S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5156
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 25, 2021
                                ___________
 
 Introduced  by  Sen.  BROOKS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 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.
   §  2.  The  executive  law is amended by adding a new section 837-w to
 read as follows:
   § 837-W. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01071-01-1

 S. 5156                             2
 
 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.
   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.
   § 3. This act shall take effect twelve  months  after  it  shall  have
 become  a  law.  Effective immediately, the division of criminal justice
 services is authorized to promulgate rules and regulations as  it  deems
 necessary  to  effectuate  the  purposes  of this act, on or before such
 effective date.