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S01594 Summary:

BILL NO    S01594C

SAME AS    SAME AS A07363

SPONSOR    GRISANTI

COSPNSR    LANZA

MLTSPNSR   

Add S380, Ag & Mkts L

Creates the animal abuser central registry, and requires that certain convicted
animal abusers register with such registry; provides such registrants are
prohibited from possessing, adopting, owning, purchasing or exercising control
over any animal except in certain cases in the court's discretion; provides
fines and imprisonment for non-compliance.
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S01594 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        1594--C

                              2013-2014 Regular Sessions

                                   I N  S E N A T E

                                      (PREFILED)

                                    January 9, 2013
                                      ___________

       Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
         printed to be committed to the Committee on Agriculture  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to  said  committee  --  committee  discharged,  bill amended, ordered
         reprinted as amended and recommitted to said  committee  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee

       AN ACT to amend the agriculture and markets law, in relation to creating
         the  animal  abuser  central  registry,  and  to  require that certain
         convicted animal abusers register with such registry

         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 380 to read as follows:
    3    S 380. ANIMAL ABUSER REGISTRY. 1. THE COMMISSIONER SHALL ESTABLISH AND
    4  MAINTAIN A CENTRAL REGISTRY OF INDIVIDUALS CONVICTED OF ANIMAL ABUSE AND
    5  REQUIRED TO REGISTER PURSUANT TO THE PROVISIONS OF THIS SECTION.
    6    2. ANY PERSON OVER EIGHTEEN YEARS OF AGE WHO HAS BEEN CONVICTED OF ONE
    7  OR MORE OF THE FOLLOWING OFFENSES SHALL REGISTER WITH THE COUNTY SHERIFF
    8  FOR THE COUNTY IN WHICH THE ANIMAL ABUSER RESIDES:
    9    (A) A FELONY VIOLATION OF ANY PROVISION OF THIS ARTICLE;
   10    (B)  A  VIOLATION  OF  THE  PROVISIONS  OF   SECTION   THREE   HUNDRED
   11  FIFTY-THREE,  THREE  HUNDRED  FIFTY-THREE-B,  THREE  HUNDRED FIFTY-FOUR,
   12  THREE HUNDRED FIFTY-FIVE, THREE HUNDRED FIFTY-SIX, THREE HUNDRED  FIFTY-
   13  SEVEN,  THREE  HUNDRED  FIFTY-EIGHT,  THREE HUNDRED FIFTY-EIGHT-A, THREE
   14  HUNDRED FIFTY-NINE, THREE HUNDRED FIFTY-NINE-A, THREE HUNDRED SIXTY-TWO,
   15  THREE  HUNDRED  SIXTY-FOUR,  THREE  HUNDRED  SIXTY-FIVE,  THREE  HUNDRED
   16  SIXTY-SIX,  THREE  HUNDRED SIXTY-SIX-A, THREE HUNDRED SIXTY-EIGHT, THREE
   17  HUNDRED SIXTY-NINE OR THREE HUNDRED SEVENTY OF THIS ARTICLE;
   18    (C) A VIOLATION OF THE PROVISIONS OF SECTION 195.06, 195.11 OR  195.12
   19  OF THE PENAL LAW;
   20    (D)  A  VIOLATION OF ANY PROVISION OF ARTICLE TWO HUNDRED FORTY-TWO OF
   21  THE PENAL LAW;

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04777-09-3
       S. 1594--C                          2

