BILL NUMBER:S2305A       REVISED MEMO 06/18/2014

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

PURPOSE:

To require each violator of "Buster's Law" to register his or her name
and address with the division of criminal justice services.

SUMMARY OF PROVISIONS:

Section one - amend the agriculture and markets law by adding a new
section 352 to read as follows: Animal cruelty register. Any person
who is convicted of a violation of section 351 or three 353a of this
article shall register with the department of criminal justice
services. Such registration shall be made in a manner and form to be
determined by the division of criminal justice services, and shall
include, at minimum, the name and address of such registrant. The
division of criminal justice services 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 societies, societies for the prevention of cruelty
to animals, dog or cat protective associations, animal control
              

officers, breeders or 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 351 or 353a of this article shall, in addition to
any other penalty or term of imprisonment authorized by law, be
subject to a mandatory surcharge of fifty dollars which shall be used
to pay for the costs and expenses associated with establishing and
maintaining the registry required by this section.

Section one - also states the provisions of this section shall apply
to all municipalities, including cities having a population of one
million or more, and shall supersede any local law, rule, regulation,
code or ordinance regulating the establishment, implementation and
enforcement of an animal cruelty or abuser registry.

Section two - states that this act shall take effect on the thirtieth
day after it shall become law.

JUSTIFICATION:


Just like the laws that are currently in place to protect children and
the elderly, laws should be put in place to protect our animals. Much
like Megan's Law was designed to prevent sex offenders from repeating
crimes against children, this legislation will serve to prevent animal
abusers from committing repeat offenses, The animal abusers registry
will contain the names and addresses of persons convicted of violating
Buster's Law in New York State. By maintaining the registry with
current information and providing easy accessibility to the public,
those involved in the sale or adoption of animals can refer to the
registry before allowing an individual to take ownership of an animal.
Abuse of animals has also proven to be a gateway to acts of domestic
violence. This bill would not only provide increased protection to
animals, but would also establish an organized registry of persons who
may be more inclined to inflict violent behavior on a human.

LEGISLATIVE HISTORY:

2013: A.4516; referred to agriculture
2012: A.1506-a; print number 1506a
2012; A.1506; amend and recommit to agriculture
2012; A.1506; held for consideration in agriculture
2012: A.1506; referred to agriculture
2011: A.1506; referred to agriculture

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the thirtieth day after it shall become
law.