imposed at sentencing for felony, misdemeanor, and violation convictions. The fee would be collected in addition to other criminal court fees already required under state law. The bill also creates a new special revenue fund in the state finance law called the Animal Offenses Assistance Fund. Money in the fund would be used to help animal shelters cover the costs of caring for animals seized, surrendered, or otherwise taken in as a result of animal abuse or related offenses under the penal law or agriculture and markets law. The commissioner of agriculture and markets would administer the grant process and award funds to qualifying shelters based on demonstrated need for food, shelter, veterinary care, and related expenses. The bill defines “animal shelter” broadly to include public and nonprofit shelters, humane societies, SPCAs, municipal impound facilities, and other nonprofit animal protection organizations, while excluding foster homes, boarding kennels, pet dealers, animal hospitals, and certain wildlife facilities.

Impact

The bill would change sentencing-related fee provisions in Penal Law section 60.35 by adding a new surcharge category for most convictions, and it would create a dedicated funding stream in State Finance Law section 98-e. In practice, this would direct criminal court fee revenue into a restricted fund rather than the general treasury, with the proceeds earmarked for animal shelter operations tied to abuse and neglect cases. The measure would affect defendants convicted of felonies, misdemeanors, and violations, as well as animal shelters and the Department of Agriculture and Markets, which would administer the grants.

Sentiment

The bill’s purpose appears broadly supportive of animal welfare and shelter funding, with the framing focused on helping shelters manage the costs of abused and seized animals. Because there are no committee transcripts or recorded votes provided, there is no documented debate or formal vote history to indicate opposition or support beyond the bill’s text and caption. The available context suggests the proposal is intended as a targeted public-interest funding measure rather than a controversial policy change.

Contention

The main potential point of contention is the decision to finance animal shelter support through an added criminal conviction fee, which means the cost is borne by people convicted of offenses regardless of whether their cases involve animals. Another possible issue is the breadth of the shelter definition and the scope of eligible expenditures, which could raise questions about administration, eligibility, and whether the fund will be sufficient to meet shelter needs. No specific opposing viewpoints, sponsors’ arguments, or stakeholder objections are included in the provided materials.