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S02305 Summary:

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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S02305 Text:

                STATE OF NEW YORK
                               2013-2014 Regular Sessions
                    IN SENATE
                                    January 15, 2013
        Introduced  by  Sens.  BALL,  ADDABBO,  GOLDEN -- read twice and ordered
          printed, and when printed to be committed to the Committee on Agricul-
          ture -- reported favorably from said committee and  committed  to  the
          Committee  on  Finance  -- 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
          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    §  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
    21  has undergone psychiatric or psychological testing, the results of which
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 2305--A                          2
     1  indicate  by  clear and convincing evidence his or her capable and sound
     2  mental capacity and ability to own and properly care for an animal in  a

     3  humane  manner. Any person required to register pursuant to this section
     4  shall  not  own a companion animal or have employment at an animal shel-
     5  ter, pound, pet store, zoo or other business establishment where compan-
     6  ion animals are present. Any person who is convicted of a  violation  of
     7  section  three  hundred fifty-one or three hundred fifty-three-a of this
     8  article shall, in addition to any other penalty or term of  imprisonment
     9  authorized  by  law, be subject to a mandatory annual surcharge of fifty
    10  dollars which shall be used to pay for  costs  and  expenses  associated
    11  with establishing and maintaining the registry required by this section.
    12    2.  The  provisions of this section shall apply to all municipalities,

    13  including cities having a population of one million or more,  and  shall
    14  supersede  any local law, rule, regulation, code or ordinance regulating
    15  the establishment, implementation and enforcement of an  animal  cruelty
    16  or abuser registry.
    17    §  2.  This  act shall take effect on the thirtieth day after it shall
    18  have become a law.
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