    1    (E) A VIOLATION OF SUBDIVISION THREE OF SECTION 130.20  OF  THE  PENAL
    2  LAW; OR
    3    (F) A VIOLATION OF COMPARABLE STATUTES OF ANOTHER STATE.
    4    3.  UPON  CONVICTION  OF  ANY OFFENSE SET FORTH IN PARAGRAPH (A), (B),
    5  (C), (D) OR (E) OF SUBDIVISION TWO OF  THIS  SECTION,  THE  COURT  SHALL
    6  CERTIFY  THAT THE CONVICTED PERSON IS AN ANIMAL ABUSER AND SHALL INCLUDE
    7  THE CERTIFICATION IN THE JUDGMENT OF CONVICTION AND THE ORDER OF COMMIT-
    8  MENT, IF ANY. THE  COURT  SHALL  PROVIDE  A  COPY  OF  THE  JUDGMENT  OF
    9  CONVICTION  TO  THE  COUNTY SHERIFF WITHIN FIVE DAYS OF THE ENTRY OF THE
   10  JUDGMENT OF CONVICTION. THE COURT SHALL ALSO ADVISE THE ANIMAL ABUSER OF
   11  HIS OR HER DUTIES UNDER THIS ARTICLE.   FAILURE TO INCLUDE  THE  CERTIF-
   12  ICATION  IN  THE JUDGMENT OF CONVICTION OR THE ORDER OF COMMITMENT SHALL
   13  NOT RELIEVE AN ANIMAL ABUSER OF THE OBLIGATIONS IMPOSED BY THIS SECTION.
   14    4. A PERSON CONVICTED OF A VIOLATION OF ANOTHER STATE'S  ANIMAL  ABUSE
   15  STATUTE  AS PROVIDED IN PARAGRAPH (F) OF SUBDIVISION TWO OF THIS SECTION
   16  WHO SUBSEQUENTLY BECOMES A RESIDENT OF THIS STATE SHALL,  WITHIN  THIRTY
   17  DAYS OF ENTERING THE STATE, REGISTER WITH THE CENTRAL REGISTRY.
   18    5.  (A) EACH REGISTRANT SHALL PROVIDE THE FOLLOWING INFORMATION TO THE
   19  COUNTY SHERIFF AT THE TIME OF REGISTRATION:
   20    (1) THE REGISTRANT'S NAME, ALL ALIASES USED, DATE OF BIRTH, SEX, RACE,
   21  HEIGHT, WEIGHT, EYE COLOR, DRIVER'S  LICENSE  NUMBER  AND  CURRENT  HOME
   22  ADDRESS AND/OR EXPECTED PLACE OF DOMICILE;
   23    (2)  A  DESCRIPTION  OF  ANY  TATTOOS,  SCARS  OR OTHER DISTINGUISHING
   24  FEATURES ON THE ANIMAL ABUSER'S BODY THAT WOULD  ASSIST  IN  IDENTIFYING
   25  THE ANIMAL ABUSER;
   26    (3)  A  DESCRIPTION  OF  THE  OFFENSE  FOR  WHICH  THE  REGISTRANT WAS
   27  CONVICTED, THE DATE OF CONVICTION AND THE SENTENCE IMPOSED; AND
   28    (4) ANY OTHER INFORMATION DEEMED PERTINENT BY THE CENTRAL REGISTRY.
