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A02905 Summary:

BILL NO    A02905 

SAME AS    No same as 

SPONSOR    McDonough (MS)

COSPNSR    Raia, Curran

MLTSPNSR   Ceretto

Add Art 26-C SS420 - 423, Ag & Mkts L

Establishes the animal abuser registration act.
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A02905 Text:

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

                                         2905

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 22, 2013
                                      ___________

       Introduced by M. of A. McDONOUGH, RAIA, CURRAN -- read once and referred
         to the Committee on Agriculture

       AN  ACT  to amend the agriculture and markets law, in relation to estab-
         lishing the animal abuser registration act

         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  article 26-C to read as follows:
    3                                 ARTICLE 26-C
    4                       ANIMAL ABUSER REGISTRATION ACT
    5  SECTION 420. SHORT TITLE.
    6          421. DEFINITION.
    7          422. REGISTRATION.
    8          423. SEPARABILITY.
    9    S 420. SHORT TITLE. THIS ACT SHALL BE KNOWN AND MAY BE  CITED  AS  THE
   10  "ANIMAL ABUSER REGISTRATION ACT".
   11    S 421. DEFINITION.  FOR PURPOSES OF THIS SECTION "ANIMAL ABUSER" MEANS
   12  A PERSON OVER EIGHTEEN  YEARS  OF  AGE  WHO  HAS  BEEN  CONVICTED  OF  A
   13  VIOLATION  OF  SECTION THREE HUNDRED FIFTY-THREE-A OF THIS CHAPTER OR OF
   14  THE COMPARABLE ANIMAL CRUELTY STATUTES OF ANOTHER STATE.
   15    S 422. REGISTRATION. 1. ANY ANIMAL ABUSER PHYSICALLY WITHIN THE BOUND-
   16  ARIES OF THIS STATE FOR MORE THAN TEN CONSECUTIVE  DAYS  SHALL  REGISTER
   17  WITH  THE  COUNTY  SHERIFF  FOR THE COUNTY IN WHICH THE ANIMAL ABUSER IS
   18  LOCATED BEFORE THE END OF THE ELEVENTH DAY IN THE STATE.
   19    2. ANY PREVIOUSLY REGISTERED ANIMAL ABUSER SHALL REREGISTER  WITH  THE
   20  COUNTY  SHERIFF  FOR THE COUNTY IN WHICH THE ANIMAL ABUSER IS LOCATED NO
   21  LATER THAN TEN DAYS AFTER MOVING TO A NEW LOCATION WITHIN THE STATE.
   22    3. WHEN AN ANIMAL ABUSER REGISTERS WITH THE COUNTY SHERIFF, THE ANIMAL
   23  ABUSER SHALL PROVIDE THE FOLLOWING REGISTRATION INFORMATION:
   24    (A) THE LEGAL NAME AND ANY OTHER NAMES  OR  ALIASES  THAT  THE  ANIMAL
   25  ABUSER IS USING OR HAS USED;

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02121-01-3
       A. 2905                             2

