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S05036 Summary:

BILL NO    S05036 

SAME AS    No same as 

SPONSOR    LAVALLE

COSPNSR    

MLTSPNSR   

Add S353-f, Ag & Mkts L

Establishes an animal abuser statewide registry with community notification
requirements.
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S05036 Text:

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

                                         5036

                              2013-2014 Regular Sessions

                                   I N  S E N A T E

                                      May 7, 2013
                                      ___________

       Introduced  by  Sen. LAVALLE -- 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 an animal abuser 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 353-f to read as follows:
    3    S  353-F. ANIMAL ABUSER REGISTRY. 1. FOR PURPOSES OF THIS SECTION, THE
    4  TERM "ANIMAL ABUSER" MEANS A PERSON OVER EIGHTEEN YEARS OF AGE  WHO  HAS
    5  BEEN CONVICTED OF A FELONY VIOLATION OF ANY PROVISION OF THIS ARTICLE OR
    6  OF THE COMPARABLE STATUTES OF ANOTHER STATE.
    7    2.  ANY  ANIMAL  ABUSER PHYSICALLY WITHIN THE BOUNDARIES OF THIS STATE
    8  FOR MORE THAN TEN CONSECUTIVE DAYS SHALL REGISTER WITH THE COUNTY  SHER-
    9  IFF  FOR THE COUNTY IN WHICH THE ANIMAL ABUSER IS LOCATED BEFORE THE END
   10  OF THE ELEVENTH DAY IN THE STATE.
   11    3. ANY PREVIOUSLY REGISTERED ANIMAL ABUSER SHALL REREGISTER  WITH  THE
   12  COUNTY  SHERIFF  FOR THE COUNTY IN WHICH THE ANIMAL ABUSER IS LOCATED NO
   13  LATER THAN TEN DAYS AFTER MOVING TO A NEW LOCATION WITHIN THE STATE.
   14    4. WHEN AN ANIMAL ABUSER REGISTERS WITH THE COUNTY SHERIFF, THE ANIMAL
   15  ABUSER SHALL PROVIDE THE FOLLOWING REGISTRATION INFORMATION:
   16    (A) THE LEGAL NAME AND ANY OTHER NAMES  OR  ALIASES  THAT  THE  ANIMAL
   17  ABUSER IS USING OR HAS USED;
   18    (B) THE DATE OF BIRTH OF THE ANIMAL ABUSER;
   19    (C) THE SOCIAL SECURITY NUMBER OF THE ANIMAL ABUSER;
   20    (D) THE CURRENT ADDRESS OR LOCATION OF THE ANIMAL ABUSER;
   21    (E) THE PLACE OF EMPLOYMENT OF THE ANIMAL ABUSER;
   22    (F)  THE  ANIMAL  PROTECTION  OFFENSE  FOR WHICH THE ANIMAL ABUSER WAS
   23  CONVICTED; AND
   24    (G) THE DATE AND PLACE OF THE ANIMAL PROTECTION OFFENSE CONVICTION  OF
   25  THE ANIMAL ABUSER.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03788-01-3
       S. 5036                             2

    1    5.  WHEN AN ANIMAL ABUSER REGISTERS WITH A COUNTY SHERIFF, THE SHERIFF
    2  SHALL OBTAIN:
    3    (A) A PHOTOGRAPH OF THE ANIMAL ABUSER AND A COMPLETE SET OF THE ANIMAL
    4  ABUSER'S FINGERPRINTS; AND
    5    (B)  A  DESCRIPTION  OF  ANY  TATTOOS,  SCARS  OR OTHER DISTINGUISHING
    6  FEATURES ON THE ANIMAL ABUSER'S BODY THAT WOULD  ASSIST  IN  IDENTIFYING
    7  THE ANIMAL ABUSER.
    8    6.  FOLLOWING  AN ANIMAL ABUSER'S INITIAL REGISTRATION PURSUANT TO THE
    9  PROVISIONS OF THIS SECTION, AN ANIMAL ABUSER SHALL  ANNUALLY  RENEW  THE
   10  ANIMAL  ABUSER'S  REGISTRATION WITH THE COUNTY SHERIFF PRIOR TO DECEMBER
   11  THIRTY-FIRST OF EACH SUBSEQUENT CALENDAR YEAR FOR A  PERIOD  OF  FIFTEEN
   12  YEARS.
   13    7.  AN  ANIMAL  ABUSER  WHO INTENTIONALLY OR KNOWINGLY FAILS TO COMPLY
   14  WITH THE REGISTRATION REQUIREMENTS, OR PROVIDES FALSE  INFORMATION  WHEN
   15  COMPLYING  WITH THE REGISTRATION REQUIREMENTS SET FORTH IN THIS SECTION,
   16  IS GUILTY OF A CLASS E FELONY.
   17    8. EACH COUNTY SHERIFF SHALL MAINTAIN A LOCAL REGISTRY OF ANIMAL ABUS-
   18  ERS IN THE SHERIFF'S JURISDICTION REQUIRED TO REGISTER PURSUANT TO  THIS
   19  SECTION.
   20    9.  THE  COUNTY  SHERIFF  SHALL  FORWARD  ALL REGISTRATION INFORMATION
   21  OBTAINED FROM ANIMAL ABUSERS TO THE NEW YORK STATE DIVISION OF  CRIMINAL
   22  JUSTICE SERVICES.
   23    10. WITHIN TEN DAYS OF RECEIVING INITIAL REGISTRATION INFORMATION FROM
   24  AN  ANIMAL  ABUSER,  THE  COUNTY  SHERIFF SHALL CONTACT EVERY RESIDENCE,
   25  SCHOOL, HUMANE SOCIETY, ANIMAL SHELTER AND ANY OTHER BUSINESS  WITHIN  A
   26  HALF  MILE  RADIUS  OF  THE  ANIMAL  ABUSER'S  RESIDENCE OR LOCATION AND
   27  PROVIDE THEM WITH THE ANIMAL ABUSER'S REGISTRATION INFORMATION, WITH THE
   28  EXCEPTION OF THE ANIMAL ABUSER'S SOCIAL SECURITY NUMBER.
   29    11. THE NEW YORK STATE DIVISION OF  CRIMINAL  JUSTICE  SERVICES  SHALL
   30  MAINTAIN  A  CENTRAL  REGISTRY  OF  ANIMAL  ABUSERS REQUIRED TO REGISTER
   31  PURSUANT TO THE PROVISIONS OF THIS  SECTION.  THE  CENTRAL  REGISTRY  OF
   32  ANIMAL  ABUSERS  SHALL  BE MADE AVAILABLE TO THE PUBLIC THROUGH INTERNET
   33  ACCESS, TELEPHONE ACCESS, WRITTEN ACCESS AND IN-PERSON  ACCESS.  ALL  OF
   34  THE  INFORMATION  CONTAINED IN AN ANIMAL ABUSER'S REGISTRATION, WITH THE
   35  EXCEPTION OF THE ANIMAL ABUSER'S SOCIAL SECURITY NUMBER, SHALL  BE  MADE
   36  AVAILABLE.  RECORDS  OF EACH ANIMAL ABUSER'S REGISTRATION SHALL BE MAIN-
   37  TAINED FOR THE DURATION OF THE FIFTEEN YEAR PERIOD IN WHICH  THE  ANIMAL
   38  ABUSER IS REQUIRED TO BE REGISTERED.
   39    S 2. This act shall take effect immediately.
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