A5373-2011 Actions

• May 8, 2012: held for consideration in agriculture
• Jan 4, 2012: referred to agriculture
• Feb 16, 2011: referred to agriculture

A5373-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         5373
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 February 16, 2011
 
 Introduced  by  M.  of  A.  McDONOUGH  --  read once and referred to the
 Committee on Agriculture
 

AN ACT to amend the agriculture and markets law, in relation  to  estab
 lishing the animal abuser registration act
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. The agriculture and markets law is amended by adding a  new
 article 26-C to read as follows:

 ARTICLE 26-C
 ANIMAL ABUSER REGISTRATION ACT
 SECTION 420. SHORT TITLE.
 421. DEFINITION.
 422. REGISTRATION.
 423. SEPARABILITY.
 

S  420.  SHORT  TITLE. THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE
 "ANIMAL ABUSER REGISTRATION ACT".
 

S 421. DEFINITION. FOR PURPOSES OF THIS SECTION "ANIMAL ABUSER"  MEANS
 A  PERSON  OVER  EIGHTEEN  YEARS  OF  AGE  WHO  HAS  BEEN CONVICTED OF A
 VIOLATION OF SECTION THREE HUNDRED FIFTY-THREE-A OF THIS CHAPTER  OR  OF
 THE COMPARABLE ANIMAL CRUELTY STATUTES OF ANOTHER STATE.
 

S 422. REGISTRATION. 1. ANY ANIMAL ABUSER PHYSICALLY WITHIN THE BOUND
 ARIES  OF  THIS  STATE FOR MORE THAN TEN CONSECUTIVE DAYS SHALL REGISTER
 WITH THE COUNTY SHERIFF FOR THE COUNTY IN WHICH  THE  ANIMAL  ABUSER  IS
 LOCATED BEFORE THE END OF THE ELEVENTH DAY IN THE STATE.
 2.  ANY  PREVIOUSLY REGISTERED ANIMAL ABUSER SHALL REREGISTER WITH THE
 COUNTY SHERIFF FOR THE COUNTY IN WHICH THE ANIMAL ABUSER IS  LOCATED  NO
 LATER THAN TEN DAYS AFTER MOVING TO A NEW LOCATION WITHIN THE STATE.
 3. WHEN AN ANIMAL ABUSER REGISTERS WITH THE COUNTY SHERIFF, THE ANIMAL
 ABUSER SHALL PROVIDE THE FOLLOWING REGISTRATION INFORMATION:

 (A)  THE  LEGAL  NAME  AND  ANY OTHER NAMES OR ALIASES THAT THE ANIMAL
 ABUSER IS USING OR HAS USED;
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09520-01-1
 
       A. 5373                             2
 (B) THE DATE OF BIRTH OF THE ANIMAL ABUSER;
 (C) THE SOCIAL SECURITY NUMBER OF THE ANIMAL ABUSER;
 (D) THE CURRENT ADDRESS OR LOCATION OF THE ANIMAL ABUSER;
 (E) THE PLACE OF EMPLOYMENT OF THE ANIMAL ABUSER;
 (F) THE OFFENSE FOR WHICH THE ANIMAL ABUSE WAS CONVICTED; AND
 (G)  THE DATE AND PLACE OF THE ANIMAL PROTECTION OFFENSE CONVICTION OF
 THE ANIMAL ABUSER.
 4. WHEN AN ANIMAL ABUSER REGISTERS WITH A COUNTY SHERIFF, THE  SHERIFF
 SHALL OBTAIN:

