|SAME AS||SAME AS A07363|
|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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STATE OF NEW YORK ________________________________________________________________________ 1594--C 2013-2014 Regular Sessions IN SENATE (Prefiled) January 9, 2013 ___________ Introduced by Sen. GRISANTI -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- 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 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; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04777-09-3S. 1594--C 2 1 (e) a violation of subdivision three of section 130.20 of the penal 2 law; or 3 (f) a violation of comparable statutes of another state. 4 3. Upon conviction of any offense set forth in paragraph (a), (b), 5 (c), (d) or (e) of subdivision two of this section, the court shall 6 certify that the convicted person is an animal abuser and shall include 7 the certification in the judgment of conviction and the order of commit- 8 ment, if any. The court shall provide a copy of the judgment of 9 conviction to the county sheriff within five days of the entry of the 10 judgment of conviction. The court shall also advise the animal abuser of 11 his or her duties under this article. Failure to include the certif- 12 ication in the judgment of conviction or the order of commitment shall 13 not relieve an animal abuser of the obligations imposed by this section. 14 4. A person convicted of a violation of another state's animal abuse 15 statute as provided in paragraph (f) of subdivision two of this section 16 who subsequently becomes a resident of this state shall, within thirty 17 days of entering the state, register with the central registry. 18 5. (a) Each registrant shall provide the following information to the 19 county sheriff at the time of registration: 20 (1) the registrant's name, all aliases used, date of birth, sex, race, 21 height, weight, eye color, driver's license number and current home 22 address and/or expected place of domicile; 23 (2) a description of any tattoos, scars or other distinguishing 24 features on the animal abuser's body that would assist in identifying 25 the animal abuser; 26 (3) a description of the offense for which the registrant was 27 convicted, the date of conviction and the sentence imposed; and 28 (4) any other information deemed pertinent by the central registry. 29 (b) The central registry shall utilize a standardized registration 30 form in a format developed by the commissioner. Such form shall be writ- 31 ten in clear and concise language and shall advise the registrant of his 32 or her duties and obligations under this article. A copy of the regis- 33 tration form shall be provided to the registrant at the time of regis- 34 tration. 35 6. (a) Following a registrant's initial registration pursuant to the 36 provisions of this section, the registrant shall annually renew his or 37 her registration with the county sheriff prior to December thirty-first 38 of each subsequent calendar year for a period of five years. 39 (b) If a person has been subsequently convicted of an offense set 40 forth in paragraph (a), (b), (c), (d) or (e) of subdivision two of this 41 section, the registrant shall annually renew his or her registration 42 with the central registry prior to December thirty-first of each subse- 43 quent calendar year for a period of ten years. 44 7. The central registry shall charge an annual fee of fifty dollars 45 and a fee of ten dollars each time a registrant registers any change of 46 address. The fees shall be paid to the county sheriff by the registrant. 47 8. (a) A person required to register pursuant to this section is 48 prohibited from, possessing, adopting, owning, purchasing or exercising 49 control over any companion animal for the period such person is required 50 to register; provided, however, that the court may allow such person to 51 possess, adopt, own, purchase or exercise control over a limited number 52 of companion animals where such person is determined to be a hoarder of 53 companion animals. 54 (b) All animal shelters and pet dealers shall examine the central 55 registry to confirm that any potential owners are not registrants. NoS. 1594--C 3 1 companion animal shall be sold, exchanged or otherwise transferred to an 2 animal abuser listed on the registry. 3 9. (a) An animal abuser who intentionally or knowingly fails to comply 4 with the registration requirements, or provides false information when 5 complying with the registration requirements set forth in this section, 6 or who violates the provisions of paragraph (a) of subdivision eight of 7 this section, is guilty of a felony: 8 (1) punishable by imprisonment for a period not to exceed four years, 9 or by a fine not to exceed five thousand dollars, or by both such fine 10 and imprisonment for a first offense; and 11 (2) punishable by imprisonment for a period not to exceed four years, 12 or by a fine not to exceed ten thousand dollars, or by both such fine 13 and imprisonment for subsequent offenses. 14 (b) Any animal shelter or pet dealer who violates paragraph (b) of 15 subdivision eight of this section shall be guilty of a violation and 16 subject to a fine not to exceed one thousand dollars. It shall be an 17 affirmative defense that the animal shelter or pet dealer examined the 18 central animal abuser registry and the name of the person to whom they 19 sold or transferred a companion animal did not appear thereon. 20 10. Each county sheriff shall maintain a local registry of animal 21 abusers in the sheriff's jurisdiction. 22 11. A county sheriff shall forward all registration information 23 obtained from animal abusers to the central registry of animal abusers. 24 12. Registration information contained in the central registry of 25 animal abusers shall be made available to the public through internet 26 access, telephone access, written access and in person access. All of 27 the information contained in an animal abuser's registration shall be 28 made available with the exception of the animal abuser's driver's 29 license number. Records of each animal abuser's registration shall be 30 maintained for the duration of the period in which the animal abuser is 31 required to be registered pursuant to subdivision six of this section. 32 13. No official, agency, authorized person or entity, whether public 33 or private, shall be subject to any civil or criminal liability for 34 damages for any decision or action made in the ordinary course of busi- 35 ness of that official, agency, authorized person or entity, provided 36 that such official, agency, authorized person or entity acted reasonably 37 and in good faith with respect to such registry information. 38 14. The commissioner shall promulgate rules and regulations as may be 39 necessary to effectuate the provisions and intent of this section and to 40 enforce registration, all of which shall have the force and effect of 41 law. 42 15. For purposes of this section: 43 (a) "Animal shelter" means public or privately owned organization 44 including, but not limited to, any duly incorporated humane society, 45 pound, animal protective association or animal rescue group which main- 46 tains buildings, structures or other property for the purpose of harbor- 47 ing animals which may be stray, unwanted, lost, abandoned or abused and 48 seeks to find appropriate temporary or permanent homes for such animals. 49 (b) "Pet dealer" shall have the same meaning as such meaning is 50 defined in section four hundred of the agriculture and markets law. 51 16. This section shall be exclusive and shall preempt any local law or 52 ordinance relating to animal abuser registration. 53 § 2. This act shall take effect immediately.