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A04516 Summary:

BILL NO    A04516A

SAME AS    SAME AS S02305-A

SPONSOR    Tedisco (MS)

COSPNSR    Katz, Corwin, Butler, McDonough, Giglio, Tenney, McLaughlin,
           Stevenson, Miller, Colton, Raia, Johns, Montesano, Stec

MLTSPNSR   Arroyo, Brook-Krasny, Ceretto, Finch, Kolb, Magee, McDonald, Thiele,
           Weisenberg

Add S352, Ag & Mkts L

Requires each violator of "Buster's Law" to register his or her name and
address with the division of criminal justice services.
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A04516 Text:

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

                                        4516--A

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   February 5, 2013
                                      ___________

       Introduced by M. of A. TEDISCO, KATZ, CORWIN, BUTLER, McDONOUGH, GIGLIO,
         TENNEY,  McLAUGHLIN,  STEVENSON, MILLER, COLTON, RAIA, JOHNS -- Multi-
         Sponsored by -- M. of A. ARROYO, BROOK-KRASNY, CERETTO,  FINCH,  KOLB,
         MAGEE,  RABBITT,  THIELE,  WEISENBERG -- read once and referred to the
         Committee  on  Agriculture  --  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 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.
                                                                  LBD05780-03-3
       A. 4516--A                          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.
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