S T A T E O F N E W Y O R K
________________________________________________________________________
6875
I N S E N A T E
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:
1 Section 1. The agriculture and markets law is amended by adding a new
2 section 380 to read as follows:
3 S 380. ANIMAL ABUSER REGISTRY. 1. THE COMMISSIONER SHALL ESTABLISH AND
4 MAINTAIN A CENTRAL REGISTRY OF INDIVIDUALS CONVICTED OF ANIMAL ABUSE AND
5 REQUIRED TO REGISTER PURSUANT TO THE PROVISIONS OF THIS SECTION.
6 2. ANY PERSON OVER EIGHTEEN YEARS OF AGE WHO HAS BEEN CONVICTED OF ONE
7 OR MORE OF THE FOLLOWING OFFENSES SHALL REGISTER WITH THE ANIMAL ABUSER
8 REGISTRY:
9 (A) A FELONY VIOLATION OF ANY PROVISION OF THIS ARTICLE;
10 (B) A VIOLATION OF THE PROVISIONS OF SECTION THREE HUNDRED
11 FIFTY-THREE, THREE HUNDRED FIFTY-THREE-B, THREE HUNDRED FIFTY-FOUR,
12 THREE HUNDRED FIFTY-FIVE, THREE HUNDRED FIFTY-SIX, THREE HUNDRED FIFTY-
13 SEVEN, THREE HUNDRED FIFTY-EIGHT, THREE HUNDRED FIFTY-EIGHT-A, THREE
14 HUNDRED FIFTY-NINE, THREE HUNDRED FIFTY-NINE-A, THREE HUNDRED SIXTY-TWO,
15 THREE HUNDRED SIXTY-FOUR, THREE HUNDRED SIXTY-FIVE, THREE HUNDRED
16 SIXTY-SIX, THREE HUNDRED SIXTY-SIX-A, THREE HUNDRED SIXTY-EIGHT, THREE
17 HUNDRED SIXTY-NINE OR THREE HUNDRED SEVENTY OF THIS ARTICLE;
18 (C) A VIOLATION OF THE PROVISIONS OF SECTION 195.06, 195.11 OR 195.12
19 OF THE PENAL LAW;
20 (D) A VIOLATION OF ANY PROVISION OF ARTICLE TWO HUNDRED FORTY-TWO OF
21 THE PENAL LAW;
22 (E) A VIOLATION OF THE PROVISIONS OF SECTION 130.20 OF THE PENAL LAW;
23 OR
24 (F) A VIOLATION OF COMPARABLE STATUTES OF ANOTHER STATE.
