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

                                  4515

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2013
                               ___________

Introduced  by  M.  of A. TEDISCO, MALLIOTAKIS, KATZ, BUTLER, McDONOUGH,
  GIGLIO, TENNEY, McLAUGHLIN, STEVENSON, MILLER, COLTON,  RIVERA,  JOHNS
  --  Multi-Sponsored  by  --  M.  of  A. BROOK-KRASNY, CERETTO, CROUCH,
  FINCH, KOLB, MAGEE, PALMESANO, RABBITT, RAIA,  THIELE,  WEISENBERG  --
  read once and referred to the Committee on Agriculture

AN ACT to amend the agriculture and markets law, in relation to limiting
  the  ownership or possession of companion animals by persons convicted
  of violating "Buster's Law"; and in relation to horses

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 353-a of the agriculture and markets law is amended
by adding a new subdivision 4 to read as follows:
  4.  ON AND AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, NO PERSON WHO
IS CONVICTED OF A VIOLATION OF THIS  SECTION  SHALL  OWN  OR  POSSESS  A
COMPANION  ANIMAL UNLESS AND UNTIL AUTHORIZED BY A COURT ORDER ISSUED BY
A COUNTY COURT JUDGE OF HIS OR HER COUNTY OF RESIDENCE.  NO  SUCH  ORDER
SHALL  BE  ISSUED  UNTIL SUCH CONVICTED 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 OF HIS OR
HER CAPABLE AND SOUND MENTAL CAPACITY AND ABILITY TO  OWN  AND  PROPERLY
CARE FOR SUCH AN ANIMAL IN A HUMANE MANNER.
  S  2. Subdivision 4 of section 350 of the agriculture and markets law,
as added by chapter 569 of the laws of  1995,  is  amended  to  read  as
follows:
  4.  "Farm  animal", as used in this article, means any ungulate, poul-
try, species of cattle, sheep, swine, goats, llamas[,  horses]  or  fur-
bearing  animals,  as  defined  in  section 11-1907 of the environmental
conservation  law,  which  are  raised  for  commercial  or  subsistence
purposes. Fur-bearing animal shall not include dogs or cats.
  S  3.    Section  350 of the agriculture and markets law is amended by
adding a new subdivision 6 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07459-01-3
              

A. 4515                             2

  6. "EQUINE COMPANION", AS USED IN THIS ARTICLE,  MEANS  ANY  HORSE  SO
USED  FOR  RECREATIONAL  PURSUITS, INCLUDING BUT NOT LIMITED TO: RACING,
JUMPING, SHOWING, REHABILITATIVE PURPOSES OR  OTHERWISE  TREATED  IN  AN
OPEN  AND  KNOWN  FASHION AS A "COMPANION ANIMAL" OR "PET" AS DEFINED IN
SUBDIVISION FIVE OF THIS SECTION.
  S  4.  This  act shall take effect on the thirtieth day after it shall
have become a law.