Assembly Bill A11217

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

                                  11217

                          I N  A S S E M B L Y

                              May 25, 2010
                               ___________

Introduced  by  M.  of  A.  McDONOUGH  --  read once and referred to the
  Committee on Agriculture

AN ACT to amend the agriculture and markets law, in relation  to  estab-
  lishing the animal abuser registration act

  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
article 26-C to read as follows:
                               ARTICLE 26-C
                     ANIMAL ABUSER REGISTRATION ACT
SECTION 420. SHORT TITLE.
        421. DEFINITION.
        422. REGISTRATION.
        423. SEPARABILITY.
  S  420.  SHORT  TITLE. THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE
"ANIMAL ABUSER REGISTRATION ACT".
  S 421. DEFINITION. FOR PURPOSES OF THIS SECTION "ANIMAL ABUSER"  MEANS
A  PERSON  OVER  EIGHTEEN  YEARS  OF  AGE  WHO  HAS  BEEN CONVICTED OF A
VIOLATION OF SECTION THREE HUNDRED FIFTY-THREE-A OF THIS CHAPTER  OR  OF
THE COMPARABLE ANIMAL CRUELTY STATUTES OF ANOTHER STATE.
  S 422. REGISTRATION. 1. ANY ANIMAL ABUSER PHYSICALLY WITHIN THE BOUND-
ARIES  OF  THIS  STATE FOR MORE THAN TEN CONSECUTIVE DAYS SHALL REGISTER
WITH THE COUNTY SHERIFF FOR THE COUNTY IN WHICH  THE  ANIMAL  ABUSER  IS
LOCATED BEFORE THE END OF THE ELEVENTH DAY IN THE STATE.
  2.  ANY  PREVIOUSLY REGISTERED ANIMAL ABUSER SHALL REREGISTER WITH THE
COUNTY SHERIFF FOR THE COUNTY IN WHICH THE ANIMAL ABUSER IS  LOCATED  NO
LATER THAN TEN DAYS AFTER MOVING TO A NEW LOCATION WITHIN THE STATE.
  3. WHEN AN ANIMAL ABUSER REGISTERS WITH THE COUNTY SHERIFF, THE ANIMAL
ABUSER SHALL PROVIDE THE FOLLOWING REGISTRATION INFORMATION:
  (A)  THE  LEGAL  NAME  AND  ANY OTHER NAMES OR ALIASES THAT THE ANIMAL
ABUSER IS USING OR HAS USED;
  (B) THE DATE OF BIRTH OF THE ANIMAL ABUSER;
  (C) THE SOCIAL SECURITY NUMBER OF THE ANIMAL ABUSER;
  (D) THE CURRENT ADDRESS OR LOCATION OF THE ANIMAL ABUSER;

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

                                                           LBD17340-01-0

A. 11217                            2

  (E) THE PLACE OF EMPLOYMENT OF THE ANIMAL ABUSER;
  (F) THE OFFENSE FOR WHICH THE ANIMAL ABUSE WAS CONVICTED; AND
  (G)  THE DATE AND PLACE OF THE ANIMAL PROTECTION OFFENSE CONVICTION OF
THE ANIMAL ABUSER.
  4. WHEN AN ANIMAL ABUSER REGISTERS WITH A COUNTY SHERIFF, THE  SHERIFF
SHALL OBTAIN:
  (A) A PHOTOGRAPH OF THE ANIMAL ABUSER AND A COMPLETE SET OF THE ANIMAL
ABUSER'S FINGERPRINTS; AND
  (B)  A  DESCRIPTION  OF  ANY  TATTOOS,  SCARS  OR OTHER DISTINGUISHING
FEATURES ON THE ANIMAL ABUSER'S BODY THAT WOULD  ASSIST  IN  IDENTIFYING
THE ANIMAL ABUSER.
  5.  FOLLOWING  AN ANIMAL ABUSER'S INITIAL REGISTRATION PURSUANT TO THE
PROVISIONS OF THIS SECTION, AN ANIMAL ABUSER SHALL  ANNUALLY  RENEW  THE
ANIMAL  ABUSER'S  REGISTRATION WITH THE COUNTY SHERIFF PRIOR TO DECEMBER
THIRTY-FIRST OF EACH SUBSEQUENT CALENDAR YEAR FOR A  PERIOD  OF  FIFTEEN
YEARS.
  6.  AN  ANIMAL  ABUSER  WHO INTENTIONALLY OR KNOWINGLY FAILS TO COMPLY
WITH THE REGISTRATION REQUIREMENTS, OR PROVIDES FALSE  INFORMATION  WHEN
COMPLYING  WITH THE REGISTRATION REQUIREMENTS SET FORTH IN THIS SECTION,
IS GUILTY OF A CLASS E FELONY. EACH  COUNTY  SHERIFF  SHALL  MAINTAIN  A
LOCAL  REGISTRY OF ANIMAL ABUSERS IN THE SHERIFF'S JURISDICTION REQUIRED
TO REGISTER PURSUANT TO THIS SECTION.
  7. THE COUNTY  SHERIFF  SHALL  FORWARD  ALL  REGISTRATION  INFORMATION
OBTAINED  FROM  ANIMAL  ABUSERS  TO  THE  DIVISION  OF  CRIMINAL JUSTICE
SERVICES.
  8. WITHIN TEN DAYS OF RECEIVING INITIAL REGISTRATION INFORMATION  FROM
AN  ANIMAL  ABUSER,  THE  COUNTY  SHERIFF SHALL CONTACT EVERY RESIDENCE,
SCHOOL, HUMANE SOCIETY, ANIMAL SHELTER AND ANY OTHER BUSINESS  WITHIN  A
HALF  MILE  RADIUS  OF  THE  ANIMAL  ABUSER'S  RESIDENCE OR LOCATION AND
PROVIDE THEM WITH THE ANIMAL ABUSER'S REGISTRATION INFORMATION, WITH THE
EXCEPTION OF THE ANIMAL ABUSER'S SOCIAL SECURITY NUMBER.
  9. THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL MAINTAIN A  CENTRAL
REGISTRY  OF  ANIMAL  ABUSERS  REQUIRED  TO  REGISTER  PURSUANT  TO  THE
PROVISIONS OF THIS SECTION. THE CENTRAL REGISTRY OF ANIMAL ABUSERS SHALL
BE MADE AVAILABLE TO THE PUBLIC VIA INTERNET AND IN  WRITTEN  FORM  UPON
WRITTEN OR VERBAL REQUEST. ALL OF THE INFORMATION CONTAINED IN AN ANIMAL
ABUSER'S  REGISTRATION, WITH THE EXCEPTION OF THE ANIMAL ABUSER'S SOCIAL
SECURITY NUMBER,  SHALL  BE  MADE  AVAILABLE.  RECORDS  OF  EACH  ANIMAL
ABUSER'S  REGISTRATION  SHALL  BE  MAINTAINED  FOR  THE  DURATION OF THE
FIFTEEN YEAR PERIOD IN WHICH THE ANIMAL ABUSER IS REQUIRED TO BE  REGIS-
TERED.
  S  423.  SEPARABILITY. IF ANY SECTION OF THIS ARTICLE, OR PART THEREOF
SHALL BE ADJUDGED BY A COURT OF COMPETENT JURISDICTION  TO  BE  INVALID,
SUCH  JUDGMENT  SHALL  NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER OR
ANY OTHER SECTION OR PART THEREOF.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.