S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3985
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2021
                                ___________
 
 Introduced  by  M.  of  A.  M. MILLER  --  read once and referred to the
   Committee on Children and Families
 
 AN ACT to amend the agriculture and markets law, in relation to enacting
   "Bella's Law"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Short  title. This act shall be known and may be cited as
 "Bella's Law".
   § 2. Legislative intent. The  legislature  hereby  finds  that  animal
 cruelty  is  a  serious  problem and that individuals who harm and abuse
 animals are statistically more likely to engage in domestic violence and
 child abuse than individuals who do not harm and abuse animals. A strong
 correlation has been established linking individuals who  abuse  animals
 with  incidents of domestic violence. Therefore, the purpose of this law
 is to establish a requirement that the state of New York office of chil-
 dren and family services must investigate any individual who is  accused
 of or investigated for animal cruelty to ensure that there is no associ-
 ated  domestic  or  family  violence and that law enforcement notify and
 coordinate with the office of children and  family  services  in  animal
 cruelty investigations and arrests.
   §  3.  The  agriculture  and  markets  law  is amended by adding a new
 section 353-aa to read as follows:
   § 353-AA. ANIMAL ABUSE ACCUSAL REQUIRING A DOMESTIC VIOLENCE AND ABUSE
 INVESTIGATION. 1. DEFINITIONS. AS USED IN THIS  SECTION,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "ANIMAL"  SHALL MEAN ANY LIVE MAMMAL, BIRD, OR REPTILE, BUT SHALL
 NOT INCLUDE FEEDER ANIMALS.
   (B) "COMPANION ANIMAL" SHALL MEAN ANY DOG OR CAT, AND SHALL ALSO  MEAN
 ANY  OTHER DOMESTICATED ANIMAL NORMALLY MAINTAINED IN OR NEAR THE HOUSE-
 HOLD OF THE OWNER OR  PERSON  WHO  CARES  FOR  SUCH  OTHER  DOMESTICATED
 ANIMAL.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08669-01-1

 A. 3985                             2
 
   (C)  "ANIMAL  ABUSE  CRIME" SHALL MEAN THE COMMISSION OF THE FOLLOWING
 ENUMERATED CRIMES AGAINST AN ANIMAL:
   (1)  ANIMAL FIGHTING, AS DEFINED IN SECTION THREE HUNDRED FIFTY-ONE OF
 THIS ARTICLE;
   (2) OVERDRIVING, TORTURING, AND INJURING ANIMALS; FAILURE  TO  PROVIDE
 PROPER  SUSTENANCE,  AS  DEFINED IN SECTION THREE HUNDRED FIFTY-THREE OF
 THIS ARTICLE;
   (3) AGGRAVATED CRUELTY TO ANIMALS, AS DEFINED IN SECTION THREE HUNDRED
 FIFTY-THREE-A OF THIS ARTICLE;
   (4) ELECTROCUTION OF FUR-BEARING ANIMALS, AS DEFINED IN SECTION  THREE
 HUNDRED FIFTY-THREE-C OF THIS ARTICLE
   (5)  ABANDONMENT  OF  ANIMALS,  AS  DEFINED  IN  SECTION THREE HUNDRED
 FIFTY-FIVE OF THIS ARTICLE;
   (6) FAILURE TO PROVIDE PROPER FOOD AND DRINK TO AN  IMPOUNDED  ANIMAL,
 AS DEFINED IN SECTION THREE HUNDRED FIFTY-SIX OF THIS ARTICLE;
   (7)  CARRYING  ANIMAL  IN  A CRUEL MANNER, AS DEFINED IN SECTION THREE
 HUNDRED FIFTY-NINE OF THIS ARTICLE;
   (8) POISONING OR ATTEMPTING TO POISON ANIMALS, AS DEFINED  IN  SECTION
 THREE HUNDRED SIXTY OF THIS ARTICLE;
   (9)  INTERFERENCE  WITH  OR  INJURY  TO  CERTAIN  DOMESTIC ANIMALS, AS
 DEFINED IN SECTION THREE HUNDRED SIXTY-ONE OF THIS ARTICLE;
   (10) SEXUAL MISCONDUCT WITH AN ANIMAL, AS DEFINED IN SUBDIVISION THREE
 OF SECTION 130.20 OF THE PENAL LAW;
   (11) HARMING AN ANIMAL TRAINED TO AID A PERSON WITH  A  DISABILITY  IN
 THE FIRST DEGREE, AS DEFINED IN SECTION 195.12 OF THE PENAL LAW;
   (12)  HARMING  A  SERVICE  ANIMAL  IN  THE FIRST DEGREE, AS DEFINED IN
 SECTION 242.15 OF THE PENAL LAW;
   (13) HARMING A SERVICE ANIMAL IN THE  SECOND  DEGREE,  AS  DEFINED  IN
 SECTION 242.10 OF THE PENAL LAW; OR
   (14)  AN  OFFENSE  IN  ANY  OTHER  JURISDICTION WHICH INCLUDES ALL THE
 ESSENTIAL ELEMENTS OF ANY SUCH CRIME PROVIDED FOR IN THIS SUBDIVISION.
   (D) "ACCUSED" SHALL MEAN A FORMAL ACCUSATION OF AN ANIMAL ABUSE  CRIME
 COMMENCED BY THE FILING OF AN INFORMATION, COMPLAINT, OR INDICTMENT WITH
 A COURT OF COMPETENT JURISDICTION.
   (E)  "INVESTIGATED" SHALL MEAN A REASONABLE SUSPICION THAT AN INDIVID-
 UAL IS ENGAGING IN AN ANIMAL ABUSE CRIME THAT HAS COMMENCED AN  INVESTI-
 GATION  INTO  SUCH CONDUCT BY A LAW ENFORCEMENT AGENCY WITH JURISDICTION
 COVERING THE STATE OF NEW YORK.
   (F) "DOMESTIC INCIDENT REPORT" SHALL MEAN A STATE OF NEW YORK DIVISION
 OF CRIMINAL JUSTICE SERVICES FORM THREE THOUSAND TWO HUNDRED TWENTY-ONE,
 AS ESTABLISHED BY THE "FAMILY PROTECTION AND  DOMESTIC  VIOLENCE  INTER-
 VENTION ACT OF 1994".
   2.  DUTY  TO  INVESTIGATE.  (A)  UPON NOTIFICATION OF AN ACCUSATION OR
 INVESTIGATION OF AN ANIMAL ABUSE CRIME, THE OFFICE OF CHILDREN AND FAMI-
 LY SERVICES SHALL PROMPTLY LOG AND INVESTIGATE THE INDIVIDUAL  THAT  HAS
 BEEN ACCUSED OR IS BEING INVESTIGATED. THE OFFICE OF CHILDREN AND FAMILY
 SERVICES  SHALL, WHERE PRACTICABLE, REASONABLE, AND NOT IN CONTRAVENTION
 OF LAW, COORDINATE SUCH INVESTIGATION WITH AND COMMUNICATE  ANY  RESULTS
 TO THE REFERRING OR PROSECUTING AGENCY.
   (B) SUCH INVESTIGATION SHALL DETERMINE WHETHER THE ACCUSED OR INVESTI-
 GATED PARTY HAS ANY ASSOCIATED FAMILY OR DOMESTIC VIOLENCE.
   3.  SHARING OF INFORMATION. (A) WHERE PRACTICABLE, REASONABLE, AND NOT
 IN CONTRAVENTION OF LAW, THE OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES
 SHALL  BE  NOTIFIED BY LAW ENFORCEMENT OF INVESTIGATIONS AND ACCUSATIONS
 OF ANIMAL ABUSE CRIMES WHERE SUCH INVESTIGATIONS OR ACCUSATIONS ARISE IN
 CONNECTION IN SUCH LAW ENFORCEMENT'S PROFESSIONAL OR OFFICIAL  CAPACITY.