 (A) A PHOTOGRAPH OF THE ANIMAL ABUSER AND A COMPLETE SET OF THE ANIMAL
 ABUSER'S FINGERPRINTS; AND
 (B)  A  DESCRIPTION  OF  ANY  TATTOOS,  SCARS  OR OTHER DISTINGUISHING
 FEATURES ON THE ANIMAL ABUSER'S BODY THAT WOULD  ASSIST  IN  IDENTIFYING
 THE ANIMAL ABUSER.
 5.  FOLLOWING  AN ANIMAL ABUSER'S INITIAL REGISTRATION PURSUANT TO THE
 PROVISIONS OF THIS SECTION, AN ANIMAL ABUSER SHALL  ANNUALLY  RENEW  THE
 ANIMAL  ABUSER'S  REGISTRATION WITH THE COUNTY SHERIFF PRIOR TO DECEMBER
 THIRTY-FIRST OF EACH SUBSEQUENT CALENDAR YEAR FOR A  PERIOD  OF  FIFTEEN
 YEARS.
 6.  AN  ANIMAL  ABUSER  WHO INTENTIONALLY OR KNOWINGLY FAILS TO COMPLY
 WITH THE REGISTRATION REQUIREMENTS, OR PROVIDES FALSE  INFORMATION  WHEN
 COMPLYING  WITH THE REGISTRATION REQUIREMENTS SET FORTH IN THIS SECTION,
 IS GUILTY OF A CLASS E FELONY. EACH  COUNTY  SHERIFF  SHALL  MAINTAIN  A
 LOCAL  REGISTRY OF ANIMAL ABUSERS IN THE SHERIFF'S JURISDICTION REQUIRED
 TO REGISTER PURSUANT TO THIS SECTION.
 7. THE COUNTY  SHERIFF  SHALL  FORWARD  ALL  REGISTRATION  INFORMATION
 OBTAINED  FROM  ANIMAL  ABUSERS  TO  THE  DIVISION  OF  CRIMINAL JUSTICE
 SERVICES.
 8. WITHIN TEN DAYS OF RECEIVING INITIAL REGISTRATION INFORMATION  FROM
 AN  ANIMAL  ABUSER,  THE  COUNTY  SHERIFF SHALL CONTACT EVERY RESIDENCE,
 SCHOOL, HUMANE SOCIETY, ANIMAL SHELTER AND ANY OTHER BUSINESS  WITHIN  A
 HALF  MILE  RADIUS  OF  THE  ANIMAL  ABUSER'S  RESIDENCE OR LOCATION AND
 PROVIDE THEM WITH THE ANIMAL ABUSER'S REGISTRATION INFORMATION, WITH THE
 EXCEPTION OF THE ANIMAL ABUSER'S SOCIAL SECURITY NUMBER.
 9. THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL MAINTAIN A  CENTRAL
 REGISTRY  OF  ANIMAL  ABUSERS  REQUIRED  TO  REGISTER  PURSUANT  TO  THE
 PROVISIONS OF THIS SECTION. THE CENTRAL REGISTRY OF ANIMAL ABUSERS SHALL
 BE MADE AVAILABLE TO THE PUBLIC VIA INTERNET AND IN  WRITTEN  FORM  UPON
 WRITTEN OR VERBAL REQUEST. ALL OF THE INFORMATION CONTAINED IN AN ANIMAL
 ABUSER'S  REGISTRATION, WITH THE EXCEPTION OF THE ANIMAL ABUSER'S SOCIAL
 SECURITY NUMBER,  SHALL  BE  MADE  AVAILABLE.  RECORDS  OF  EACH  ANIMAL
 ABUSER'S  REGISTRATION  SHALL  BE  MAINTAINED  FOR  THE  DURATION OF THE
 FIFTEEN YEAR PERIOD IN WHICH THE ANIMAL ABUSER IS REQUIRED TO BE  REGIS
 TERED.
 

S  423.  SEPARABILITY. IF ANY SECTION OF THIS ARTICLE, OR PART THEREOF
 SHALL BE ADJUDGED BY A COURT OF COMPETENT JURISDICTION  TO  BE  INVALID,
 SUCH  JUDGMENT  SHALL  NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER OR
 ANY OTHER SECTION OR PART THEREOF.
 

S 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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