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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1549
SPONSOR: Rosenthal L TITLE OF BILL:
An act to amend the executive law, in relation to the creation of an
animal cruelty and animal fighting database
PURPOSE:
This bill will require the establishment and maintenance of a database
for the collection and analysis of information relating to crimes
against animals. The information contained in this database would be
available to various law enforcement and humanitarian agencies.
SUMMARY OF SPECIFIC PROVISIONS:
Section one identifies the legislative intent and findings.
Section two amends the executive law by adding section 837-t. Section
three sets forth the effective date.
JUSTIFICATION:
Since the 1970s, the FBI has linked the repeated instance of animal
killing and torture with its-analysis of the lives of serial killers.
Studies in psychology, sociology, and criminology have further demon-
strated that violent offenders often have childhood and adolescent
histories of repeated and serious animal abuse. Other research has shown
consistent patterns of animal cruelty among the perpetrators of other
forms of violence such as child abuse, spouse abuse, and elder abuse.
Because the American Psychiatric Association considers animal cruelty
one of the diagnostic criteria of conduct disorder, creating a database
to analyses the incidence of animal cruelty will provide a valuable
resource for law enforcement officials who seek to establish a link
between animal cruelty and related crimes.
LEGISLATIVE HISTORY:
2019-20: A.1090 - Reported to Codes; S.2602 - Referred to Domestic
Animal Welfare
2017-18: A317 - Reported to Codes; S.2558 - Referred to Finance
2015-16: A.343 -Reported to Codes; S.6812 - Referred to Finance
2013-14: A.239-A - Reported to Codes
2011-12: A.1766-A - Reported to Codes
2009-10: A.6684-A -Reported to Codes; S.8433 -Referred to Rules
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
This bill shall take effect twelve months after it shall have become a
law provided that, effective immediately, the division of criminal
justice services shall promulgate rules and regulations as it deems
necessary to effectuate the purposes of this act, on or before such
effective date.
STATE OF NEW YORK
________________________________________________________________________
1549
2021-2022 Regular Sessions
IN ASSEMBLY
January 11, 2021
___________
Introduced by M. of A. L. ROSENTHAL, LUPARDO, DINOWITZ, HEVESI, COLTON,
BENEDETTO, ENGLEBRIGHT, OTIS, PERRY, STIRPE, MONTESANO, HUNTER, GALEF,
BYRNE, SIMON, SEAWRIGHT, WALCZYK -- Multi-Sponsored by -- M. of A.
BARNWELL, COOK, GLICK, GOTTFRIED, McDONOUGH, THIELE -- read once and
referred to the Committee on Agriculture
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-w to
13 read as follows:
14 § 837-w. 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
17 mistreatment of animals as set forth in article twenty-six of the agri-
18 culture and markets law and the penal law where data of such crimes
19 shall be collected and displayed in a manner that facilitates analysis
20 and the protection of animals. For the purpose of this section,
21 convictions shall also include pleas to a charge other than animal
22 cruelty, animal fighting, animal neglect, animal abandonment, and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01071-01-1
A. 1549 2
1 mistreatment of animals as set forth in article twenty-six of the agri-
2 culture and markets law and the penal law in satisfaction of the animal
3 cruelty, animal fighting, animal neglect, animal abandonment or other
4 animal mistreatment charge or where the animal cruelty, animal fighting,
5 animal neglect, animal abandonment or other animal mistreatment charge
6 has not resulted in a dismissal on the merits.
7 2. Such crime database shall include, but not be limited to, names and
8 ages of persons eighteen years of age or older who have been convicted
9 of animal cruelty, animal fighting, animal neglect, animal abandonment
10 and other laws pertaining to the mistreatment of animals as set forth in
11 article twenty-six of the agriculture and markets law and the penal law,
12 the specific acts of animal cruelty, animal fighting, animal neglect,
13 animal abandonment or the mistreatment of animals that were the basis of
14 the conviction, the date or dates the acts took place, and the county
15 where such acts took place.
16 3. The crime database shall be in print and in electronic form and
17 shall be available to all law enforcement entities, district attorneys,
18 duly incorporated humane societies, societies for the prevention of
19 cruelty to animals, dog and cat protective associations and animal
20 control officers.
21 4. Nothing in this section shall be construed to limit or restrict
22 municipalities from enacting or enforcing local laws, rules, regulations
23 or ordinances establishing and maintaining an animal abuse registry or
24 database or other means of tracking or identifying persons charged with
25 violating animal abuse laws.
26 § 3. This act shall take effect twelve months after it shall have
27 become a law. Effective immediately, the division of criminal justice
28 services is authorized to promulgate rules and regulations as it deems
29 necessary to effectuate the purposes of this act, on or before such
30 effective date.
