S T A T E   O F   N E W   Y O R K
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                                  6812

                            I N  S E N A T E

                            February 24, 2016
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

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:

  Section 1. Legislative findings. Studies in psychology, sociology  and
criminology  have  demonstrated  that  violent offenders frequently have
childhood and adolescent histories of serious and repeated animal cruel-
ty. The Federal Bureau of Investigation has recognized  this  connection
since  the  1970s  when  its  analysis  of  the  lives of serial killers
suggested that most had killed or tortured animals  during  their  life.
Other  research  has  shown  consistent patterns of animal cruelty among
perpetrators of more common forms of violence,  including  child  abuse,
spouse  abuse, and elder abuse, leading the American Psychiatric Associ-
ation to consider animal cruelty as one of the  diagnostic  criteria  of
conduct disorder.
  S  2.  The  executive  law is amended by adding a new section 837-s to
read as follows:
  S 837-S. ANIMAL CRUELTY DATABASE.  1. THE DIVISION SHALL ESTABLISH AND
MAINTAIN A CRIME DATABASE OF ALL CONVICTIONS IN NEW YORK STATE OF ANIMAL
CRUELTY,  ANIMAL  FIGHTING,  ANIMAL  NEGLECT,  ANIMAL  ABANDONMENT,  AND
MISTREATMENT  OF ANIMALS AS SET FORTH IN ARTICLE TWENTY-SIX OF THE AGRI-
CULTURE AND MARKETS LAW AND THE PENAL LAW  WHERE  DATA  OF  SUCH  CRIMES
SHALL  BE  COLLECTED AND DISPLAYED IN A MANNER THAT FACILITATES ANALYSIS
AND THE  PROTECTION  OF  ANIMALS.  FOR  THE  PURPOSE  OF  THIS  SECTION,
CONVICTIONS  SHALL  ALSO  INCLUDE  PLEAS  TO  A CHARGE OTHER THAN ANIMAL
CRUELTY,  ANIMAL  FIGHTING,  ANIMAL  NEGLECT,  ANIMAL  ABANDONMENT,  AND
MISTREATMENT  OF ANIMALS AS SET FORTH IN ARTICLE TWENTY-SIX OF THE AGRI-
CULTURE AND MARKETS LAW AND THE PENAL LAW IN SATISFACTION OF THE  ANIMAL
CRUELTY,  ANIMAL  FIGHTING,  ANIMAL NEGLECT, ANIMAL ABANDONMENT OR OTHER
ANIMAL MISTREATMENT CHARGE OR WHERE THE ANIMAL CRUELTY, ANIMAL FIGHTING,
ANIMAL NEGLECT, ANIMAL ABANDONMENT OR OTHER ANIMAL  MISTREATMENT  CHARGE
HAS NOT RESULTED IN A DISMISSAL ON THE MERITS.

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

                                                           LBD03929-01-5

S. 6812                             2

  2. SUCH CRIME DATABASE SHALL INCLUDE, BUT NOT BE LIMITED TO, NAMES AND
AGES  OF  PERSONS EIGHTEEN YEARS OF AGE OR OLDER WHO HAVE BEEN CONVICTED
OF ANIMAL CRUELTY, ANIMAL FIGHTING, ANIMAL NEGLECT,  ANIMAL  ABANDONMENT
AND OTHER LAWS PERTAINING TO THE MISTREATMENT OF ANIMALS AS SET FORTH IN
ARTICLE TWENTY-SIX OF THE AGRICULTURE AND MARKETS LAW AND THE PENAL LAW,
THE  SPECIFIC  ACTS  OF ANIMAL CRUELTY, ANIMAL FIGHTING, ANIMAL NEGLECT,
ANIMAL ABANDONMENT OR THE MISTREATMENT OF ANIMALS THAT WERE THE BASIS OF
THE CONVICTION, THE DATE OR DATES THE ACTS TOOK PLACE,  AND  THE  COUNTY
WHERE SUCH ACTS TOOK PLACE.
  3.  THE  CRIME  DATABASE  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  AND  CAT  PROTECTIVE  ASSOCIATIONS  AND  ANIMAL
CONTROL OFFICERS.
  4.  NOTHING  IN  THIS  SECTION SHALL BE CONSTRUED TO LIMIT OR RESTRICT
MUNICIPALITIES FROM ENACTING OR ENFORCING LOCAL LAWS, RULES, REGULATIONS
OR ORDINANCES ESTABLISHING AND MAINTAINING AN ANIMAL ABUSE  REGISTRY  OR
DATABASE  OR OTHER MEANS OF TRACKING OR IDENTIFYING PERSONS CHARGED WITH
VIOLATING ANIMAL ABUSE LAWS.
  S 3. This act shall take effect twelve  months  after  it  shall  have
become  a  law; provided, however, that effective immediately, the divi-
sion 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.