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Memo

BILL NUMBER:S5084

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.

Text

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