 A. 3985                             3
 
 NOTHING HEREIN SHALL MANDATE SUCH REPORTING: (I) WHERE IT WOULD JEOPARD-
 IZE  AN  ONGOING  INVESTIGATION OR THE PERSONAL SAFETY OF AN INDIVIDUAL;
 (II) IN CIRCUMSTANCES WHERE IT IS CLEAR THAT THE ACCUSED OR INVESTIGATED
 INDIVIDUAL  HAS NO FAMILY MEMBERS AND NO NEED FOR PERSONAL SERVICES FROM
 THE OFFICE OF CHILDREN AND FAMILY SERVICES; OR (III) WHERE  THE  PARTIC-
 ULAR  INVESTIGATION  OR  ACCUSATION  WAS  PREVIOUSLY  REPORTED. SUCH LAW
 ENFORCEMENT MEMBERS SHALL DOCUMENT RESPONSE, INVESTIGATION, AND  ACTIONS
 TAKEN  IN  KEEPING WITH THIS MANDATE, INCLUDING, WHERE APPROPRIATE, ON A
 DOMESTIC INCIDENT REPORT.
   (B) A DOMESTIC INCIDENT REPORT SHALL BE PREPARED IN EVERY INSTANCE  OF
 ABUSE OR THREATENED ABUSE AGAINST THE COMPANION ANIMAL OF ANOTHER FAMILY
 MEMBER,  EVEN  IF INVESTIGATION OF THE INCIDENT REVEALS THAT NO CRIME OR
 OFFENSE WAS COMMITTED.
   4. APPLICABILITY. THIS LAW SHALL  APPLY  TO  ALL  PERSONS  ACCUSED  OR
 INVESTIGATED  OF  ANIMAL  ABUSE CRIMES ON OR AFTER THE EFFECTIVE DATE OF
 THIS SECTION.
   5. SEVERABILITY. IF  ANY  CLAUSE,  SENTENCE,  PARAGRAPH,  SUBDIVISION,
 SECTION,  OR  PART OF THIS LAW TO THE APPLICATION THEREOF TO ANY PERSON,
 INDIVIDUAL, CORPORATION, FIRM, PARTNERSHIP, ENTITY OR CIRCUMSTANCE SHALL
 BE ADJUDGED BY ANY COURT OF COMPETENT  JURISDICTION  TO  BE  INVALID  OR
 UNCONSTITUTIONAL,  SUCH  ORDER  OR  JUDGMENT SHALL NOT AFFECT, IMPAIR OR
 INVALIDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERATION
 TO THE CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION, SECTION OR PART OF THIS
 LAW OR IN ITS APPLICATION TO THE PERSON, INDIVIDUAL, CORPORATION,  FIRM,
 PARTNERSHIP  ENTITY OR CIRCUMSTANCE DIRECTLY INVOLVED IN THE CONTROVERSY
 IN WHICH AN ORDER OR JUDGMENT SHALL BE RENDERED.
   § 4. This act shall take effect immediately.