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A06951 Summary:

BILL NO    A06951 

SAME AS    No same as 

SPONSOR    Ryan

COSPNSR    Brindisi, Tenney

MLTSPNSR   

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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A06951 Text:

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

                                         6951

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                    April 25, 2013
                                      ___________

       Introduced  by  M. of A. RYAN -- 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    S 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
   11  FIFTY-THREE, THREE  HUNDRED  FIFTY-THREE-B,  THREE  HUNDRED  FIFTY-FOUR,
   12  THREE  HUNDRED FIFTY-FIVE, THREE HUNDRED FIFTY-SIX, THREE HUNDRED FIFTY-
   13  SEVEN, THREE HUNDRED FIFTY-EIGHT,  THREE  HUNDRED  FIFTY-EIGHT-A,  THREE
   14  HUNDRED FIFTY-NINE, THREE HUNDRED FIFTY-NINE-A, THREE HUNDRED SIXTY-TWO,
   15  THREE  HUNDRED  SIXTY-FOUR,  THREE  HUNDRED  SIXTY-FIVE,  THREE  HUNDRED
   16  SIXTY-SIX, THREE HUNDRED SIXTY-SIX-A, THREE HUNDRED  SIXTY-EIGHT,  THREE
   17  HUNDRED 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
   24    (F) A VIOLATION OF COMPARABLE STATUTES OF ANOTHER STATE.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04777-08-3
       A. 6951                             2

