Requires each violator of "Buster's Law" to register his or her name and address with the division of criminal justice services.
Ayes (57): Adams, Addabbo, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Storobin, Valesky, Young, Zeldin
Nays (2): Montgomery, Ranzenhofer
Excused (3): Alesi, Espaillat, Huntley
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 division of criminal justice services.
SUMMARY OF PROVISIONS: Section one - amend the agriculture and markets law by adding a new section 352 to read as follows: Animal cruelty register. Any person who is convicted of a violation of section 351 or three 353a of this article shall register with the department of criminal justice services. Such registration shall be made in a manner and form to be determined by the division of criminal justice services, and shall include, at minimum, the name and address of such registrant. The division of criminal justice services 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 or 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 351 or 353a 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.
Section one - also states the provisions of this section shall apply to all municipalities, including cities having a population of one million or more, and shall supersede any local law, rule, regulation, code or ordinance regulating the establishment, implementation and enforcement of an animal cruelty or abuser registry.
Section two - states that this act shall take effect on the thirtieth day after it shall become law.
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 Bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the thirtieth day after it shall become law.
STATE OF NEW YORK ________________________________________________________________________ 3804--A 2011-2012 Regular Sessions IN SENATE March 4, 2011 ___________Introduced by Sens. BALL, ADDABBO, GOLDEN, OPPENHEIMER -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture -- recommitted to the Committee on Agriculture in accord- ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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. 1. 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 DIVISION OF CRIMI- NAL JUSTICE SERVICES. SUCH REGISTRATION SHALL BE MADE IN A MANNER AND FORM TO BE DETERMINED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES, AND SHALL INCLUDE, AT A MINIMUM, THE NAME AND ADDRESS OF SUCH REGISTRANT. THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL MAINTAIN REGISTRATION INFORMATION RECEIVED PURSUANT TO THIS SECTION IN A REGISTRY. SUCH REGIS- TRY 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 REGIS- TRATION 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 ANDEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02229-04-2 S. 3804--A 2
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 ANNUAL 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. 2. THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL MUNICIPALITIES, INCLUDING CITIES HAVING A POPULATION OF ONE MILLION OR MORE, AND SHALL SUPERSEDE ANY LOCAL LAW, RULE, REGULATION, CODE OR ORDINANCE REGULATING THE ESTABLISHMENT, IMPLEMENTATION AND ENFORCEMENT OF AN ANIMAL CRUELTY OR ABUSER REGISTRY. S 2. This act shall take effect on the thirtieth day after it shall have become a law.