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S01594 Summary:

BILL NOS01594C
 
SAME ASSAME AS A07363
 
SPONSORGRISANTI
 
COSPNSRLANZA
 
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:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1594--C
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                       (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    § 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  fifty-
    11  three,  three  hundred  fifty-three-b,  three  hundred fifty-four, three
    12  hundred fifty-five, three hundred fifty-six, three hundred  fifty-seven,
    13  three  hundred  fifty-eight,  three hundred fifty-eight-a, three hundred
    14  fifty-nine, three hundred fifty-nine-a, three hundred  sixty-two,  three
    15  hundred  sixty-four,  three hundred sixty-five, three hundred sixty-six,

    16  three hundred sixty-six-a,  three  hundred  sixty-eight,  three  hundred
    17  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    § 2. This act shall take effect immediately.
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