BILL NUMBER:A10998
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: Requires each violator of "Buster's Law" to register his or
her name and address with the Department of Agriculture and Markets.
SUMMARY OF PROVISIONS: Section 1 adds a new section 352 to the Agricul-
ture and Markets Law to establish an animal cruelty register. The new
section provides that persons convicted of animal cruelty or animal
fighting must register with the Department of Agriculture and Markets.
The manner of registration will be regulated by the department but shall
include, at a minimum, the name and address of the registrant. Informa-
tion stored in the registry shall be made available to all law enforce-
ment entities, district attorneys, humane societies, societies for the
prevention of cruelty to animals, animal control officers, breeders of
animals and pet stores doing business in this state.
Any person required to register shall do so annually or each time such
person moves to a new address and shall continue to register until he or
she receives a court order ordering such registration to cease. No such
order shall be issued until the registrant demonstrates to the court
that he or she has undergone psychological and or psychiatric testing,
the results of which indicate by clear and convincing evidence his or
S T A T E O F N E W Y O R K
________________________________________________________________________
10998
I N A S S E M B L Y
May 6, 2010
___________
Introduced by M. of A. TEDISCO -- read once and referred to the Commit-
tee 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. 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 DEPARTMENT. SUCH
REGISTRATION SHALL BE MADE IN A MANNER AND FORM TO BE DETERMINED BY THE
DEPARTMENT, AND SHALL INCLUDE, AT A MINIMUM, THE NAME AND ADDRESS OF
SUCH REGISTRANT. THE DEPARTMENT 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 SOCI-
ETIES, 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 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 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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