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A03355 Summary:

BILL NOA03355
 
SAME ASSAME AS S05371
 
SPONSORDiPietro
 
COSPNSRMurray, Stec, Curran, Corwin, McDonough, Ra, Pichardo, Lalor
 
MLTSPNSRCeretto, Crouch, Finch, Garbarino, McLaughlin, Mosley, Raia, Simotas
 
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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A03355 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3355
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 22, 2015
                                       ___________
 
        Introduced by M. of A. DiPIETRO -- Multi-Sponsored by -- M. of A. BOREL-
          LI, CERETTO, CROUCH, FINCH, McDONOUGH, McLAUGHLIN, MOSLEY, RAIA, SIMO-
          TAS -- read once and referred to the Committee on Agriculture
 
        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;
    22    (e)  a  violation  of subdivision three of section 130.20 of the penal
    23  law; or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00430-02-5

        A. 3355                             2
 
     1    (f) a violation of comparable statutes of another state.
     2    3.  Upon  conviction  of  any offense set forth in paragraph (a), (b),
     3  (c), (d) or (e) of subdivision two of  this  section,  the  court  shall
     4  certify  that the convicted person is an animal abuser and shall include
     5  the certification in the judgment of conviction and the order of commit-
     6  ment, if any. The  court  shall  provide  a  copy  of  the  judgment  of
     7  conviction  to  the  county sheriff within five days of the entry of the
     8  judgment of conviction. The court shall also advise the animal abuser of
     9  his or her duties under this article.   Failure to include  the  certif-
    10  ication  in  the judgment of conviction or the order of commitment shall
    11  not relieve an animal abuser of the obligations imposed by this section.
    12    4. A person convicted of a violation of another state's  animal  abuse
    13  statute  as provided in paragraph (f) of subdivision two of this section
    14  who subsequently becomes a resident of this state shall,  within  thirty
    15  days of entering the state, register with the central registry.
    16    5.  (a) Each registrant shall provide the following information to the
    17  county sheriff at the time of registration:
    18    (1) the registrant's name, all aliases used, date of birth, sex, race,
    19  height, weight, eye color, driver's  license  number  and  current  home
    20  address and/or expected place of domicile;
    21    (2)  a  description  of  any  tattoos,  scars  or other distinguishing
    22  features on the animal abuser's body that would  assist  in  identifying
    23  the animal abuser;
    24    (3)  a  description  of  the  offense  for  which  the  registrant was
    25  convicted, the date of conviction and the sentence imposed; and
    26    (4) any other information deemed pertinent by the central registry.
    27    (b) The central registry shall  utilize  a  standardized  registration
    28  form in a format developed by the commissioner. Such form shall be writ-
    29  ten in clear and concise language and shall advise the registrant of his
    30  or  her  duties and obligations under this article. A copy of the regis-
    31  tration form shall be provided to the registrant at the time  of  regis-
    32  tration.
    33    6.  (a)  Following a registrant's initial registration pursuant to the
    34  provisions of this section, the registrant shall annually renew  his  or
    35  her  registration with the county sheriff prior to December thirty-first
    36  of each subsequent calendar year for a period of five years.
    37    (b) If a person has been subsequently  convicted  of  an  offense  set
    38  forth  in paragraph (a), (b), (c), (d) or (e) of subdivision two of this
    39  section, the registrant shall annually renew  his  or  her  registration
    40  with  the central registry prior to December thirty-first of each subse-
    41  quent calendar year for a period of ten years.
    42    7. The central registry shall charge an annual fee  of  fifty  dollars
    43  and  a fee of ten dollars each time a registrant registers any change of
    44  address. The fees shall be paid to the county sheriff by the registrant.
    45    8. (a) A person required to  register  pursuant  to  this  section  is
    46  prohibited  from, possessing, adopting, owning, purchasing or exercising
    47  control over any companion animal for the period such person is required
    48  to register; provided, however, that the court may allow such person  to
    49  possess,  adopt, own, purchase or exercise control over a limited number
    50  of companion animals where such person is determined to be a hoarder  of
    51  companion animals.
    52    (b)  All  animal  shelters  and  pet dealers shall examine the central
    53  registry to confirm that any potential owners are  not  registrants.  No
    54  companion animal shall be sold, exchanged or otherwise transferred to an
    55  animal abuser listed on the registry.

        A. 3355                             3
 
     1    9. (a) An animal abuser who intentionally or knowingly fails to comply
     2  with  the  registration requirements, or provides false information when
     3  complying with the registration requirements set forth in this  section,
     4  or  who violates the provisions of paragraph (a) of subdivision eight of
     5  this section, is guilty of a felony:
     6    (1)  punishable by imprisonment for a period not to exceed four years,
     7  or by a fine not to exceed five thousand dollars, or by both  such  fine
     8  and imprisonment for a first offense; and
     9    (2)  punishable by imprisonment for a period not to exceed four years,
    10  or by a fine not to exceed ten thousand dollars, or by  both  such  fine
    11  and imprisonment for subsequent offenses.
    12    (b)  Any  animal  shelter  or pet dealer who violates paragraph (b) of
    13  subdivision eight of this section shall be guilty  of  a  violation  and
    14  subject  to  a  fine  not to exceed one thousand dollars. It shall be an
    15  affirmative defense that the animal shelter or pet dealer  examined  the
    16  central  animal  abuser registry and the name of the person to whom they
    17  sold or transferred a companion animal did not appear thereon.
    18    10. Each county sheriff shall maintain  a  local  registry  of  animal
    19  abusers in the sheriff's jurisdiction.
    20    11.  A  county  sheriff  shall  forward  all  registration information
    21  obtained from animal abusers to the central registry of animal abusers.
    22    12. Registration information contained  in  the  central  registry  of
    23  animal  abusers  shall  be made available to the public through internet
    24  access, telephone access, written access and in person  access.  All  of
    25  the  information  contained  in an animal abuser's registration shall be
    26  made available with  the  exception  of  the  animal  abuser's  driver's
    27  license  number.   Records of each animal abuser's registration shall be
    28  maintained for the duration of the period in which the animal abuser  is
    29  required to be registered pursuant to subdivision six of this section.
    30    13.  No  official, agency, authorized person or entity, whether public
    31  or private, shall be subject to any  civil  or  criminal  liability  for
    32  damages  for any decision or action made in the ordinary course of busi-
    33  ness of that official, agency, authorized  person  or  entity,  provided
    34  that such official, agency, authorized person or entity acted reasonably
    35  and in good faith with respect to such registry information.
    36    14.  The commissioner shall promulgate rules and regulations as may be
    37  necessary to effectuate the provisions and intent of this section and to
    38  enforce registration, all of which shall have the force  and  effect  of
    39  law.
    40    15. For purposes of this section:
    41    (a)  "Animal  shelter"  means  public  or privately owned organization
    42  including, but not limited to, any  duly  incorporated  humane  society,
    43  pound,  animal protective association or animal rescue group which main-
    44  tains buildings, structures or other property for the purpose of harbor-
    45  ing animals which may be stray, unwanted, lost, abandoned or abused  and
    46  seeks to find appropriate temporary or permanent homes for such animals.
    47    (b)  "Pet  dealer"  shall  have  the  same  meaning as such meaning is
    48  defined in section four hundred of the agriculture and markets law.
    49    16. This section shall be exclusive and shall preempt any local law or
    50  ordinance relating to animal abuser registration.
    51    § 2. This act shall take effect immediately.
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