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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A433
SPONSOR: Rosenthal L 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::
This bill increases the penalties for engaging in animal fighting and
aggravated cruelty and requires psychiatric evaluation/treatment for
those that commit aggravated cruelty.
SUMMARY OF SPECIFIC PROVISIONS::
Section 1 amends Section 353-a of Agriculture and Markets Law by adding
a new subdivision 4 to read as follows:
On the effective date of 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 that he or she is of and has
the sound mental capacity and ability to own and properly care for such
an animal in a humane manner.
Section two sets forth the effective date.
JUSTIFICATION::
Animal cruelty is viewed by experts as an indicator for future violence
against humans. Since his 1997 arrest that led to "Buster's Law," Ches-
ter Williamson has been imprisoned numerous times for crimes including
possession of stolen property and attempted burglary. In fall 2007 his
criminal path took a predictable turn with his arrest for attempted
rape, sexual abuse and unlawful imprisonment of a 12-year old girl.
Requiring early intervention in the form of psychiatric evaluation and
treatment would be another way to try to modify behavior to halt this
pattern of escalating abuse while ensuring that those who commit these
horrific acts are not permitted to go on to harm another companion
animal.
LEGISLATIVE HISTORY::
2021-22: A.524 - Referred to Agriculture; S.1257 - Referred to Agricul-
ture
2019-20: A.987 - Referred to Agriculture
2017-18: A.6938 - Referred to Agriculture; S.2501 - Passed Senate
FISCAL IMPLICATIONS::
None to the State.
EFFECTIVE DATE:
This act shall take effect on the thirteenth day after it shall have
become law.
STATE OF NEW YORK
________________________________________________________________________
433
2023-2024 Regular Sessions
IN ASSEMBLY
January 9, 2023
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred 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:
1 Section 1. Section 353-a of the agriculture and markets law is amended
2 by adding a new subdivision 4 to read as follows:
3 4. On and after the effective date of this subdivision, no person who
4 is convicted of a violation of this section shall own or possess a
5 companion animal unless and until authorized by a court order issued by
6 a county court judge of his or her county of residence. No such order
7 shall be issued until such convicted person first demonstrates to the
8 court that he or she has undergone psychiatric or psychological testing,
9 the results of which indicate by clear and convincing evidence of his or
10 her capable and sound mental capacity and ability to own and properly
11 care for such an animal in a humane manner.
12 § 2. This act shall take effect on the thirtieth day after it shall
13 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00746-01-3
