S T A T E O F N E W Y O R K
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.