    1    3. UPON CONVICTION OF ANY OFFENSE SET FORTH  IN  PARAGRAPH  (A),  (B),
    2  (C),  (D)  OR  (E)  OF  SUBDIVISION TWO OF THIS SECTION, THE COURT SHALL
    3  CERTIFY THAT THE CONVICTED PERSON IS AN ANIMAL ABUSER AND SHALL  INCLUDE
    4  THE CERTIFICATION IN THE JUDGMENT OF CONVICTION AND THE ORDER OF COMMIT-
    5  MENT,  IF  ANY.  THE  COURT  SHALL  PROVIDE  A  COPY  OF THE JUDGMENT OF
    6  CONVICTION TO THE COUNTY SHERIFF WITHIN FIVE DAYS OF THE  ENTRY  OF  THE
    7  JUDGMENT OF CONVICTION. THE COURT SHALL ALSO ADVISE THE ANIMAL ABUSER OF
    8  HIS  OR  HER  DUTIES UNDER THIS ARTICLE.  FAILURE TO INCLUDE THE CERTIF-
    9  ICATION IN THE JUDGMENT OF CONVICTION OR THE ORDER OF  COMMITMENT  SHALL
   10  NOT RELIEVE AN ANIMAL ABUSER OF THE OBLIGATIONS IMPOSED BY THIS SECTION.
   11    4.  A  PERSON CONVICTED OF A VIOLATION OF ANOTHER STATE'S ANIMAL ABUSE
   12  STATUTE AS PROVIDED IN PARAGRAPH (F) OF SUBDIVISION TWO OF THIS  SECTION
   13  WHO  SUBSEQUENTLY  BECOMES A RESIDENT OF THIS STATE SHALL, WITHIN THIRTY
   14  DAYS OF ENTERING THE STATE, REGISTER WITH THE CENTRAL REGISTRY.
   15    5. (A) EACH REGISTRANT SHALL PROVIDE THE FOLLOWING INFORMATION TO  THE
   16  COUNTY SHERIFF AT THE TIME OF REGISTRATION:
   17    (1) THE REGISTRANT'S NAME, ALL ALIASES USED, DATE OF BIRTH, SEX, RACE,
   18  HEIGHT,  WEIGHT,  EYE  COLOR,  DRIVER'S  LICENSE NUMBER AND CURRENT HOME
   19  ADDRESS AND/OR EXPECTED PLACE OF DOMICILE;
   20    (2) A DESCRIPTION  OF  ANY  TATTOOS,  SCARS  OR  OTHER  DISTINGUISHING
   21  FEATURES  ON  THE  ANIMAL ABUSER'S BODY THAT WOULD ASSIST IN IDENTIFYING
   22  THE ANIMAL ABUSER;
   23    (3) A  DESCRIPTION  OF  THE  OFFENSE  FOR  WHICH  THE  REGISTRANT  WAS
   24  CONVICTED, THE DATE OF CONVICTION AND THE SENTENCE IMPOSED; AND
   25    (4) ANY OTHER INFORMATION DEEMED PERTINENT BY THE CENTRAL REGISTRY.
   26    (B)  THE  CENTRAL  REGISTRY  SHALL UTILIZE A STANDARDIZED REGISTRATION
   27  FORM IN A FORMAT DEVELOPED BY THE COMMISSIONER. SUCH FORM SHALL BE WRIT-
   28  TEN IN CLEAR AND CONCISE LANGUAGE AND SHALL ADVISE THE REGISTRANT OF HIS
   29  OR HER DUTIES AND OBLIGATIONS UNDER THIS ARTICLE. A COPY OF  THE  REGIS-
   30  TRATION  FORM  SHALL BE PROVIDED TO THE REGISTRANT AT THE TIME OF REGIS-
   31  TRATION.
   32    6. (A) FOLLOWING A REGISTRANT'S INITIAL REGISTRATION PURSUANT  TO  THE
   33  PROVISIONS  OF  THIS SECTION, THE REGISTRANT SHALL ANNUALLY RENEW HIS OR
   34  HER REGISTRATION WITH THE COUNTY SHERIFF PRIOR TO DECEMBER  THIRTY-FIRST
   35  OF EACH SUBSEQUENT CALENDAR YEAR FOR A PERIOD OF FIVE YEARS.
   36    (B)  IF  A  PERSON  HAS  BEEN SUBSEQUENTLY CONVICTED OF AN OFFENSE SET
   37  FORTH IN PARAGRAPH (A), (B), (C), (D) OR (E) OF SUBDIVISION TWO OF  THIS
   38  SECTION,  THE  REGISTRANT  SHALL  ANNUALLY RENEW HIS OR HER REGISTRATION
   39  WITH THE CENTRAL REGISTRY PRIOR TO DECEMBER THIRTY-FIRST OF EACH  SUBSE-
   40  QUENT CALENDAR YEAR FOR A PERIOD OF TEN YEARS.
   41    7.  THE  CENTRAL  REGISTRY SHALL CHARGE AN ANNUAL FEE OF FIFTY DOLLARS
   42  AND A FEE OF TEN DOLLARS EACH TIME A REGISTRANT REGISTERS ANY CHANGE  OF
   43  ADDRESS. THE FEES SHALL BE PAID TO THE COUNTY SHERIFF BY THE REGISTRANT.
   44    8.  (A)  A  PERSON  REQUIRED  TO  REGISTER PURSUANT TO THIS SECTION IS
   45  PROHIBITED FROM, POSSESSING, ADOPTING, OWNING, PURCHASING OR  EXERCISING
   46  CONTROL OVER ANY COMPANION ANIMAL FOR THE PERIOD SUCH PERSON IS REQUIRED
   47  TO  REGISTER; PROVIDED, HOWEVER, THAT THE COURT MAY ALLOW SUCH PERSON TO
   48  POSSESS, ADOPT, OWN, PURCHASE OR EXERCISE CONTROL OVER A LIMITED  NUMBER
   49  OF  COMPANION ANIMALS WHERE SUCH PERSON IS DETERMINED TO BE A HOARDER OF
   50  COMPANION ANIMALS.
   51    (B) ALL ANIMAL SHELTERS AND PET  DEALERS  SHALL  EXAMINE  THE  CENTRAL
   52  REGISTRY  TO  CONFIRM  THAT ANY POTENTIAL OWNERS ARE NOT REGISTRANTS. NO
   53  COMPANION ANIMAL SHALL BE SOLD, EXCHANGED OR OTHERWISE TRANSFERRED TO AN
   54  ANIMAL ABUSER LISTED ON THE REGISTRY.
   55    9. (A) AN ANIMAL ABUSER WHO INTENTIONALLY OR KNOWINGLY FAILS TO COMPLY
   56  WITH THE REGISTRATION REQUIREMENTS, OR PROVIDES FALSE  INFORMATION  WHEN
       A. 6951                             3

