Creates the animal abuser central registry, and requires that certain convicted animal abusers register with such registry; provides such registrants are prohibited from possessing, adopting, owning, purchasing or exercising control over any animal except in certain cases in the court's discretion; provides fines and imprisonment for non-compliance.

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S6875-2011 Actions

• Apr 18, 2012: PRINT NUMBER 6875A
• Apr 18, 2012: AMEND AND RECOMMIT TO AGRICULTURE
• Apr 2, 2012: REFERRED TO AGRICULTURE

S6875-2011 Memo

BILL NUMBER:S6875

TITLE OF BILL:
An act
to amend the agriculture and markets law, in relation to creating
the animal abuser central registry, and to
require that certain convicted animal abusers register with such
registry

PURPOSE OR GENERAL IDEA OF BILL:
This legislation creates an animal abuse central registry.

SUMMARY OF SPECIFIC PROVISIONS OF BILL:
Section 1 creates a
central registry of individuals (over the age of 18) convicted of
animal abuse and requires animal abusers to register. Section 1
specifically enumerates what violations of sections of law would
require an individual to register. This section further outlines what
information must be provided to the registry.
Further this section prohibits an individual who registers under this
act from owning an animal. This section further requires animal
shelters and pet dealers to check with the registry.

Section 2 is the effective date.

JUSTIFICATION:
Animal abusers are heinous individuals who hurt and
kill animals that are incapable of defending themselves. An
individual who is convicted of animal abuse should lose their right
to have an animal.
Violators of this law should be punished severely. Creating an animal
abuse registry will help ensure that animal abusers are not able to
own more possible victims of their future violence.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
Minimal.

EFFECTIVE DATE:
This act shall take effect immediately.

S6875-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    6875

                              I N  SENATE

                                April 2, 2012
                                 ___________

  Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
    printed to be committed to the Committee on Agriculture

  AN ACT to amend the agriculture and markets law, in relation to creating
    the animal abuser  central  registry,  and  to  require  that  certain
    convicted animal abusers register with such registry

    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
  section 380 to read as follows:

    S 380. ANIMAL ABUSER REGISTRY. 1. THE COMMISSIONER SHALL ESTABLISH AND
  MAINTAIN A CENTRAL REGISTRY OF INDIVIDUALS CONVICTED OF ANIMAL ABUSE AND
  REQUIRED TO REGISTER PURSUANT TO THE PROVISIONS OF THIS SECTION.
    2. ANY PERSON OVER EIGHTEEN YEARS OF AGE WHO HAS BEEN CONVICTED OF ONE
  OR  MORE OF THE FOLLOWING OFFENSES SHALL REGISTER WITH THE ANIMAL ABUSER
  REGISTRY:

    (A) A FELONY VIOLATION OF ANY PROVISION OF THIS ARTICLE;
    (B)  A  VIOLATION  OF  THE  PROVISIONS  OF   SECTION   THREE   HUNDRED
  FIFTY-THREE,  THREE  HUNDRED  FIFTY-THREE-B,  THREE  HUNDRED FIFTY-FOUR,
  THREE HUNDRED FIFTY-FIVE, THREE HUNDRED FIFTY-SIX, THREE HUNDRED  FIFTY-
  SEVEN,  THREE  HUNDRED  FIFTY-EIGHT,  THREE HUNDRED FIFTY-EIGHT-A, THREE
  HUNDRED FIFTY-NINE, THREE HUNDRED FIFTY-NINE-A, THREE HUNDRED SIXTY-TWO,
  THREE  HUNDRED  SIXTY-FOUR,  THREE  HUNDRED  SIXTY-FIVE,  THREE  HUNDRED
  SIXTY-SIX,  THREE  HUNDRED SIXTY-SIX-A, THREE HUNDRED SIXTY-EIGHT, THREE
  HUNDRED SIXTY-NINE OR THREE HUNDRED SEVENTY OF THIS ARTICLE;
    (C) A VIOLATION OF THE PROVISIONS OF SECTION 195.06, 195.11 OR  195.12
  OF THE PENAL LAW;
    (D)  A  VIOLATION OF ANY PROVISION OF ARTICLE TWO HUNDRED FORTY-TWO OF
  THE PENAL LAW;
    (E) A VIOLATION OF THE PROVISIONS OF SECTION 130.20 OF THE PENAL  LAW;
  OR
    (F) A VIOLATION OF COMPARABLE STATUTES OF ANOTHER STATE.
    3.  UPON  CONVICTION  OF  ANY OFFENSE SET FORTH IN PARAGRAPH (A), (B),
  (C), (D) OR (E) OF SUBDIVISION TWO OF  THIS  SECTION,  THE  COURT  SHALL
  CERTIFY  THAT THE CONVICTED PERSON IS AN ANIMAL ABUSER AND SHALL INCLUDE

