Relates to the creation of an animal cruelty and animal fighting database; researches purposes; makes such database 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 and animal control officers.
TITLE OF BILL: An act to amend the executive law, in relation to the creation of an animal cruelty and animal fighting database
PURPOSE OF BILL:
The purpose of this bill is to require the establishment and maintenance of a database for the collection and analysis of information relating to crimes against animals. The information contained in this database would be available to various law enforcement and humanitarian agencies.
SUMMARY OF PROVISIONS:
Section one explains how studies have demonstrated that violent offenders often have histories of repeated animal cruelty.
Section two amends the executive law by adding section 837-s which stipulates that the division shall establish and maintain a crime database on all crimes of animal cruelty and fighting in New York State. Data must be collected and displayed in such a manner that facilitates analysis. The database shall include, but not be limited to, names of people convicted under article 26 of the agriculture and markets law as well as the specific acts of animal cruelty that were the basis of conviction. Also, the database shall include information on persons who have pled guilty to other charges in satisfaction of the animal cruelty/fighting charge. The database shall be both in print and electronic form, and be available to all law enforcement officers, district attorneys, humane societies for the prevention of animal cruelty, dog or cat protective associations, and animal control officers.
Section 3 sets out the effective date.
Since the 1970s, the FBI has linked the repeated instances of animal killing and torture with its analyses of the lives of serial killers. Studies in psychology, sociology, and criminology have further demonstrated that violent offenders often have childhood and adolescent histories of repeated and serious animal abuse. Other research has shown consistent patterns of animal cruelty among the perpetrators of other forms of violence such as child abuse, spousal abuse, and elder abuse. Because the American Psychiatric Association considers animal cruelty one of the diagnostic criteria of conduct disorder, creating a database to analyze the incidences of animal cruelty will provide a valuable resource for law enforcement officials who seek to establish a link between animal cruelty and related crimes.
PRIOR LEGISLATIVE HISTORY:
S.8433 of 2009-2010 Referred to Rules S.3971 of 2011-2012 Referred to Finance
June 1, 2015 provided that, effective immediately, the division of criminal justice services shall promulgate rules and regulations as it deems necessary to effectuate the purposes of this act, on or before such effective date.
STATE OF NEW YORK ________________________________________________________________________ 6401 IN SENATE January 21, 2014 ___________Introduced by Sen. O'BRIEN -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the executive law, in relation to the creation of an animal cruelty and animal fighting database THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative findings. Studies in psychology, sociology and criminology have demonstrated that violent offenders frequently have childhood and adolescent histories of serious and repeated animal cruel- ty. The Federal Bureau of Investigation has recognized this connection since the 1970s when its analysis of the lives of serial killers suggested that most had killed or tortured animals during their life. Other research has shown consistent patterns of animal cruelty among perpetrators of more common forms of violence, including child abuse, spouse abuse, and elder abuse, leading the American Psychiatric Associ- ation to consider animal cruelty as one of the diagnostic criteria of conduct disorder. S 2. The executive law is amended by adding a new section 837-s to read as follows: S 837-S. ANIMAL CRUELTY DATABASE. THE DIVISION SHALL ESTABLISH AND MAINTAIN A CRIME DATABASE ON ALL CRIMES OF ANIMAL CRUELTY AND ANIMAL FIGHTING COMMITTED IN THE STATE WHERE DATA OF SUCH CRIMES SHALL BE COLLECTED AND DISPLAYED IN A MANNER THAT FACILITATES ANALYSIS. SUCH CRIME DATABASE SHALL INCLUDE, BUT NOT BE LIMITED TO, NAMES OF PERSONS CONVICTED OF ANIMAL CRUELTY AND ANIMAL FIGHTING AS SET FORTH IN ARTICLE TWENTY-SIX OF THE AGRICULTURE AND MARKETS LAW AND THE SPECIFIC ACTS OF ANIMAL CRUELTY OR ANIMAL FIGHTING THAT WERE THE BASIS OF THE CONVICTION. FOR THE PURPOSES OF THIS SECTION, SUCH DATABASE SHALL ALSO INCLUDE INFORMATION ON PERSONS WHO HAVE PLED GUILTY TO A CHARGE OTHER THAN ANIMAL CRUELTY OR ANIMAL FIGHTING IN SATISFACTION OF THE ANIMAL CRUELTY OR ANIMAL FIGHTING CHARGE OR WHERE ANIMAL CRUELTY OR THE ANIMAL FIGHTING CHARGE HAS NOT RESULTED IN A DISMISSAL ON THE MERITS. THE CRIME DATA-BASE SHALL BE IN PRINT AND IN ELECTRONIC FORM AND SHALL BE AVAIL- ABLE TO ALL LAW ENFORCEMENT ENTITIES, DISTRICT ATTORNEYS, DULY INCORPO-EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02346-01-3 S. 6401 2
RATED HUMANE SOCIETIES, SOCIETIES FOR THE PREVENTION OF CRUELTY TO ANIMALS, DOG OR CAT PROTECTIVE ASSOCIATIONS AND ANIMAL CONTROL OFFICERS. S 3. This act shall take effect June 1, 2015, provided, however, that effective immediately, the division of criminal justice services shall promulgate rules and regulations as it deems necessary to effectuate the purposes of this act, on or before such effective date.