A02484 Summary:

BILL NO    A02484 

SAME AS    SAME AS S02935

SPONSOR    Barrett (MS)

COSPNSR    Tedisco, Otis, Zebrowski, Colton, DiPietro, Montesano, Ceretto, Raia,
           McDonough, Corwin, Finch, Brook-Krasny, Steck, Skoufis

MLTSPNSR   Barclay, Duprey, Garbarino, 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
Go to top

A02484 Actions:

BILL NO    A02484 

01/16/2015 referred to agriculture
Go to top

A02484 Votes:

There are no votes for this bill in this legislative session.
Go to top

A02484 Memo:

BILL NUMBER:A2484

TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to
establishing 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 pursuant to this section in a registry. Such
registry shall be in print and in electronic form and shall be
available to all law enforcement entities, district attorneys, duly
incorporated humane societies, societies for the prevention of cruelty
to animals, dog or cat protective associations, 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 pursuant to this
section shall not own a companion animal or have employment at an
animal shelter, pound, pet store, zoo or other business establishment
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.
Go to top

A02484 Text:

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

                                         2484

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                   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    S 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    S 2. This act shall take effect on the thirtieth day  after  it  shall
   19  have become a law.
Go to top
Page display time = 0.0742 sec