senate Bill S6401

Relates to the creation of an animal cruelty and animal fighting database

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Sponsor

O'BRIEN

Bill Status


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

  • 21 / Jan / 2014
    • REFERRED TO FINANCE

Summary

Relates to the creation of an animal cruelty and animal fighting database; researches purposes; makes such database 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 and animal control officers.

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Bill Details

Versions:
S6401
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Add ยง837-s, Exec L
Versions Introduced in Previous Legislative Cycles:
2013-2014: S2987
2011-2012: S3971
2009-2010: S8433

Sponsor Memo

BILL NUMBER:S6401

TITLE OF BILL: An act to amend the executive law, in relation to the
creation of an animal cruelty and animal fighting database

PURPOSE OF BILL:

The purpose of this bill is to require the establishment and
maintenance of a database for the collection and analysis of
information relating to crimes against animals. The information
contained in this database would be available to various law
enforcement and humanitarian agencies.

SUMMARY OF PROVISIONS:

Section one explains how studies have demonstrated that violent
offenders often have histories of repeated animal cruelty.

Section two amends the executive law by adding section 837-s which
stipulates that the division shall establish and maintain a crime
database on all crimes of animal cruelty and fighting in New York
State. Data must be collected and displayed in such a manner that
facilitates analysis. The database shall include, but not be limited
to, names of people convicted under article 26 of the agriculture and
markets law as well as the specific acts of animal cruelty that were
the basis of conviction. Also, the database shall include information
on persons who have pled guilty to other charges in satisfaction of
the animal cruelty/fighting charge. The database shall be both in
print and electronic form, and be available to all law enforcement
officers, district attorneys, humane societies for the prevention of
animal cruelty, dog or cat protective associations, and animal control
officers.

Section 3 sets out the effective date.

JUSTIFICATION:

Since the 1970s, the FBI has linked the repeated instances of animal
killing and torture with its analyses of the lives of serial killers.
Studies in psychology, sociology, and criminology have further
demonstrated that violent offenders often have childhood and
adolescent histories of repeated and serious animal abuse. Other
research has shown consistent patterns of animal cruelty among the
perpetrators of other forms of violence such as child abuse, spousal
abuse, and elder abuse. Because the American Psychiatric Association
considers animal cruelty one of the diagnostic criteria of conduct
disorder, creating a database to analyze the incidences of animal
cruelty will provide a valuable resource for law enforcement officials
who seek to establish a link between animal cruelty and related
crimes.

PRIOR LEGISLATIVE HISTORY:

S.8433 of 2009-2010 Referred to Rules
S.3971 of 2011-2012 Referred to Finance

FISCAL IMPLICATIONS:


Minimal.

EFFECTIVE DATE:

June 1, 2015 provided that, effective immediately, the division of
criminal justice services shall promulgate rules and regulations as it
deems necessary to effectuate the purposes of this act, on or before
such effective date.

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

                                  6401

                            I N  S E N A T E

                            January 21, 2014
                               ___________

Introduced  by  Sen. O'BRIEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

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.
  S  2.  The  executive  law is amended by adding a new section 837-s to
read as follows:
  S 837-S. ANIMAL CRUELTY DATABASE. THE  DIVISION  SHALL  ESTABLISH  AND
MAINTAIN  A  CRIME  DATABASE  ON ALL CRIMES OF ANIMAL CRUELTY AND ANIMAL
FIGHTING COMMITTED IN THE STATE WHERE  DATA  OF  SUCH  CRIMES  SHALL  BE
COLLECTED  AND  DISPLAYED  IN  A MANNER THAT FACILITATES ANALYSIS.  SUCH
CRIME DATABASE SHALL INCLUDE, BUT NOT BE LIMITED TO,  NAMES  OF  PERSONS
CONVICTED  OF ANIMAL CRUELTY AND ANIMAL FIGHTING AS SET FORTH IN ARTICLE
TWENTY-SIX OF THE AGRICULTURE AND MARKETS LAW AND THE SPECIFIC  ACTS  OF
ANIMAL CRUELTY OR ANIMAL FIGHTING THAT WERE THE BASIS OF THE CONVICTION.
FOR  THE  PURPOSES  OF  THIS  SECTION,  SUCH DATABASE SHALL ALSO INCLUDE
INFORMATION ON PERSONS WHO HAVE PLED  GUILTY  TO  A  CHARGE  OTHER  THAN
ANIMAL  CRUELTY OR ANIMAL FIGHTING IN SATISFACTION OF THE ANIMAL CRUELTY
OR ANIMAL FIGHTING CHARGE OR WHERE ANIMAL CRUELTY OR THE ANIMAL FIGHTING
CHARGE HAS NOT  RESULTED  IN  A  DISMISSAL  ON  THE  MERITS.  THE  CRIME
DATA-BASE  SHALL  BE IN PRINT AND IN ELECTRONIC FORM AND SHALL BE AVAIL-
ABLE TO ALL LAW ENFORCEMENT ENTITIES, DISTRICT ATTORNEYS, DULY  INCORPO-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02346-01-3

S. 6401                             2

RATED  HUMANE  SOCIETIES,  SOCIETIES  FOR  THE  PREVENTION OF CRUELTY TO
ANIMALS, DOG OR CAT PROTECTIVE ASSOCIATIONS AND ANIMAL CONTROL OFFICERS.
  S  3. This act shall take effect June 1, 2015, provided, however, that
effective immediately, the division of criminal justice  services  shall
promulgate rules and regulations as it deems necessary to effectuate the
purposes of this act, on or before such effective date.

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