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD15226-02-2

 S. 6875                             2

  THE CERTIFICATION IN THE JUDGMENT OF CONVICTION AND THE ORDER OF COMMIT-
  MENT, IF ANY. THE  COURT  SHALL  PROVIDE  A  COPY  OF  THE  JUDGMENT  OF
  CONVICTION  TO THE CENTRAL REGISTRY WITHIN FIVE DAYS OF THE ENTRY OF THE
  JUDGMENT OF CONVICTION. THE COURT SHALL ALSO ADVISE THE ANIMAL ABUSER OF
  HIS  OR  HER  DUTIES UNDER THIS ARTICLE.  FAILURE TO INCLUDE THE CERTIF-
  ICATION IN THE JUDGMENT OF CONVICTION OR THE ORDER OF  COMMITMENT  SHALL
  NOT RELIEVE AN ANIMAL ABUSER OF THE OBLIGATIONS IMPOSED BY THIS SECTION.
    4.  A  PERSON CONVICTED OF A VIOLATION OF ANOTHER STATE'S ANIMAL ABUSE
  STATUTE AS PROVIDED IN PARAGRAPH (F) OF SUBDIVISION TWO OF THIS  SECTION
  WHO  SUBSEQUENTLY  BECOMES A RESIDENT OF THIS STATE SHALL, WITHIN THIRTY
  DAYS OF ENTERING THE STATE, REGISTER WITH THE CENTRAL REGISTRY.
    5. (A) EACH REGISTRANT SHALL PROVIDE THE FOLLOWING INFORMATION TO  THE
  REGISTRY AT THE TIME OF REGISTRATION:

    (1) THE REGISTRANT'S NAME, ALL ALIASES USED, DATE OF BIRTH, SEX, RACE,
  HEIGHT,  WEIGHT,  EYE  COLOR,  DRIVER'S  LICENSE NUMBER AND CURRENT HOME
  ADDRESS AND/OR EXPECTED PLACE OF DOMICILE;
    (2) A DESCRIPTION  OF  ANY  TATTOOS,  SCARS  OR  OTHER  DISTINGUISHING
  FEATURES  ON  THE  ANIMAL ABUSER'S BODY THAT WOULD ASSIST IN IDENTIFYING
  THE ANIMAL ABUSER;
    (3) A  DESCRIPTION  OF  THE  OFFENSE  FOR  WHICH  THE  REGISTRANT  WAS
  CONVICTED, THE DATE OF CONVICTION AND THE SENTENCE IMPOSED; AND
    (4) ANY OTHER INFORMATION DEEMED PERTINENT BY THE CENTRAL REGISTRY.
    (B)  THE  CENTRAL  REGISTRY  SHALL UTILIZE A STANDARDIZED REGISTRATION
  FORM IN A FORMAT DEVELOPED BY THE COMMISSIONER. SUCH FORM SHALL BE WRIT-
  TEN IN CLEAR AND CONCISE LANGUAGE AND SHALL ADVISE THE REGISTRANT OF HIS
  OR HER DUTIES AND OBLIGATIONS UNDER THIS ARTICLE. A COPY OF  THE  REGIS-
  TRATION  FORM  SHALL BE PROVIDED TO THE REGISTRANT AT THE TIME OF REGIS-
  TRATION.
    6. (A) FOLLOWING A REGISTRANT'S INITIAL REGISTRATION PURSUANT  TO  THE
  PROVISIONS  OF  THIS SECTION, THE REGISTRANT SHALL ANNUALLY RENEW HIS OR
  HER  REGISTRATION  WITH  THE  CENTRAL   REGISTRY   PRIOR   TO   DECEMBER
  THIRTY-FIRST  OF  EACH  SUBSEQUENT  CALENDAR  YEAR  FOR A PERIOD OF FIVE
  YEARS.
    (B) IF A PERSON HAS BEEN SUBSEQUENTLY  CONVICTED  OF  AN  OFFENSE  SET
  FORTH  IN PARAGRAPH (A), (B), (C), (D) OR (E) OF SUBDIVISION TWO OF THIS
  SECTION, THE REGISTRANT SHALL ANNUALLY RENEW  HIS  OR  HER  REGISTRATION
  WITH  THE CENTRAL REGISTRY PRIOR TO DECEMBER THIRTY-FIRST OF EACH SUBSE-
  QUENT CALENDAR YEAR FOR A PERIOD OF TEN YEARS.
    7. THE CENTRAL REGISTRY SHALL CHARGE AN ANNUAL FEE  OF  FIFTY  DOLLARS
  AND  A FEE OF TEN DOLLARS EACH TIME A REGISTRANT REGISTERS ANY CHANGE OF
  ADDRESS. THE FEES SHALL BE PAID TO THE CENTRAL REGISTRY  BY  THE  REGIS-
  TRANT.
    8.  (A)  A  PERSON  REQUIRED  TO  REGISTER PURSUANT TO THIS SECTION IS
  PROHIBITED FROM, POSSESSING, ADOPTING, OWNING, PURCHASING OR  EXERCISING
  CONTROL OVER ANY ANIMAL FOR THE PERIOD SUCH PERSON IS REQUIRED TO REGIS-
  TER.
    (B)  ALL  ANIMAL  SHELTERS  AND  PET DEALERS SHALL EXAMINE THE CENTRAL
  REGISTRY TO CONFIRM THAT ANY POTENTIAL OWNERS ARE  NOT  REGISTRANTS.  NO
  ANIMAL  SHALL  BE  SOLD, EXCHANGED OR OTHERWISE TRANSFERRED TO AN ANIMAL
  ABUSER LISTED ON THE REGISTRY.
    9. (A) 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,
  OR WHO VIOLATES THE PROVISIONS OF PARAGRAPH (A) OF SUBDIVISION EIGHT  OF
  THIS SECTION, IS GUILTY OF A FELONY:


