A299-2011 Actions

• Jan 4, 2012: referred to agriculture
• Jan 5, 2011: referred to agriculture

A299-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          299
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 (PREFILED)
 January 5, 2011
 
 Introduced  by M. of A. GLICK -- read once and referred to the Committee
 on Agriculture
 

AN ACT to amend the agriculture and markets law, in relation  to  estab
 lishing an animal abuser 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 353-e to read as follows:

 

S  353-E. ANIMAL ABUSER REGISTRY. 1. FOR PURPOSES OF THIS SECTION, THE
 TERM "ANIMAL ABUSER" MEANS A PERSON OVER EIGHTEEN YEARS OF AGE  WHO  HAS
 BEEN CONVICTED OF A FELONY VIOLATION OF ANY PROVISION OF THIS ARTICLE OR
 OF THE COMPARABLE STATUTES OF ANOTHER STATE.
 2.  ANY  ANIMAL  ABUSER PHYSICALLY WITHIN THE BOUNDARIES OF THIS STATE
 FOR MORE THAN TEN CONSECUTIVE DAYS SHALL REGISTER WITH THE COUNTY  SHER
 IFF  FOR THE COUNTY IN WHICH THE ANIMAL ABUSER IS LOCATED BEFORE THE END
 OF THE ELEVENTH DAY IN THE STATE.
 3. 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.
 4. 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;
 (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  ANIMAL  PROTECTION  OFFENSE  FOR WHICH THE ANIMAL ABUSER WAS
 CONVICTED; AND
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04101-01-1
 
       A. 299                              2
 (G) THE DATE AND PLACE OF THE ANIMAL PROTECTION OFFENSE CONVICTION  OF
 THE ANIMAL ABUSER.
 5.  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.
 6. 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.
 7. 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.
 8. EACH COUNTY SHERIFF SHALL MAINTAIN A LOCAL REGISTRY OF ANIMAL ABUS
 ERS  IN THE SHERIFF'S JURISDICTION REQUIRED TO REGISTER PURSUANT TO THIS
 SECTION.
 9. THE COUNTY  SHERIFF  SHALL  FORWARD  ALL  REGISTRATION  INFORMATION
 OBTAINED  FROM ANIMAL ABUSERS TO THE NEW YORK STATE DIVISION OF CRIMINAL
 JUSTICE SERVICES.
 10. 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.
 11.  THE  NEW  YORK  STATE 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  THROUGH  INTERNET
 ACCESS,  TELEPHONE  ACCESS,  WRITTEN ACCESS AND IN-PERSON ACCESS. 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  MAIN
 TAINED  FOR  THE DURATION OF THE FIFTEEN YEAR PERIOD IN WHICH THE ANIMAL
 ABUSER IS REQUIRED TO BE REGISTERED.
 

S 2. This act shall take effect immediately.

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