This bill has been amended

Bill S3804-2011

Requires each violator of "Buster's Law" to register his or her name and address with the department of agriculture and markets

Requires each violator of "Buster's Law" to register his or her name and address with the division of criminal justice services.

Details

Actions

  • Jan 4, 2012: REFERRED TO AGRICULTURE
  • Mar 4, 2011: REFERRED TO AGRICULTURE

Memo

BILL NUMBER:S3804

TITLE OF BILL: An act to amend the agriculture and markets law, in relation to establishing a registry for persons convicted of violating "Buster's Law"

PURPOSE: To require each violator of Buster's Law to register his or her name and address with the Department of Agriculture and Markets.

SUMMARY OF PROVISIONS: Section 1. The Agriculture and Markets law is amended by adding a new section 352 to read as follows: Animal cruelty register. Any person who is convicted of a violation of section three hundred fifty-one or three hundred fifty-three-a of this article shall register with the department. Such registration shall be made in a manner' and form to be determined by the department, and shall include, at a minimum, the name and address of such registrant. The department shall maintain registration information received pursuant to this section in a registry. Such registry shall be in print and in electronic form and shall be available to all law enforcement entities, district attorneys, duly incorporated humane societies, societies for the prevention of cruelty to animals, dog or cat protective associations, animal control officers, breeders of animals and pet stores doing business in this state. Any person required to register pursuant to this section shall register annually, or each time such person moves to a new address and shall continue to register until such person receives a court order ordering such registration to cease. No such order shall be issued until such person first demonstrates to the court that he or she has undergone psychiatric or psychological testing, the results of which indicate by clear and convincing evidence his or her capable and sound mental capacity and ability to own and properly care for an animal in a humane manner. Any person required to register pursuant to this section shall not own a companion animal or have employment at an animal shelter, pound, pet store, zoo or other business establishment where companion animals are present. Any person who is convicted of a violation of section three hundred fifty-one or three hundred fifty-three-a of this article shall, in addition to any other penalty or term of imprisonment authorized by law, be subject to a mandatory surcharge of fifty dollars which shall be used to pay for the costs and expenses associated with establishing and maintaining the registry required by this section.

JUSTIFICATION: Unfortunately, animal abuse is a prevalent problem in our society. As there are laws to protect children and the elderly from abuse, it is important to extend this means of protection to

animals as well. Much like Megan's Law was designed to prevent sex offenders from repeating crimes against children, this legislation will serve to prevent animal abusers from committing repeat offenses. The animal abusers registry will contain the names and addresses of persons convicted of violating Buster's Law in New York State. By maintaining the registry with current information and providing easy accessibility to the public, those involved in the sale or adoption of animals can refer to the registry before allowing an individual to take ownership of an animal. Abuse of animals has also proven to be a gateway to acts of domestic violence. This bill would not only provide increased protection to animals, but would also establish an organized registry of persons who may be more inclined to inflict violent behavior on a human.

LEGISLATIVE HISTORY: New legislation.

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE: This act shall take effect on the thirtieth day after it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 3804 2011-2012 Regular Sessions IN SENATE March 4, 2011 ___________
Introduced by Sen. BALL -- 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 estab- lishing a registry for persons convicted of violating "Buster's Law" 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 352 to read as follows: S 352. ANIMAL CRUELTY REGISTER. ANY PERSON WHO IS CONVICTED OF A VIOLATION OF SECTION THREE HUNDRED FIFTY-ONE OR THREE HUNDRED FIFTY-THREE-A OF THIS ARTICLE SHALL REGISTER WITH THE DEPARTMENT. SUCH REGISTRATION SHALL BE MADE IN A MANNER AND FORM TO BE DETERMINED BY THE DEPARTMENT, AND SHALL INCLUDE, AT A MINIMUM, THE NAME AND ADDRESS OF SUCH REGISTRANT. THE DEPARTMENT SHALL MAINTAIN REGISTRATION INFORMATION RECEIVED PURSUANT TO THIS SECTION IN A REGISTRY. SUCH REGISTRY SHALL BE IN PRINT AND IN ELECTRONIC FORM AND SHALL BE AVAILABLE TO ALL LAW ENFORCEMENT ENTITIES, DISTRICT ATTORNEYS, DULY INCORPORATED HUMANE SOCI- ETIES, SOCIETIES FOR THE PREVENTION OF CRUELTY TO ANIMALS, DOG OR CAT PROTECTIVE ASSOCIATIONS, ANIMAL CONTROL OFFICERS, BREEDERS OF ANIMALS AND PET STORES DOING BUSINESS IN THIS STATE. ANY PERSON REQUIRED TO REGISTER PURSUANT TO THIS SECTION SHALL REGISTER ANNUALLY, OR EACH TIME SUCH PERSON MOVES TO A NEW ADDRESS AND SHALL CONTINUE TO REGISTER UNTIL SUCH PERSON RECEIVES A COURT ORDER ORDERING SUCH REGISTRATION TO CEASE. NO SUCH ORDER SHALL BE ISSUED UNTIL SUCH PERSON FIRST DEMONSTRATES TO THE COURT THAT HE OR SHE HAS UNDERGONE PSYCHIATRIC OR PSYCHOLOGICAL TESTING, THE RESULTS OF WHICH INDICATE BY CLEAR AND CONVINCING EVIDENCE HIS OR HER CAPABLE AND SOUND MENTAL CAPACITY AND ABILITY TO OWN AND PROPERLY CARE FOR AN ANIMAL IN A HUMANE MANNER. ANY PERSON REQUIRED TO REGISTER PURSUANT TO THIS SECTION SHALL NOT OWN A COMPANION ANIMAL OR HAVE EMPLOYMENT AT AN ANIMAL SHELTER, POUND, PET STORE, ZOO OR OTHER BUSINESS ESTABLISHMENT WHERE COMPANION ANIMALS ARE PRESENT. ANY PERSON
WHO IS CONVICTED OF A VIOLATION OF SECTION THREE HUNDRED FIFTY-ONE OR THREE HUNDRED FIFTY-THREE-A OF THIS ARTICLE SHALL, IN ADDITION TO ANY OTHER PENALTY OR TERM OF IMPRISONMENT AUTHORIZED BY LAW, BE SUBJECT TO A MANDATORY SURCHARGE OF FIFTY DOLLARS WHICH SHALL BE USED TO PAY FOR COSTS AND EXPENSES ASSOCIATED WITH ESTABLISHING AND MAINTAINING THE REGISTRY REQUIRED BY THIS SECTION. S 2. This act shall take effect on the thirtieth day after it shall have become a law.

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