25 3. UPON CONVICTION OF ANY OFFENSE SET FORTH IN PARAGRAPH (A), (B),
26 (C), (D) OR (E) OF SUBDIVISION TWO OF THIS SECTION, THE COURT SHALL
27 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
1 THE CERTIFICATION IN THE JUDGMENT OF CONVICTION AND THE ORDER OF COMMIT-
2 MENT, IF ANY. THE COURT SHALL PROVIDE A COPY OF THE JUDGMENT OF
3 CONVICTION TO THE CENTRAL REGISTRY WITHIN FIVE DAYS OF THE ENTRY OF THE
4 JUDGMENT OF CONVICTION. THE COURT SHALL ALSO ADVISE THE ANIMAL ABUSER OF
5 HIS OR HER DUTIES UNDER THIS ARTICLE. FAILURE TO INCLUDE THE CERTIF-
6 ICATION IN THE JUDGMENT OF CONVICTION OR THE ORDER OF COMMITMENT SHALL
7 NOT RELIEVE AN ANIMAL ABUSER OF THE OBLIGATIONS IMPOSED BY THIS SECTION.
8 4. A PERSON CONVICTED OF A VIOLATION OF ANOTHER STATE'S ANIMAL ABUSE
9 STATUTE AS PROVIDED IN PARAGRAPH (F) OF SUBDIVISION TWO OF THIS SECTION
10 WHO SUBSEQUENTLY BECOMES A RESIDENT OF THIS STATE SHALL, WITHIN THIRTY
11 DAYS OF ENTERING THE STATE, REGISTER WITH THE CENTRAL REGISTRY.
12 5. (A) EACH REGISTRANT SHALL PROVIDE THE FOLLOWING INFORMATION TO THE
13 REGISTRY AT THE TIME OF REGISTRATION:
14 (1) THE REGISTRANT'S NAME, ALL ALIASES USED, DATE OF BIRTH, SEX, RACE,
15 HEIGHT, WEIGHT, EYE COLOR, DRIVER'S LICENSE NUMBER AND CURRENT HOME
16 ADDRESS AND/OR EXPECTED PLACE OF DOMICILE;
17 (2) A DESCRIPTION OF ANY TATTOOS, SCARS OR OTHER DISTINGUISHING
18 FEATURES ON THE ANIMAL ABUSER'S BODY THAT WOULD ASSIST IN IDENTIFYING
19 THE ANIMAL ABUSER;
20 (3) A DESCRIPTION OF THE OFFENSE FOR WHICH THE REGISTRANT WAS
21 CONVICTED, THE DATE OF CONVICTION AND THE SENTENCE IMPOSED; AND
22 (4) ANY OTHER INFORMATION DEEMED PERTINENT BY THE CENTRAL REGISTRY.
