STATE OF NEW YORK
________________________________________________________________________
1506--A
2011-2012 Regular Sessions
IN ASSEMBLY
January 10, 2011
___________
Introduced by M. of A. TEDISCO, KATZ, CORWIN, CALHOUN, BUTLER, BURLING,
MURRAY, McDONOUGH, GIGLIO, TENNEY, McLAUGHLIN, STEVENSON, P. RIVERA,
M. MILLER, COLTON, N. RIVERA, RAIA, JOHNS -- Multi-Sponsored by -- M.
of A. ARROYO, BROOK-KRASNY, CASTELLI, CERETTO, CONTE, FINCH, KOLB,
MAGEE, RABBITT, THIELE, WEISENBERG -- read once and referred to the
Committee on Agriculture -- recommitted to the Committee on Agricul-
ture in accordance with Assembly Rule 3, sec. 2 -- 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 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. Animal cruelty register. 1. Any person who is convicted of a
4 violation of section three hundred fifty-one or three hundred fifty-
5 three-a of this article shall register with the division of criminal
6 justice services. Such registration shall be made in a manner and form
7 to be determined by the division of criminal justice services, and shall
8 include, at a minimum, the name and address of such registrant. The
9 division of criminal justice services shall maintain registration infor-
10 mation received pursuant to this section in a registry. Such registry
11 shall be in print and in electronic form and shall be available to all
12 law enforcement entities, district attorneys, duly incorporated humane
13 societies, societies for the prevention of cruelty to animals, dog or
14 cat protective associations, animal control officers, breeders of
15 animals and pet stores doing business in this state. Any person
16 required to register pursuant to this section shall register annually,
17 or each time such person moves to a new address and shall continue to
18 register until such person receives a court order ordering such regis-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02229-05-2
A. 1506--A 2
1 tration to cease. No such order shall be issued until such person first
2 demonstrates to the court that he or she has undergone psychiatric or
3 psychological testing, the results of which indicate by clear and
4 convincing evidence his or her capable and sound mental capacity and
5 ability to own and properly care for an animal in a humane manner. Any
6 person required to register pursuant to this section shall not own a
7 companion animal or have employment at an animal shelter, pound, pet
8 store, zoo or other business establishment where companion animals are
9 present. Any person who is convicted of a violation of section three
10 hundred fifty-one or three hundred fifty-three-a of this article shall,
11 in addition to any other penalty or term of imprisonment authorized by
12 law, be subject to a mandatory annual surcharge of fifty dollars which
13 shall be used to pay for costs and expenses associated with establishing
14 and maintaining the registry required by this section.
15 2. The provisions of this section shall apply to all municipalities,
16 including cities having a population of one million or more, and shall
17 supersede any local law, rule, regulation, code or ordinance regulating
18 the establishment, implementation and enforcement of an animal cruelty
19 or abuser registry.
20 § 2. This act shall take effect on the thirtieth day after it shall
21 have become a law.
