Prohibits a person convicted of "Buster's Law" from owning or possessing a companion animal unless authorized by court order, after appropriate psychiatric or psychological testing.
TITLE OF BILL: An act to amend the agriculture and markets law, in relation to limiting the ownership or possession of companion animals by persons convicted of violating "Buster's Law"
PURPOSE: To toughen penalties to prevent and punish the crime of animal cruelty.
SUMMARY OF PROVISIONS: Amends section 353-a of the Ag & Markets Law to provide that no person convicted of a violation of "Buster's Lawn shall own or possess a companion animal, unless or until authorized by a Judge of the county court in the county of such person's residence. Further provides that no county court order shall issue unless the convicted person demonstrates that he/she has evaluation and that the results of such evaluation indicate clearly and convincingly that such person is of sound mind and possess the capacity and ability to properly care for such animal.
JUSTIFICATION: Persons convicted of animal cruelty are often repeat offenders unless they receive proper psychiatric or Psychological evaluation and treatment. Studies have shown that animal abusers often advance to commit crimes against humans. This act is intended to prevent additional instances of animal abuse, cruelty and neglect.
LEGISLATIVE HISTORY: 2010: A.10283; Referred to Agriculture 2008: A.4828; Referred to Agriculture 2007: A.4828; Referred to Agriculture 2006: A.2694; Held for consideration in Agriculture 2005: A.2694; Referred to Agriculture 2004: A.2303; Held-for consideration in Agriculture 2003: A.2303; Referred to Agriculture 2002: A.4861; Held for consideration in Agriculture 2001: A.2303; Referred to Agriculture 2000: A.10285; Referred to Agriculture
FISCAL IMPLICATIONS: No new fiscal impact
EFFECTIVE DATE: This act shall take effect on the thirtieth day after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 5084 2011-2012 Regular Sessions IN SENATE May 3, 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 limiting the ownership or possession of companion animals by 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. Section 353-a of the agriculture and markets law is amended by adding a new subdivision 4 to read as follows: 4. ON AND AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, NO PERSON WHO IS CONVICTED OF A VIOLATION OF THIS SECTION SHALL OWN OR POSSESS A COMPANION ANIMAL UNLESS AND UNTIL AUTHORIZED BY A COURT ORDER ISSUED BY A COUNTY COURT JUDGE OF HIS OR HER COUNTY OF RESIDENCE. NO SUCH ORDER SHALL BE ISSUED UNTIL SUCH CONVICTED 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 OF HIS OR HER CAPABLE AND SOUND MENTAL CAPACITY AND ABILITY TO OWN AND PROPERLY CARE FOR SUCH AN ANIMAL IN A HUMANE MANNER. S 2. This act shall take effect on the thirtieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01476-01-1