NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2484
SPONSOR: Barrett (MS) TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to estab-
lishing a public 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 pursu-
ant to this section in a registry. Such registry shall be in print and
in electronic form and shall be available to all law enforcement enti-
ties, district attorneys, duly incorporated humane societies, societies
for the prevention of cruelty to animals, dog or cat protective associ-
ations, 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 pursu-
ant to this section shall not own a companion animal or have employment
at an animal shelter, pound, pet store, zoo or other business establish-
ment 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.
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:
2014: A.8443; this bill has consistently passed the Senate and not the
Assembly.
2013: A.4516; referred to agriculture
2012: A.1506-a; print number 1506a
2012: A.1506; amend and recommit to agriculture
2012: A.1506; held for consideration in agriculture
2012: A.1506; referred to agriculture
2011: A.1506; referred to agriculture
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall become
law.
STATE OF NEW YORK
________________________________________________________________________
2484
2015-2016 Regular Sessions
IN ASSEMBLY
January 16, 2015
___________
Introduced by M. of A. BARRETT, TEDISCO, OTIS, ZEBROWSKI, COLTON, DiPIE-
TRO, MONTESANO, CERETTO, RAIA, McDONOUGH, CORWIN, FINCH, BROOK-KRASNY,
STECK, SKOUFIS -- Multi-Sponsored by -- M. of A. BARCLAY, CAMARA,
DUPREY, GARBARINO, KATZ, KEARNS, MARKEY, McKEVITT, McLAUGHLIN, MOSLEY,
RIVERA, SALADINO, SCHIMEL, SKARTADOS, THIELE, TITONE -- read once and
referred to the Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to estab-
lishing a public 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:
1 Section 1. The agriculture and markets law is amended by adding a new
2 section 352 to read as follows:
3 § 352. Public animal cruelty register. 1. Any person who is convicted
4 of a violation of section three hundred fifty-one or three hundred
5 fifty-three-a of this article shall register with the division of crimi-
6 nal justice services. Such registration shall be made in a manner and
7 form to be determined by the division of criminal justice services, and
8 shall include, at a minimum, the name and address of such registrant.
9 The division of criminal justice services shall maintain registration
10 information received pursuant to this section in a registry. Such regis-
11 try shall be in print and in electronic form and shall be available to
12 the public as well as all law enforcement entities, district attorneys,
13 duly incorporated humane societies, societies for the prevention of
14 cruelty to animals, dog or cat protective associations, animal control
15 officers, breeders of animals, animal rescues and pet stores doing busi-
16 ness in this state. Any person required to register pursuant to this
17 section shall register annually, or each time such person moves to a new
18 address and shall continue to register until such person receives a
19 court order ordering such registration to cease. No such order shall be
20 issued until such person first demonstrates to the court that he or she
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00006-01-5
A. 2484 2
1 has undergone psychiatric or psychological testing, the results of which
2 indicate by clear and convincing evidence his or her capable and sound
3 mental capacity and ability to own and properly care for an animal in a
4 humane manner. Any person required to register pursuant to this section
5 shall not own a companion animal or have employment at an animal shel-
6 ter, pound, pet store, zoo or other business establishment where compan-
7 ion animals are present. Any person who is convicted of a violation of
8 section three hundred fifty-one or three hundred fifty-three-a of this
9 article shall, in addition to any other penalty or term of imprisonment
10 authorized by law, be subject to a mandatory annual surcharge of fifty
11 dollars which shall be used to pay for costs and expenses associated
12 with establishing and maintaining the registry required by this section.
13 2. The provisions of this section shall apply to all municipalities,
14 including cities having a population of one million or more, and shall
15 supersede any local law, rule, regulation, code or ordinance regulating
16 the establishment, implementation and enforcement of an animal cruelty
17 or abuser registry.
18 § 2. This act shall take effect on the thirtieth day after it shall
19 have become a law.