 S. 6875                             3

    (1)  PUNISHABLE BY IMPRISONMENT FOR A PERIOD NOT TO EXCEED FOUR YEARS,
  OR BY A FINE NOT TO EXCEED FIVE THOUSAND DOLLARS, OR BY BOTH  SUCH  FINE
  AND IMPRISONMENT FOR A FIRST OFFENSE; AND
    (2)  PUNISHABLE BY IMPRISONMENT FOR A PERIOD NOT TO EXCEED FOUR YEARS,
  OR BY A FINE NOT TO EXCEED TEN THOUSAND DOLLARS, OR BY  BOTH  SUCH  FINE
  AND IMPRISONMENT FOR SUBSEQUENT OFFENSES.
    (B)  ANY  ANIMAL  SHELTER  OR PET DEALER WHO VIOLATES PARAGRAPH (B) OF
  SUBDIVISION EIGHT OF THIS SECTION SHALL BE GUILTY  OF  A  VIOLATION  AND
  SUBJECT  TO  A  FINE  NOT TO EXCEED ONE THOUSAND DOLLARS. IT SHALL BE AN
  AFFIRMATIVE DEFENSE THAT THE ANIMAL SHELTER OR PET DEALER  EXAMINED  THE
  CENTRAL  ANIMAL  ABUSER REGISTRY AND THE NAME OF THE PERSON TO WHOM THEY
  SOLD OR TRANSFERRED AN ANIMAL DID NOT APPEAR THEREON.
    10. REGISTRATION INFORMATION CONTAINED  IN  THE  CENTRAL  REGISTRY  OF
  ANIMAL  ABUSERS  SHALL  BE MADE AVAILABLE TO THE PUBLIC THROUGH INTERNET
  ACCESS, TELEPHONE ACCESS, WRITTEN ACCESS AND IN PERSON  ACCESS.  ALL  OF
  THE  INFORMATION  CONTAINED  IN AN ANIMAL ABUSER'S REGISTRATION SHALL BE
  MADE AVAILABLE. RECORDS OF EACH ANIMAL ABUSER'S  REGISTRATION  SHALL  BE
  MAINTAINED  FOR THE DURATION OF THE PERIOD IN WHICH THE ANIMAL ABUSER IS
  REQUIRED TO BE REGISTERED PURSUANT TO SUBDIVISION SIX OF THIS SECTION.
    11. NO OFFICIAL, AGENCY, AUTHORIZED PERSON OR ENTITY,  WHETHER  PUBLIC
  OR  PRIVATE,  SHALL  BE  SUBJECT  TO ANY CIVIL OR CRIMINAL LIABILITY FOR
  DAMAGES FOR ANY DECISION OR ACTION MADE IN THE ORDINARY COURSE OF  BUSI-
  NESS  OF  THAT  OFFICIAL,  AGENCY, AUTHORIZED PERSON OR ENTITY, PROVIDED
  THAT SUCH OFFICIAL, AGENCY, AUTHORIZED PERSON OR ENTITY ACTED REASONABLY
  AND IN GOOD FAITH WITH RESPECT TO SUCH REGISTRY INFORMATION.
    12. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS AS MAY  BE
  NECESSARY TO EFFECTUATE THE PROVISIONS AND INTENT OF THIS SECTION AND TO
  ENFORCE  REGISTRATION,  ALL  OF WHICH SHALL HAVE THE FORCE AND EFFECT OF
  LAW.
    13. FOR PURPOSES OF THIS SECTION:

    (A) "ANIMAL SHELTER" MEANS  PUBLIC  OR  PRIVATELY  OWNED  ORGANIZATION
  INCLUDING,  BUT  NOT  LIMITED  TO, ANY DULY INCORPORATED HUMANE SOCIETY,
  POUND, ANIMAL PROTECTIVE ASSOCIATION OR ANIMAL RESCUE GROUP WHICH  MAIN-
  TAINS BUILDINGS, STRUCTURES OR OTHER PROPERTY FOR THE PURPOSE OF HARBOR-
  ING  ANIMALS WHICH MAY BE STRAY, UNWANTED, LOST, ABANDONED OR ABUSED AND
  SEEKS TO FIND APPROPRIATE TEMPORARY OR PERMANENT HOMES FOR SUCH ANIMALS.
    (B) "PET DEALER" MEANS  ANY  INDIVIDUAL,  PERSON,  PARTNERSHIP,  FIRM,
  CORPORATION  OR OTHER ENTITY WHICH OFFERS ANIMALS FOR SALE OR IS ENGAGED
  IN THE SALE, EXCHANGE OR OTHER TRANSFER OF OWNERSHIP OF ANIMALS.
    S 2. This act shall take effect immediately.