Relates to the creation of a crime database of all convictions in New York state of animal cruelty, fighting, neglect, abandonment and mistreatment; makes such crime database available to all law enforcement entities, district attorneys, duly incorporated humane societies, societies for the prevention of cruelty to animals, dog or cat protective associations and animal control officers.
STATE OF NEW YORK
________________________________________________________________________
239--A
2013-2014 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2013
___________
Introduced by M. of A. ROSENTHAL, LUPARDO, DINOWITZ, COLTON, JAFFEE,
HEVESI, MILLMAN, BENEDETTO, KAVANAGH, KELLNER, MONTESANO, TITONE,
ENGLEBRIGHT, OTIS, SKOUFIS, PERRY -- Multi-Sponsored by -- M. of A.
COOK, CORWIN, GLICK, GOTTFRIED, HOOPER, P. LOPEZ, MAGEE, MALLIOTAKIS,
MARKEY, McDONOUGH, McKEVITT, MILLER, RAIA, SCHIMEL, SWEENEY, TEDISCO,
THIELE, WEISENBERG -- read once and referred to the Committee on Agri-
culture -- recommitted to the Committee on Agriculture in accordance
with Assembly Rule 3, sec. 2 -- reported and referred to the Committee
on Codes -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the executive law, in relation to the creation of an
animal cruelty and animal fighting database
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative findings. Studies in psychology, sociology and
2 criminology have demonstrated that violent offenders frequently have
3 childhood and adolescent histories of serious and repeated animal cruel-
4 ty. The Federal Bureau of Investigation has recognized this connection
5 since the 1970s when its analysis of the lives of serial killers
6 suggested that most had killed or tortured animals during their life.
7 Other research has shown consistent patterns of animal cruelty among
8 perpetrators of more common forms of violence, including child abuse,
9 spouse abuse, and elder abuse, leading the American Psychiatric Associ-
10 ation to consider animal cruelty as one of the diagnostic criteria of
11 conduct disorder.
12 § 2. The executive law is amended by adding a new section 837-s to
13 read as follows:
14 § 837-s. Animal cruelty database. 1. The division shall establish and
15 maintain a crime database of all convictions in New York state of animal
16 cruelty, animal fighting, animal neglect, animal abandonment, and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02346-03-4
A. 239--A 2
1 mistreatment of animals as set forth in article twenty-six of the agri-
2 culture and markets law and the penal law where data of such crimes
3 shall be collected and displayed in a manner that facilitates analysis
4 and the protection of animals. For the purpose of this section,
5 convictions shall also include pleas to a charge other than animal
6 cruelty, animal fighting, animal neglect, animal abandonment, and
7 mistreatment of animals as set forth in article twenty-six of the agri-
8 culture and markets law and the penal law in satisfaction of the animal
9 cruelty, animal fighting, animal neglect, animal abandonment or other
10 animal mistreatment charge or where the animal cruelty, animal fighting,
11 animal neglect, animal abandonment or other animal mistreatment charge
12 has not resulted in a dismissal on the merits.
13 2. Such crime database shall include, but not be limited to, names and
14 ages of persons eighteen years of age or older who have been convicted
15 of animal cruelty, animal fighting, animal neglect, animal abandonment
16 and other laws pertaining to the mistreatment of animals as set forth in
17 article twenty-six of the agriculture and markets law and the penal law,
18 the specific acts of animal cruelty, animal fighting, animal neglect,
19 animal abandonment or the mistreatment of animals that were the basis of
20 the conviction, the date or dates the acts took place, and the county
21 where such acts took place.
22 3. The crime database shall be in print and in electronic form and
23 shall be available to all law enforcement entities, district attorneys,
24 duly incorporated humane societies, societies for the prevention of
25 cruelty to animals, dog and cat protective associations and animal
26 control officers.
27 4. Nothing in this section shall be construed to limit or restrict
28 municipalities from enacting or enforcing local laws, rules, regulations
29 or ordinances establishing and maintaining an animal abuse registry or
30 database or other means of tracking or identifying persons charged with
31 violating animal abuse laws.
32 § 3. This act shall take effect June 1, 2015, provided, however, that
33 effective immediately, the division of criminal justice services shall
34 promulgate rules and regulations as it deems necessary to effectuate the
35 purposes of this act, on or before such effective date.