   29    (B) THE CENTRAL REGISTRY SHALL  UTILIZE  A  STANDARDIZED  REGISTRATION
   30  FORM IN A FORMAT DEVELOPED BY THE COMMISSIONER. SUCH FORM SHALL BE WRIT-
   31  TEN IN CLEAR AND CONCISE LANGUAGE AND SHALL ADVISE THE REGISTRANT OF HIS
   32  OR  HER  DUTIES AND OBLIGATIONS UNDER THIS ARTICLE. A COPY OF THE REGIS-
   33  TRATION FORM SHALL BE PROVIDED TO THE REGISTRANT AT THE TIME  OF  REGIS-
   34  TRATION.
   35    6.  (A)  FOLLOWING A REGISTRANT'S INITIAL REGISTRATION PURSUANT TO THE
   36  PROVISIONS OF THIS SECTION, THE REGISTRANT SHALL ANNUALLY RENEW  HIS  OR
   37  HER  REGISTRATION WITH THE COUNTY SHERIFF PRIOR TO DECEMBER THIRTY-FIRST
   38  OF EACH SUBSEQUENT CALENDAR YEAR FOR A PERIOD OF FIVE YEARS.
   39    (B) IF A PERSON HAS BEEN SUBSEQUENTLY  CONVICTED  OF  AN  OFFENSE  SET
   40  FORTH  IN PARAGRAPH (A), (B), (C), (D) OR (E) OF SUBDIVISION TWO OF THIS
   41  SECTION, THE REGISTRANT SHALL ANNUALLY RENEW  HIS  OR  HER  REGISTRATION
   42  WITH  THE CENTRAL REGISTRY PRIOR TO DECEMBER THIRTY-FIRST OF EACH SUBSE-
   43  QUENT CALENDAR YEAR FOR A PERIOD OF TEN YEARS.
   44    7. THE CENTRAL REGISTRY SHALL CHARGE AN ANNUAL FEE  OF  FIFTY  DOLLARS
   45  AND  A FEE OF TEN DOLLARS EACH TIME A REGISTRANT REGISTERS ANY CHANGE OF
   46  ADDRESS. THE FEES SHALL BE PAID TO THE COUNTY SHERIFF BY THE REGISTRANT.
   47    8. (A) A PERSON REQUIRED TO  REGISTER  PURSUANT  TO  THIS  SECTION  IS
   48  PROHIBITED  FROM, POSSESSING, ADOPTING, OWNING, PURCHASING OR EXERCISING
   49  CONTROL OVER ANY COMPANION ANIMAL FOR THE PERIOD SUCH PERSON IS REQUIRED
   50  TO REGISTER; PROVIDED, HOWEVER, THAT THE COURT MAY ALLOW SUCH PERSON  TO
   51  POSSESS,  ADOPT, OWN, PURCHASE OR EXERCISE CONTROL OVER A LIMITED NUMBER
   52  OF COMPANION ANIMALS WHERE SUCH PERSON IS DETERMINED TO BE A HOARDER  OF
   53  COMPANION ANIMALS.
   54    (B)  ALL  ANIMAL  SHELTERS  AND  PET DEALERS SHALL EXAMINE THE CENTRAL
   55  REGISTRY TO CONFIRM THAT ANY POTENTIAL OWNERS ARE  NOT  REGISTRANTS.  NO
       S. 1594--C                          3

