BILL NUMBER: S1528

SPONSOR: TEDISCO
 
TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to estab-
lishing 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 pursu-
ant to this section in a registry. Such registry shall be in print and
in electronic form and shall be available to all law enforcement enti-
ties, district attorneys, duly incorporated humane societies, societies
for the prevention of cruelty to animals, dog or cat protective associ-
ations, 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 pursu-
ant to this section shall not own a companion animal or have employment
at an animal shelter, pound, pet store, zoo or other business establish-
ment 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 require 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.

 
JUSTIFICATION:

Unfortunately, animal abuse is a prevalent problem in our society. As
there are laws to protect children and the elderly from abuse, it is
important to extend this means of protection to animals as well. 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:

01/30/15: S.2935 REFERRED TO AGRICULTURE
04/22/15: S.2935 REPORTED AND COMMITTED TO FINANCE
05/27/15: S.2935 1ST REPORT CAL.906
05/28/15: S.2935 2ND REPORT CAL.
06/01/15: S.2935 ADVANCED TO THIRD READING
06/25/15: S.2935 COMMITTED TO RULES
01/06/16: S.2935 REFERRED TO AGRICULTURE
05/10/16: S.2935 REPORTED AND COMMITTED TO FINANCE
02/07/17: S.4273 REFERRED TO AGRICULTURE
01/03/18: S.4273 REFERRED TO AGRICULTURE
06/05/18: S.4273 REPORTED AND COMMITTED TO RULES
01/15/19: S.1526 REFERRED TO AGRICULTURE
01/08/20: S.1526 REFERRED TO AGRICULTURE

 
FISCAL IMPLICATIONS:

Minimal

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