    1  COMPLYING  WITH THE REGISTRATION REQUIREMENTS SET FORTH IN THIS SECTION,
    2  OR WHO VIOLATES THE PROVISIONS OF PARAGRAPH (A) OF SUBDIVISION EIGHT  OF
    3  THIS SECTION, IS GUILTY OF A FELONY:
    4    (1)  PUNISHABLE BY IMPRISONMENT FOR A PERIOD NOT TO EXCEED FOUR YEARS,
    5  OR BY A FINE NOT TO EXCEED FIVE THOUSAND DOLLARS, OR BY BOTH  SUCH  FINE
    6  AND IMPRISONMENT FOR A FIRST OFFENSE; AND
    7    (2)  PUNISHABLE BY IMPRISONMENT FOR A PERIOD NOT TO EXCEED FOUR YEARS,
    8  OR BY A FINE NOT TO EXCEED TEN THOUSAND DOLLARS, OR BY  BOTH  SUCH  FINE
    9  AND IMPRISONMENT FOR SUBSEQUENT OFFENSES.
   10    (B)  ANY  ANIMAL  SHELTER  OR PET DEALER WHO VIOLATES PARAGRAPH (B) OF
   11  SUBDIVISION EIGHT OF THIS SECTION SHALL BE GUILTY  OF  A  VIOLATION  AND
   12  SUBJECT  TO  A  FINE  NOT TO EXCEED ONE THOUSAND DOLLARS. IT SHALL BE AN
   13  AFFIRMATIVE DEFENSE THAT THE ANIMAL SHELTER OR PET DEALER  EXAMINED  THE
   14  CENTRAL  ANIMAL  ABUSER REGISTRY AND THE NAME OF THE PERSON TO WHOM THEY
   15  SOLD OR TRANSFERRED A COMPANION ANIMAL DID NOT APPEAR THEREON.
   16    10. EACH COUNTY SHERIFF SHALL MAINTAIN  A  LOCAL  REGISTRY  OF  ANIMAL
   17  ABUSERS IN THE SHERIFF'S JURISDICTION.
   18    11.  A  COUNTY  SHERIFF  SHALL  FORWARD  ALL  REGISTRATION INFORMATION
   19  OBTAINED FROM ANIMAL ABUSERS TO THE CENTRAL REGISTRY OF ANIMAL ABUSERS.
   20    12. REGISTRATION INFORMATION CONTAINED  IN  THE  CENTRAL  REGISTRY  OF
   21  ANIMAL  ABUSERS  SHALL  BE MADE AVAILABLE TO THE PUBLIC THROUGH INTERNET
   22  ACCESS, TELEPHONE ACCESS, WRITTEN ACCESS AND IN PERSON  ACCESS.  ALL  OF
   23  THE  INFORMATION  CONTAINED  IN AN ANIMAL ABUSER'S REGISTRATION SHALL BE
   24  MADE AVAILABLE WITH  THE  EXCEPTION  OF  THE  ANIMAL  ABUSER'S  DRIVER'S
   25  LICENSE  NUMBER.   RECORDS OF EACH ANIMAL ABUSER'S REGISTRATION SHALL BE
   26  MAINTAINED FOR THE DURATION OF THE PERIOD IN WHICH THE ANIMAL ABUSER  IS
   27  REQUIRED TO BE REGISTERED PURSUANT TO SUBDIVISION SIX OF THIS SECTION.
   28    13.  NO  OFFICIAL, AGENCY, AUTHORIZED PERSON OR ENTITY, WHETHER PUBLIC
   29  OR PRIVATE, SHALL BE SUBJECT TO ANY  CIVIL  OR  CRIMINAL  LIABILITY  FOR
   30  DAMAGES  FOR ANY DECISION OR ACTION MADE IN THE ORDINARY COURSE OF BUSI-
   31  NESS OF THAT OFFICIAL, AGENCY, AUTHORIZED  PERSON  OR  ENTITY,  PROVIDED
   32  THAT SUCH OFFICIAL, AGENCY, AUTHORIZED PERSON OR ENTITY ACTED REASONABLY
   33  AND IN GOOD FAITH WITH RESPECT TO SUCH REGISTRY INFORMATION.
   34    14.  THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS AS MAY BE
   35  NECESSARY TO EFFECTUATE THE PROVISIONS AND INTENT OF THIS SECTION AND TO
   36  ENFORCE REGISTRATION, ALL OF WHICH SHALL HAVE THE FORCE  AND  EFFECT  OF
   37  LAW.
   38    15. FOR PURPOSES OF THIS SECTION:
   39    (A)  "ANIMAL  SHELTER"  MEANS  PUBLIC  OR PRIVATELY OWNED ORGANIZATION
   40  INCLUDING, BUT NOT LIMITED TO, ANY  DULY  INCORPORATED  HUMANE  SOCIETY,
   41  POUND,  ANIMAL PROTECTIVE ASSOCIATION OR ANIMAL RESCUE GROUP WHICH MAIN-
   42  TAINS BUILDINGS, STRUCTURES OR OTHER PROPERTY FOR THE PURPOSE OF HARBOR-
   43  ING ANIMALS WHICH MAY BE STRAY, UNWANTED, LOST, ABANDONED OR ABUSED  AND
   44  SEEKS TO FIND APPROPRIATE TEMPORARY OR PERMANENT HOMES FOR SUCH ANIMALS.
   45    (B)  "PET  DEALER"  MEANS  ANY  INDIVIDUAL, PERSON, PARTNERSHIP, FIRM,
   46  CORPORATION OR OTHER ENTITY WHICH OFFERS ANIMALS FOR SALE OR IS  ENGAGED
   47  IN THE SALE, EXCHANGE OR OTHER TRANSFER OF OWNERSHIP OF ANIMALS.
   48    16. THIS SECTION SHALL BE EXCLUSIVE AND SHALL PREEMPT ANY LOCAL LAW OR
   49  ORDINANCE RELATING TO ANIMAL ABUSER REGISTRATION.
   50    S 2. This act shall take effect immediately.
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