senate Bill S5084

Prohibits a person convicted of violating "Buster's Law" from owning or possessing a companion animal

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Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 03 / May / 2011
    • REFERRED TO AGRICULTURE
  • 06 / Jun / 2011
    • 1ST REPORT CAL.1013
  • 07 / Jun / 2011
    • 2ND REPORT CAL.
  • 13 / Jun / 2011
    • ADVANCED TO THIRD READING
  • 24 / Jun / 2011
    • COMMITTED TO RULES
  • 04 / Jan / 2012
    • REFERRED TO AGRICULTURE
  • 01 / May / 2012
    • 1ST REPORT CAL.632
  • 02 / May / 2012
    • 2ND REPORT CAL.
  • 07 / May / 2012
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2012
    • COMMITTED TO RULES

Summary

Prohibits a person convicted of "Buster's Law" from owning or possessing a companion animal unless authorized by court order, after appropriate psychiatric or psychological testing.

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Bill Details

See Assembly Version of this Bill:
A1580
Versions:
S5084
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd ยง353-a, Ag & Mkts L
Versions Introduced in Previous Legislative Cycles:
2009-2010: A10283, A10283
2007-2008: A4828, A4828

Votes

9
0
9
Aye
0
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
show Agriculture committee vote details

Sponsor Memo

BILL NUMBER:S5084

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:
To toughen penalties to prevent and punish the crime of animal cruelty.

SUMMARY OF PROVISIONS:
Amends section 353-a of the Ag & Markets Law to provide that no person
convicted of a violation of "Buster's Lawn shall own or possess a
companion animal, unless or until authorized by a Judge of the county
court in the county of such person's residence. Further provides that no
county court order shall issue unless the convicted person demonstrates
that he/she has
evaluation and that the results of such evaluation indicate clearly and
convincingly that such person is of sound mind and possess the capacity
and ability to properly care for such animal.

JUSTIFICATION:
Persons convicted of animal cruelty are often repeat offenders unless
they receive proper psychiatric or Psychological evaluation and
treatment. Studies have shown that animal abusers often advance to
commit crimes against humans. This act is intended to prevent additional
instances of animal abuse, cruelty and neglect.

LEGISLATIVE HISTORY:
2010: A.10283; Referred to Agriculture
2008: A.4828; Referred to Agriculture
2007: A.4828; Referred to Agriculture
2006: A.2694; Held for consideration in Agriculture
2005: A.2694; Referred to Agriculture
2004: A.2303; Held-for consideration in Agriculture
2003: A.2303; Referred to Agriculture
2002: A.4861; Held for consideration in Agriculture
2001: A.2303; Referred to Agriculture
2000: A.10285; Referred to Agriculture

FISCAL IMPLICATIONS:
No new fiscal impact

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

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5084

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

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

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"

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 353-a of the agriculture and markets law is amended
by adding a new subdivision 4 to read as follows:
  4. ON AND AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, NO PERSON  WHO
IS  CONVICTED  OF  A  VIOLATION  OF  THIS SECTION SHALL OWN OR POSSESS A
COMPANION 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  AND  SOUND MENTAL CAPACITY AND ABILITY TO OWN AND PROPERLY
CARE FOR SUCH AN ANIMAL IN A HUMANE MANNER.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01476-01-1

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