BILL NUMBER: S294

SPONSOR: TEDISCO
 
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 OR GENERAL IDEA OF BILL:

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 Cruel-
ty to Animals.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Section 353-a of Agriculture and Markets Law is amended by
adding a new subdivision 4 to read as follows:

              

4.0n and after the effective date of subdivision, no person who is
convicted of a violation of this section shall own or possess a compan-
ion animal unless and until authorized by a court order issued by a
county court judge of his or her county of residence. No such order
shall be issued until such convicted 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 of his or
her capable n sound mental capacity and ability to own and properly care
for such an animal in a humane manner.

 
JUSTIFICATION:

Animal cruelty is viewed by experts as an indicator for future violence
against humans. Since his 1997 arrest that led to "Buster's Law," Ches-
ter 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 while ensuring acts
are not permitted to go on to harm another that those who commit these
horrific acts are not permitted to go on to harm another companion
animal.

 
PRIOR LEGISLATIVE HISTORY:

02/02/15: S.3030 REFERRED TO AGRICULTURE

04/22/15: S.3030 1ST REPORT CAL.368

04/27/15: S.3030 ADVANCED TO THIRD READING 06/25/15: S.3030 committed to
rules

01/06/16: S.3030 REFERRED TO AGRICULTURE

01/13/17: S.2501 REFERRED TO AGRICULTURE

05/16/17: S.25011ST REPORT CAL.936

05/17/17: S.25012ND REPORT CAL.

05/22/17: S.2501 ADVANCED TO THIRD READING

06/06/17: S.2501 PASSED SENATE

06/06/17: S.2501 DELIVERED TO ASSEMBLY

06/06/17: S.2501 referred to agriculture

01/03/18: S.2501 died in assembly

01/03/18: S.2501 returned to senate

01/03/18: S.2501 REFERRED TO AGRICULTURE

06/05/18: S.2501 REPORTED AND COMMITTED TO RULES

06/05/18: S.2501 COMMITTEE DISCHARGED AND COMMITTED TO RULES

06/06/18: S.2501 ORDERED TO THIRD READING CAL.1537

06/06/18: S.2501 PASSED SENATE

06/06/18: S.2501 DELIVERED TO ASSEMBLY

06/06/18: S.2501 referred to agriculture

01/18/19: S.2007 REFERRED TO DOMESTIC ANIMAL WELFARE

01/08/20: S.2007 REFERRED TO DOMESTIC ANIMAL WELFARE

01/08/21: S.1257 REFERRED TO AGRICULTURE

01/05/22: S.1257 REFERRED TO AGRICULTURE

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

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