23 (B) THE CENTRAL REGISTRY SHALL UTILIZE A STANDARDIZED REGISTRATION
24 FORM IN A FORMAT DEVELOPED BY THE COMMISSIONER. SUCH FORM SHALL BE WRIT-
25 TEN IN CLEAR AND CONCISE LANGUAGE AND SHALL ADVISE THE REGISTRANT OF HIS
26 OR HER DUTIES AND OBLIGATIONS UNDER THIS ARTICLE. A COPY OF THE REGIS-
27 TRATION FORM SHALL BE PROVIDED TO THE REGISTRANT AT THE TIME OF REGIS-
28 TRATION.
29 6. (A) FOLLOWING A REGISTRANT'S INITIAL REGISTRATION PURSUANT TO THE
30 PROVISIONS OF THIS SECTION, THE REGISTRANT SHALL ANNUALLY RENEW HIS OR
31 HER REGISTRATION WITH THE CENTRAL REGISTRY PRIOR TO DECEMBER
32 THIRTY-FIRST OF EACH SUBSEQUENT CALENDAR YEAR FOR A PERIOD OF FIVE
33 YEARS.
34 (B) IF A PERSON HAS BEEN SUBSEQUENTLY CONVICTED OF AN OFFENSE SET
35 FORTH IN PARAGRAPH (A), (B), (C), (D) OR (E) OF SUBDIVISION TWO OF THIS
36 SECTION, THE REGISTRANT SHALL ANNUALLY RENEW HIS OR HER REGISTRATION
37 WITH THE CENTRAL REGISTRY PRIOR TO DECEMBER THIRTY-FIRST OF EACH SUBSE-
38 QUENT CALENDAR YEAR FOR A PERIOD OF TEN YEARS.
39 7. THE CENTRAL REGISTRY SHALL CHARGE AN ANNUAL FEE OF FIFTY DOLLARS
40 AND A FEE OF TEN DOLLARS EACH TIME A REGISTRANT REGISTERS ANY CHANGE OF
41 ADDRESS. THE FEES SHALL BE PAID TO THE CENTRAL REGISTRY BY THE REGIS-
42 TRANT.
43 8. (A) A PERSON REQUIRED TO REGISTER PURSUANT TO THIS SECTION IS
44 PROHIBITED FROM, POSSESSING, ADOPTING, OWNING, PURCHASING OR EXERCISING
45 CONTROL OVER ANY ANIMAL FOR THE PERIOD SUCH PERSON IS REQUIRED TO REGIS-
46 TER.
47 (B) ALL ANIMAL SHELTERS AND PET DEALERS SHALL EXAMINE THE CENTRAL
48 REGISTRY TO CONFIRM THAT ANY POTENTIAL OWNERS ARE NOT REGISTRANTS. NO
49 ANIMAL SHALL BE SOLD, EXCHANGED OR OTHERWISE TRANSFERRED TO AN ANIMAL
50 ABUSER LISTED ON THE REGISTRY.
51 9. (A) AN ANIMAL ABUSER WHO INTENTIONALLY OR KNOWINGLY FAILS TO COMPLY
52 WITH THE REGISTRATION REQUIREMENTS, OR PROVIDES FALSE INFORMATION WHEN
53 COMPLYING WITH THE REGISTRATION REQUIREMENTS SET FORTH IN THIS SECTION,
54 OR WHO VIOLATES THE PROVISIONS OF PARAGRAPH (A) OF SUBDIVISION EIGHT OF
55 THIS SECTION, IS GUILTY OF A FELONY:
S. 6875 3
1 (1) PUNISHABLE BY IMPRISONMENT FOR A PERIOD NOT TO EXCEED FOUR YEARS,
2 OR BY A FINE NOT TO EXCEED FIVE THOUSAND DOLLARS, OR BY BOTH SUCH FINE
3 AND IMPRISONMENT FOR A FIRST OFFENSE; AND
4 (2) PUNISHABLE BY IMPRISONMENT FOR A PERIOD NOT TO EXCEED FOUR YEARS,
5 OR BY A FINE NOT TO EXCEED TEN THOUSAND DOLLARS, OR BY BOTH SUCH FINE
6 AND IMPRISONMENT FOR SUBSEQUENT OFFENSES.
7 (B) ANY ANIMAL SHELTER OR PET DEALER WHO VIOLATES PARAGRAPH (B) OF
8 SUBDIVISION EIGHT OF THIS SECTION SHALL BE GUILTY OF A VIOLATION AND
9 SUBJECT TO A FINE NOT TO EXCEED ONE THOUSAND DOLLARS. IT SHALL BE AN
10 AFFIRMATIVE DEFENSE THAT THE ANIMAL SHELTER OR PET DEALER EXAMINED THE
11 CENTRAL ANIMAL ABUSER REGISTRY AND THE NAME OF THE PERSON TO WHOM THEY
12 SOLD OR TRANSFERRED AN ANIMAL DID NOT APPEAR THEREON.
13 10. REGISTRATION INFORMATION CONTAINED IN THE CENTRAL REGISTRY OF
14 ANIMAL ABUSERS SHALL BE MADE AVAILABLE TO THE PUBLIC THROUGH INTERNET
15 ACCESS, TELEPHONE ACCESS, WRITTEN ACCESS AND IN PERSON ACCESS. ALL OF
16 THE INFORMATION CONTAINED IN AN ANIMAL ABUSER'S REGISTRATION SHALL BE
17 MADE AVAILABLE. RECORDS OF EACH ANIMAL ABUSER'S REGISTRATION SHALL BE
18 MAINTAINED FOR THE DURATION OF THE PERIOD IN WHICH THE ANIMAL ABUSER IS
19 REQUIRED TO BE REGISTERED PURSUANT TO SUBDIVISION SIX OF THIS SECTION.
20 11. NO OFFICIAL, AGENCY, AUTHORIZED PERSON OR ENTITY, WHETHER PUBLIC
21 OR PRIVATE, SHALL BE SUBJECT TO ANY CIVIL OR CRIMINAL LIABILITY FOR
22 DAMAGES FOR ANY DECISION OR ACTION MADE IN THE ORDINARY COURSE OF BUSI-
23 NESS OF THAT OFFICIAL, AGENCY, AUTHORIZED PERSON OR ENTITY, PROVIDED
24 THAT SUCH OFFICIAL, AGENCY, AUTHORIZED PERSON OR ENTITY ACTED REASONABLY
25 AND IN GOOD FAITH WITH RESPECT TO SUCH REGISTRY INFORMATION.
26 12. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS AS MAY BE
27 NECESSARY TO EFFECTUATE THE PROVISIONS AND INTENT OF THIS SECTION AND TO
28 ENFORCE REGISTRATION, ALL OF WHICH SHALL HAVE THE FORCE AND EFFECT OF
29 LAW.
30 13. FOR PURPOSES OF THIS SECTION:
31 (A) "ANIMAL SHELTER" MEANS PUBLIC OR PRIVATELY OWNED ORGANIZATION
32 INCLUDING, BUT NOT LIMITED TO, ANY DULY INCORPORATED HUMANE SOCIETY,
33 POUND, ANIMAL PROTECTIVE ASSOCIATION OR ANIMAL RESCUE GROUP WHICH MAIN-
34 TAINS BUILDINGS, STRUCTURES OR OTHER PROPERTY FOR THE PURPOSE OF HARBOR-
35 ING ANIMALS WHICH MAY BE STRAY, UNWANTED, LOST, ABANDONED OR ABUSED AND
36 SEEKS TO FIND APPROPRIATE TEMPORARY OR PERMANENT HOMES FOR SUCH ANIMALS.
37 (B) "PET DEALER" MEANS ANY INDIVIDUAL, PERSON, PARTNERSHIP, FIRM,
38 CORPORATION OR OTHER ENTITY WHICH OFFERS ANIMALS FOR SALE OR IS ENGAGED
39 IN THE SALE, EXCHANGE OR OTHER TRANSFER OF OWNERSHIP OF ANIMALS.
40 S 2. This act shall take effect immediately.