    1  COMPANION ANIMAL SHALL BE SOLD, EXCHANGED OR OTHERWISE TRANSFERRED TO AN
    2  ANIMAL ABUSER LISTED ON THE REGISTRY.
    3    9. (A) AN ANIMAL ABUSER WHO INTENTIONALLY OR KNOWINGLY FAILS TO COMPLY
    4  WITH  THE  REGISTRATION REQUIREMENTS, OR PROVIDES FALSE INFORMATION WHEN
    5  COMPLYING WITH THE REGISTRATION REQUIREMENTS SET FORTH IN THIS  SECTION,
    6  OR  WHO VIOLATES THE PROVISIONS OF PARAGRAPH (A) OF SUBDIVISION EIGHT OF
    7  THIS SECTION, IS GUILTY OF A FELONY:
    8    (1) PUNISHABLE BY IMPRISONMENT FOR A PERIOD NOT TO EXCEED FOUR  YEARS,
    9  OR  BY  A FINE NOT TO EXCEED FIVE THOUSAND DOLLARS, OR BY BOTH SUCH FINE
   10  AND IMPRISONMENT FOR A FIRST OFFENSE; AND
   11    (2) PUNISHABLE BY IMPRISONMENT FOR A PERIOD NOT TO EXCEED FOUR  YEARS,
   12  OR  BY  A  FINE NOT TO EXCEED TEN THOUSAND DOLLARS, OR BY BOTH SUCH FINE
   13  AND IMPRISONMENT FOR SUBSEQUENT OFFENSES.
   14    (B) ANY ANIMAL SHELTER OR PET DEALER WHO  VIOLATES  PARAGRAPH  (B)  OF
   15  SUBDIVISION  EIGHT  OF  THIS  SECTION SHALL BE GUILTY OF A VIOLATION AND
   16  SUBJECT TO A FINE NOT TO EXCEED ONE THOUSAND DOLLARS.  IT  SHALL  BE  AN
   17  AFFIRMATIVE  DEFENSE  THAT THE ANIMAL SHELTER OR PET DEALER EXAMINED THE
   18  CENTRAL ANIMAL ABUSER REGISTRY AND THE NAME OF THE PERSON TO  WHOM  THEY
   19  SOLD OR TRANSFERRED A COMPANION ANIMAL DID NOT APPEAR THEREON.
   20    10.  EACH  COUNTY  SHERIFF  SHALL  MAINTAIN A LOCAL REGISTRY OF ANIMAL
   21  ABUSERS IN THE SHERIFF'S JURISDICTION.
   22    11. A  COUNTY  SHERIFF  SHALL  FORWARD  ALL  REGISTRATION  INFORMATION
   23  OBTAINED FROM ANIMAL ABUSERS TO THE CENTRAL REGISTRY OF ANIMAL ABUSERS.
   24    12.  REGISTRATION  INFORMATION  CONTAINED  IN  THE CENTRAL REGISTRY OF
   25  ANIMAL ABUSERS SHALL BE MADE AVAILABLE TO THE  PUBLIC  THROUGH  INTERNET
   26  ACCESS,  TELEPHONE  ACCESS,  WRITTEN ACCESS AND IN PERSON ACCESS. ALL OF
   27  THE INFORMATION CONTAINED IN AN ANIMAL ABUSER'S  REGISTRATION  SHALL  BE
   28  MADE  AVAILABLE  WITH  THE  EXCEPTION  OF  THE  ANIMAL ABUSER'S DRIVER'S
   29  LICENSE NUMBER.  RECORDS OF EACH ANIMAL ABUSER'S REGISTRATION  SHALL  BE
   30  MAINTAINED  FOR THE DURATION OF THE PERIOD IN WHICH THE ANIMAL ABUSER IS
   31  REQUIRED TO BE REGISTERED PURSUANT TO SUBDIVISION SIX OF THIS SECTION.
   32    13. NO OFFICIAL, AGENCY, AUTHORIZED PERSON OR ENTITY,  WHETHER  PUBLIC
   33  OR  PRIVATE,  SHALL  BE  SUBJECT  TO ANY CIVIL OR CRIMINAL LIABILITY FOR
   34  DAMAGES FOR ANY DECISION OR ACTION MADE IN THE ORDINARY COURSE OF  BUSI-
   35  NESS  OF  THAT  OFFICIAL,  AGENCY, AUTHORIZED PERSON OR ENTITY, PROVIDED
   36  THAT SUCH OFFICIAL, AGENCY, AUTHORIZED PERSON OR ENTITY ACTED REASONABLY
   37  AND IN GOOD FAITH WITH RESPECT TO SUCH REGISTRY INFORMATION.
   38    14. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS AS MAY  BE
   39  NECESSARY TO EFFECTUATE THE PROVISIONS AND INTENT OF THIS SECTION AND TO
   40  ENFORCE  REGISTRATION,  ALL  OF WHICH SHALL HAVE THE FORCE AND EFFECT OF
   41  LAW.
   42    15. FOR PURPOSES OF THIS SECTION:
   43    (A) "ANIMAL SHELTER" MEANS  PUBLIC  OR  PRIVATELY  OWNED  ORGANIZATION
   44  INCLUDING,  BUT  NOT  LIMITED  TO, ANY DULY INCORPORATED HUMANE SOCIETY,
   45  POUND, ANIMAL PROTECTIVE ASSOCIATION OR ANIMAL RESCUE GROUP WHICH  MAIN-
   46  TAINS BUILDINGS, STRUCTURES OR OTHER PROPERTY FOR THE PURPOSE OF HARBOR-
   47  ING  ANIMALS WHICH MAY BE STRAY, UNWANTED, LOST, ABANDONED OR ABUSED AND
   48  SEEKS TO FIND APPROPRIATE TEMPORARY OR PERMANENT HOMES FOR SUCH ANIMALS.
   49    (B) "PET DEALER" SHALL HAVE  THE  SAME  MEANING  AS  SUCH  MEANING  IS
   50  DEFINED IN SECTION FOUR HUNDRED OF THE AGRICULTURE AND MARKETS LAW.
   51    16. THIS SECTION SHALL BE EXCLUSIVE AND SHALL PREEMPT ANY LOCAL LAW OR
   52  ORDINANCE RELATING TO ANIMAL ABUSER REGISTRATION.
   53    S 2. This act shall take effect immediately.
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