STATE OF NEW YORK
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2935
2015-2016 Regular Sessions
IN SENATE
January 30, 2015
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Introduced by Sen. BOYLE -- read twice and ordered printed, and when
printed to be committed to the Committee on Agriculture
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 § 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
22 indicate by clear and convincing evidence his or her capable and sound
23 mental capacity and ability to own and properly care for an animal in a
24 humane manner. Any person required to register pursuant to this section
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00006-01-5
S. 2935 2
1 shall not own a companion animal or have employment at an animal shel-
2 ter, pound, pet store, zoo or other business establishment where compan-
3 ion animals are present. Any person who is convicted of a violation of
4 section three hundred fifty-one or three hundred fifty-three-a of this
5 article shall, in addition to any other penalty or term of imprisonment
6 authorized by law, be subject to a mandatory annual surcharge of fifty
7 dollars which shall be used to pay for costs and expenses associated
8 with establishing and maintaining the registry required by this section.
9 2. The provisions of this section shall apply to all municipalities,
10 including cities having a population of one million or more, and shall
11 supersede any local law, rule, regulation, code or ordinance regulating
12 the establishment, implementation and enforcement of an animal cruelty
13 or abuser registry.
14 § 2. This act shall take effect on the thirtieth day after it shall
15 have become a law.
