senate Bill S2305

Amended

Requires each violator of "Buster's Law" to register his or her name and address with the division of criminal justice services

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Sponsor

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

  • 15 / Jan / 2013
    • REFERRED TO AGRICULTURE
  • 12 / Mar / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 05 / Apr / 2013
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 05 / Apr / 2013
    • PRINT NUMBER 2305A
  • 17 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 17 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1375
  • 17 / Jun / 2013
    • PASSED SENATE
  • 17 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 17 / Jun / 2013
    • REFERRED TO AGRICULTURE
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO AGRICULTURE
  • 11 / Feb / 2014
    • REPORTED AND COMMITTED TO FINANCE
  • 18 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 18 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1505
  • 18 / Jun / 2014
    • PASSED SENATE
  • 18 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 18 / Jun / 2014
    • REFERRED TO AGRICULTURE

Summary

Requires each violator of "Buster's Law" to register his or her name and address with the division of criminal justice services.

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Bill Details

See Assembly Version of this Bill:
A4516
Versions:
S2305
S2305A
Legislative Cycle:
2013-2014
Current Committee:
Assembly Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Add ยง352, Ag & Mkts L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S3804A, A1506A
2009-2010: A10998, A10998

Votes

7
1
7
Aye
1
Nay
3
aye with reservations
0
absent
0
excused
0
abstained
show Agriculture committee vote details

Sponsor Memo

BILL NUMBER:S2305

TITLE OF BILL: An act to amend the agriculture and markets law, in
relation to establishing a 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 pursuant to this section in a registry. Such
registry 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 or cat protective associations, 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 pursuant to this
section shall not own a companion animal or have employment at an
animal shelter, pound, pet store, zoo or other business establishment
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 required 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.

Section two - states that this act shall take effect on the thirtieth
day after it shall become law.

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: New Bill.

FISCAL IMPLICATIONS: None.

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

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

                                  2305

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 15, 2013
                               ___________

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  estab-
  lishing a registry for 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. The agriculture and markets law is amended by adding a  new
section 352 to read as follows:
  S  352.  ANIMAL  CRUELTY REGISTER. 1. ANY PERSON WHO IS CONVICTED OF A
VIOLATION  OF  SECTION  THREE  HUNDRED  FIFTY-ONE   OR   THREE   HUNDRED
FIFTY-THREE-A OF THIS ARTICLE SHALL REGISTER WITH THE DIVISION OF CRIMI-
NAL  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  A MINIMUM, THE NAME AND ADDRESS OF SUCH REGISTRANT.
THE DIVISION OF CRIMINAL JUSTICE SERVICES  SHALL  MAINTAIN  REGISTRATION
INFORMATION RECEIVED PURSUANT TO THIS SECTION IN A REGISTRY. SUCH REGIS-
TRY  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 OR CAT PROTECTIVE ASSOCIATIONS, ANIMAL CONTROL OFFICERS, BREEDERS OF
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 REGIS-
TRATION 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  PURSUANT TO THIS SECTION SHALL NOT OWN A
COMPANION ANIMAL OR HAVE EMPLOYMENT AT AN  ANIMAL  SHELTER,  POUND,  PET

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05780-01-3

S. 2305                             2

STORE,  ZOO  OR OTHER BUSINESS ESTABLISHMENT WHERE COMPANION ANIMALS ARE
PRESENT. ANY PERSON WHO IS CONVICTED OF A  VIOLATION  OF  SECTION  THREE
HUNDRED  FIFTY-ONE OR THREE HUNDRED FIFTY-THREE-A OF THIS ARTICLE SHALL,
IN  ADDITION  TO ANY OTHER PENALTY OR TERM OF IMPRISONMENT AUTHORIZED BY
LAW, BE SUBJECT TO A MANDATORY ANNUAL SURCHARGE OF FIFTY  DOLLARS  WHICH
SHALL BE USED TO PAY FOR COSTS AND EXPENSES ASSOCIATED WITH ESTABLISHING
AND MAINTAINING THE REGISTRY REQUIRED BY THIS SECTION.
  2.  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.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.

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