    1    (B) THE DATE OF BIRTH OF THE ANIMAL ABUSER;
    2    (C) THE SOCIAL SECURITY NUMBER OF THE ANIMAL ABUSER;
    3    (D) THE CURRENT ADDRESS OR LOCATION OF THE ANIMAL ABUSER;
    4    (E) THE PLACE OF EMPLOYMENT OF THE ANIMAL ABUSER;
    5    (F) THE OFFENSE FOR WHICH THE ANIMAL ABUSE WAS CONVICTED; AND
    6    (G)  THE DATE AND PLACE OF THE ANIMAL PROTECTION OFFENSE CONVICTION OF
    7  THE ANIMAL ABUSER.
    8    4. WHEN AN ANIMAL ABUSER REGISTERS WITH A COUNTY SHERIFF, THE  SHERIFF
    9  SHALL OBTAIN:
   10    (A) A PHOTOGRAPH OF THE ANIMAL ABUSER AND A COMPLETE SET OF THE ANIMAL
   11  ABUSER'S FINGERPRINTS; AND
   12    (B)  A  DESCRIPTION  OF  ANY  TATTOOS,  SCARS  OR OTHER DISTINGUISHING
   13  FEATURES ON THE ANIMAL ABUSER'S BODY THAT WOULD  ASSIST  IN  IDENTIFYING
   14  THE ANIMAL ABUSER.
   15    5.  FOLLOWING  AN ANIMAL ABUSER'S INITIAL REGISTRATION PURSUANT TO THE
   16  PROVISIONS OF THIS SECTION, AN ANIMAL ABUSER SHALL  ANNUALLY  RENEW  THE
   17  ANIMAL  ABUSER'S  REGISTRATION WITH THE COUNTY SHERIFF PRIOR TO DECEMBER
   18  THIRTY-FIRST OF EACH SUBSEQUENT CALENDAR YEAR FOR A  PERIOD  OF  FIFTEEN
   19  YEARS.
   20    6.  AN  ANIMAL  ABUSER  WHO INTENTIONALLY OR KNOWINGLY FAILS TO COMPLY
   21  WITH THE REGISTRATION REQUIREMENTS, OR PROVIDES FALSE  INFORMATION  WHEN
   22  COMPLYING  WITH THE REGISTRATION REQUIREMENTS SET FORTH IN THIS SECTION,
   23  IS GUILTY OF A CLASS E FELONY. EACH  COUNTY  SHERIFF  SHALL  MAINTAIN  A
   24  LOCAL  REGISTRY OF ANIMAL ABUSERS IN THE SHERIFF'S JURISDICTION REQUIRED
   25  TO REGISTER PURSUANT TO THIS SECTION.
   26    7. THE COUNTY  SHERIFF  SHALL  FORWARD  ALL  REGISTRATION  INFORMATION
   27  OBTAINED  FROM  ANIMAL  ABUSERS  TO  THE  DIVISION  OF  CRIMINAL JUSTICE
   28  SERVICES.
   29    8. WITHIN TEN DAYS OF RECEIVING INITIAL REGISTRATION INFORMATION  FROM
   30  AN  ANIMAL  ABUSER,  THE  COUNTY  SHERIFF SHALL CONTACT EVERY RESIDENCE,
   31  SCHOOL, HUMANE SOCIETY, ANIMAL SHELTER AND ANY OTHER BUSINESS  WITHIN  A
   32  HALF  MILE  RADIUS  OF  THE  ANIMAL  ABUSER'S  RESIDENCE OR LOCATION AND
   33  PROVIDE THEM WITH THE ANIMAL ABUSER'S REGISTRATION INFORMATION, WITH THE
   34  EXCEPTION OF THE ANIMAL ABUSER'S SOCIAL SECURITY NUMBER.
   35    9. THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL MAINTAIN A  CENTRAL
   36  REGISTRY  OF  ANIMAL  ABUSERS  REQUIRED  TO  REGISTER  PURSUANT  TO  THE
   37  PROVISIONS OF THIS SECTION. THE CENTRAL REGISTRY OF ANIMAL ABUSERS SHALL
   38  BE MADE AVAILABLE TO THE PUBLIC VIA INTERNET AND IN  WRITTEN  FORM  UPON
   39  WRITTEN OR VERBAL REQUEST. ALL OF THE INFORMATION CONTAINED IN AN ANIMAL
   40  ABUSER'S  REGISTRATION, WITH THE EXCEPTION OF THE ANIMAL ABUSER'S SOCIAL
   41  SECURITY NUMBER,  SHALL  BE  MADE  AVAILABLE.  RECORDS  OF  EACH  ANIMAL
   42  ABUSER'S  REGISTRATION  SHALL  BE  MAINTAINED  FOR  THE  DURATION OF THE
   43  FIFTEEN YEAR PERIOD IN WHICH THE ANIMAL ABUSER IS REQUIRED TO BE  REGIS-
   44  TERED.
   45    S  423.  SEPARABILITY. IF ANY SECTION OF THIS ARTICLE, OR PART THEREOF
   46  SHALL BE ADJUDGED BY A COURT OF COMPETENT JURISDICTION  TO  BE  INVALID,
   47  SUCH  JUDGMENT  SHALL  NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER OR
   48  ANY OTHER SECTION OR PART THEREOF.
   49    S 2. This act shall take effect on the ninetieth day  after  it  shall
   50  have become a law.
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