BILL NUMBER:S3030

TITLE OF BILL:  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"

PURPOSE:

To increase penalties (maximum prison sentences and maximum fines) for
engaging in animal fighting and committing the crime of Aggravated
Cruelty to Animals (aka Buster's Law) and require psychiatric
evaluation/treatment for those committing the crime of Aggravated
Cruelty to Animals.

SUMMARY OF PROVISIONS:

Section One amends section 353-a of the Agriculture & Markets Law to
provide that no person convicted of a violation of "Buster's Law"
shall own or possess a companion animal, unless or until authorized by
a Judge of the county court in the county of such person's residence.
This section further provides that no county court order shall issue
unless the convicted person demonstrates that he/she has been
evaluated and that the results of such evaluation indicate clearly and
convincingly that such person is of sound mind and possess the
capacity and ability to properly care for such animal.

              

Section 2 sets the effective date.

JUSTIFICATION:

The media fury that surrounded Michael Vick's dog fighting case
including allegations that he brutally executed dogs not considered
vicious or aggressive has focused attention on the gruesome world of
animal fighting.

According to the U.S. Humane Society, dog fighting is illegal in all
50 states and the District of Columbia. Forty-eight states and the
District of Columbia have made dog fighting a felony offense; 47
states prohibit the possession of dogs for fighting and 46 states
prohibit being a spectator at a dog fight. In July 2007, the Humane
Society ranked New York State 44th among states in the severity of its
dog fighting laws. While the state considers dog fighting a felony,
being a spectator (having paid an admission or made a bet) at these
fights or owning or possessing a dog with the intent to use it in a
dogfight are only misdemeanors. This bill would create felony
penalties for these acts, significantly increasing both applicable
prison terms and fines, to provide more meaningful deterrents against
this blood sport.

The maximum prison term for the crime of Aggravated Cruelty to Animals
(aka Buster's Law), the intentional killing or intentionally causing
serious physical injury to a companion animal with animal cruelty is
only two years and/or a $5,000 fine. Animal cruelty is viewed by
experts as an indicator for future violence against humans. This bill
would increase the maximum prison sentence to four years and maximum
fine to $10,000, making the punishment more fitting of the crime.


Animal cruelty is viewed by experts as an indicator for future
violence against humans. Since his 1997 arrest that led to "Buster's
Law," Chester Williamson has been imprisoned numerous times for crimes
including possession of stolen property and attempted burglary. In
Fall 2007, his criminal path took a predictable turn with his arrest
for attempted rape, sexual abuse and unlawful imprisonment of a
12-year-old girl. Requiring early intervention in the form of
psychiatric evaluation and treatment would be another tool in the
attempt to modify behavior patterns to halt this pattern for
escalating abuse.

LEGISLATIVE HISTORY:

S.2566 (2014)
S.5084 (2012)

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

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