Assembly Actions -
Senate Actions - UPPERCASE
|Mar 16, 2010
referred to agriculture
Assembly Bill A10283
2009-2010 Legislative Session
Archive: Last Bill Status - In Assembly Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2009-A10283 (ACTIVE) - Details
2009-A10283 (ACTIVE) - Sponsor Memo
BILL NUMBER:A10283 TITLE OF BILL: 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" PURPOSE OR GENERAL IDEA OF BILL: To toughen penalties to prevent and punish the crime of animal cruelty. SUMMARY OF SPECIFIC PROVISION: Amends section 353-a of the Ag & Markets Law to provide that no person convicted of a violation of "Buster's Lawn shall own or possess a companion animal, unless or until authorized by a Judge of the county court in the county of such person's residence. Further provides that no county court order shall issue unless the convicted person demonstrates that he/she has undergone Psychological or psychiatric evaluation and that the results of such evaluation indicate clearly and convincingly that such person is of sound mind and possess the capacity and ability to properly care for such animal. JUSTIFICATION: Persons convicted of animal cruelty are often repeat offenders unless they receive proper psychiatric or Psychological evalu- ation and treatment. Studies have shown that animal abusers often advance to commit crimes against humans. This act is intended to prevent additional instances of animal abuse, cruelty and neglect. PRIOR LEGISLATIVE HISTORY:
2009-A10283 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10283 I N A S S E M B L Y March 16, 2010 ___________ Introduced by M. of A. TEDISCO, KOLB, THIELE -- Multi-Sponsored by -- M. of A. BUTLER, CALHOUN -- read once and referred 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. LBD15843-01-0
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