NY State Assembly Bill 2009-A10998

Assembly Bill A10998

2009-2010 Legislative Session

Requires each violator of "Buster's Law" to register his or her name and address with the department of agriculture and markets

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 06, 2010	referred to agriculture

2009-A10998 (ACTIVE) - Details

Current Committee:: Assembly Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §352, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A1506
2013-2014: A4516, A8443
2015-2016: A2484
2017-2018: A10049
2019-2020: A4913
2021-2022: A6354

2009-A10998 (ACTIVE) - Summary

Requires each violator of "Buster's Law" to register his or her name and address with the department of agriculture and markets.

2009-A10998 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A10998

TITLE  OF  BILL:    An  act to amend the agriculture and markets law, in
relation to establishing a registry for persons convicted  of  violating
"Buster's Law"

PURPOSE:    Requires  each violator of "Buster's Law" to register his or
her name and address with the Department of Agriculture and Markets.

SUMMARY OF PROVISIONS:  Section 1 adds a new section 352 to the Agricul-
ture and Markets Law to establish an animal cruelty  register.  The  new
section  provides  that  persons  convicted  of animal cruelty or animal
fighting must register with the Department of Agriculture  and  Markets.
The manner of registration will be regulated by the department but shall
include,  at a minimum, the name and address of the registrant. Informa-
tion stored in the registry shall be made available to all law  enforce-
ment  entities,  district attorneys, humane societies, societies for the
prevention of cruelty to animals, animal control officers,  breeders  of
animals and pet stores doing business in this state.

Any  person  required to register shall do so annually or each time such
person moves to a new address and shall continue to register until he or
she receives a court order ordering such registration to cease. No  such
order  shall  be  issued  until the registrant demonstrates to the court
that he or she has undergone psychological and or  psychiatric  testing,
the  results  of  which indicate by clear and convincing evidence his or

her capable and sound mental capacity and ability to  own  and  properly
care  for  an  animal.  Any person required to register pursuant to this
section may not own a companion animal or be employed at an animal shel-
ter, pound, pet store, zoo or any  other  business  establishment  where
companion  animals  are  present. Persons convicted of animal cruelty or
animal fighting shall be subject to an additional surcharge of $50.00 to
help defray the costs of maintaining this registry.

Section 2 contains the effective date.

JUSTIFICATION: The behavior of persons who repeatedly torture and  abuse
animals have been linked to the behaviors associated with serial killers
that  target  human  beings.  Law  enforcement  officials have described
animal cruelty as a bridge crime  with  offenders  often  turning  their
cruelty  to people. This legislation will prevent these twisted individ-
uals that torture innocent animals from ever being able to lawfully  own
or work with animals again. With this measure in place, law enforcement,
humane  societies,  breeders  and  pet  stores  will be able to identify
animal abusers before they are able to purchase or adopt a  pet.  Regis-
trants  may only be removed from the registry once they have been deemed
psychologically sound enough to care for an animal.

LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: Minimal as new surcharge will pay for the register.

EFFECTIVE DATE:  This act shall take effect on the thirtieth  day  after
it shall have become a law.

2009-A10998 (ACTIVE) - Bill Text download pdf

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

                                  10998

                          I N  A S S E M B L Y

                               May 6, 2010
                               ___________

Introduced  by M. of A. TEDISCO -- read once and referred to the Commit-
  tee on Agriculture

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:

  Section 1. The agriculture and markets law is amended by adding a  new
section 352 to read as follows:
  S  352.  ANIMAL  CRUELTY  REGISTER.  ANY  PERSON WHO IS CONVICTED OF A
VIOLATION  OF  SECTION  THREE  HUNDRED  FIFTY-ONE   OR   THREE   HUNDRED
FIFTY-THREE-A  OF  THIS ARTICLE SHALL REGISTER WITH THE DEPARTMENT. SUCH
REGISTRATION SHALL BE MADE IN A MANNER AND FORM TO BE DETERMINED BY  THE
DEPARTMENT,  AND  SHALL  INCLUDE,  AT A MINIMUM, THE NAME AND ADDRESS OF
SUCH REGISTRANT. THE DEPARTMENT SHALL MAINTAIN REGISTRATION  INFORMATION
RECEIVED  PURSUANT TO THIS SECTION IN A REGISTRY. SUCH REGISTRY SHALL BE
IN PRINT AND IN ELECTRONIC FORM  AND  SHALL  BE  AVAILABLE  TO  ALL  LAW
ENFORCEMENT ENTITIES, DISTRICT ATTORNEYS, DULY INCORPORATED HUMANE SOCI-
ETIES,  SOCIETIES  FOR  THE PREVENTION OF CRUELTY TO ANIMALS, DOG OR CAT
PROTECTIVE ASSOCIATIONS, ANIMAL CONTROL OFFICERS,  BREEDERS  OF  ANIMALS
AND  PET  STORES  DOING  BUSINESS IN THIS STATE.  ANY PERSON REQUIRED TO
REGISTER PURSUANT TO THIS SECTION SHALL REGISTER ANNUALLY, OR EACH  TIME
SUCH  PERSON MOVES TO A NEW ADDRESS AND SHALL CONTINUE TO REGISTER UNTIL
SUCH PERSON RECEIVES A COURT ORDER ORDERING SUCH REGISTRATION TO  CEASE.
NO  SUCH  ORDER  SHALL BE ISSUED UNTIL SUCH PERSON FIRST DEMONSTRATES TO
THE COURT THAT HE OR SHE  HAS  UNDERGONE  PSYCHIATRIC  OR  PSYCHOLOGICAL
TESTING,  THE RESULTS OF WHICH INDICATE BY CLEAR AND CONVINCING EVIDENCE
HIS OR HER CAPABLE AND SOUND MENTAL CAPACITY  AND  ABILITY  TO  OWN  AND
PROPERLY  CARE  FOR AN ANIMAL IN A HUMANE MANNER. ANY PERSON REQUIRED TO
REGISTER PURSUANT TO THIS SECTION SHALL NOT OWN A  COMPANION  ANIMAL  OR
HAVE  EMPLOYMENT  AT  AN  ANIMAL SHELTER, POUND, PET STORE, ZOO OR OTHER
BUSINESS ESTABLISHMENT WHERE COMPANION ANIMALS ARE PRESENT.  ANY  PERSON
WHO  IS  CONVICTED  OF A VIOLATION OF SECTION THREE HUNDRED FIFTY-ONE OR
THREE HUNDRED FIFTY-THREE-A OF THIS ARTICLE SHALL, IN  ADDITION  TO  ANY
OTHER PENALTY OR TERM OF IMPRISONMENT AUTHORIZED BY LAW, BE SUBJECT TO A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD16627-02-0

A. 10998                            2

MANDATORY  SURCHARGE  OF  FIFTY  DOLLARS  WHICH SHALL BE USED TO PAY FOR
COSTS AND EXPENSES ASSOCIATED  WITH  ESTABLISHING  AND  MAINTAINING  THE
REGISTRY REQUIRED BY THIS SECTION.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.