A02484 Summary:

BILL NO    A02484 

SAME AS    
SAME AS S02935

SPONSOR    Barrett

COSPNSR    Tedisco, Otis, Zebrowski, Colton, DiPietro, Montesano, Ceretto, Raia,
           McDonough, Corwin, Finch, Steck, Skoufis, Brabenec

MLTSPNSR   Barclay, Duprey, Garbarino, Hawley, Katz, Kearns, Markey, McKevitt,
           McLaughlin, Mosley, Rivera, Saladino, Schimel, Skartados, Thiele,
           Titone

Add S352, Ag & Mkts L

Requires each violator of "Buster's Law" to register his or her name and
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A02484 Actions:

BILL NO    A02484 

01/16/2015 referred to agriculture
01/06/2016 referred to agriculture
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A02484 Votes:

There are no votes for this bill in this legislative session.
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A02484 Memo:

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.
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A02484 Text:



 
                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.
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