Assembly Bill A10387

2009-2010 Legislative Session

Creates the animal abuser central registry and county registries, and requires that certain convicted animal abusers register with such registries

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Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 25, 2010	enacting clause stricken
Mar 23, 2010	referred to agriculture

2009-A10387 (ACTIVE) - Details

Law Section:: Agriculture and Markets Law
Laws Affected:: Add §380, Ag & Mkts L

2009-A10387 (ACTIVE) - Summary

Creates the animal abuser central registry and county registries, and requires that certain convicted animal abusers register with such registries.

2009-A10387 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A10387

TITLE OF BILL:  An act to amend the agriculture and markets law, in
relation to creating the animal abuser central registry and county
registries, and to requiring that certain convicted animal abusers
register with such registries

PURPOSE OF BILL: Mandatory registration for convicted animal abusers in
our state would aid dramatically in keeping offenders away from poten-
tial new victims by alerting law enforcement and the public to their
whereabouts, and by allowing animal shelters to more thoroughly screen
potential adopters for criminal offenders. This could include violence,
torture, mutilation, intentional killings, bestiality and animal fight-
ing as well as neglect and hoarding. Such registries would help protect
animals, pet guardians and communities by preventing repeat offenses
from anyone with an established history of abusing animals, Animal
cruelty is a concern because it may be a sign of psychological distress
and often indicates that an individual either has already experienced
violence or may be predisposed to committing acts or violence towards
humans.

SUMMARY OF PROVISIONS: The agriculture and markets law is amended by
adding a new section 380:  Section 1 requires the sheriff of each county
in the state to establish and maintain a county registry of individuals
convicted of animal abuse. Section 2 defines any person over 18 who must
register.  Section 3 defines the responsibility of the court to inform a

convicted animal abuser of their obligation to register. Section 4 sets
forth the conditions and length of time an abuser must comply.  Section
5 informs the abuser of the required information that needs to be
provided and the procedures each county must follow. Section 7 details
fee requirements. Section 8 sets forth penalties for failure to comply.
Section 9 details additional tasks each county registry must complete.
Sections 10 & 11 detail access to the registry by the public.

JUSTIFICATION: Our state has good reason to be concerned about the
whereabouts of animal abusers, including the high rate of recidivism
among animal hoarders, the dangers to a community associated with animal
fighting, and the well-established link between violence towards animals
and violence towards humans. Many studies in psychology, sociology, and
criminology during the last 25 years have demonstrated that violent
offenders frequently have childhood and adolescent histories of serious
and repeated animal cruelty. The FBI has recognized the connection since
the 1970s, when its analysis of the lives of serial killers suggested
that most had killed or tortured animals as children. 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. In fact, the American Psychiatric Association considers animal
cruelty one of the diagnostic criteria of conduct disorder.

LEGISLATIVE HISTORY: New Bill

FISCAL IMPACT TO STATE: To be determined.

EFFECTIVE DATE: The act will take effect immediately

2009-A10387 (ACTIVE) - Bill Text download pdf

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

                                  10387

                          I N  A S S E M B L Y

                             March 23, 2010
                               ___________

Introduced  by M. of A. MILLMAN -- read once and referred to the Commit-
  tee on Agriculture

AN ACT to amend the agriculture and markets law, in relation to creating
  the animal abuser central  registry  and  county  registries,  and  to
  requiring  that  certain  convicted  animal abusers register with such
  registries

  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 380 to read as follows:
  S 380. ANIMAL ABUSER REGISTRY. 1. (A) THE COMMISSIONER SHALL ESTABLISH
AND MAINTAIN A CENTRAL REGISTRY OF INDIVIDUALS CONVICTED OF ANIMAL ABUSE
AND REQUIRED TO REGISTER PURSUANT TO THE PROVISIONS OF THIS SECTION.
  (B) THE SHERIFF OF EACH COUNTY IN THE STATE SHALL ESTABLISH AND  MAIN-
TAIN  A  COUNTY  REGISTRY  OF  INDIVIDUALS CONVICTED OF ANIMAL ABUSE AND
REQUIRED TO REGISTER PURSUANT TO THE PROVISIONS OF THIS SECTION.
  2. ANY PERSON OVER EIGHTEEN YEARS OF AGE WHO HAS BEEN CONVICTED OF ONE
OR MORE OF THE FOLLOWING OFFENSES SHALL REGISTER WITH THE  ANIMAL  ABUSE
REGISTRY IN THE COUNTY IN WHICH HE OR SHE RESIDES:
  (A) A FELONY VIOLATION OF ANY PROVISION OF THIS ARTICLE;
  (B)  A VIOLATION OF THE PROVISIONS OF SECTION 195.06, 195.11 OR 195.12
OF THE PENAL LAW;
  (C) A VIOLATION OF ANY PROVISION OF ARTICLE TWO HUNDRED  FORTY-TWO  OF
THE PENAL LAW; OR
  (D) A VIOLATION OF COMPARABLE STATUTES OF ANOTHER STATE.
  3.  UPON  CONVICTION OF ANY OFFENSE SET FORTH IN PARAGRAPH (A), (B) OR
(C) OF SUBDIVISION TWO OF THIS SECTION, THE COURT SHALL CERTIFY THAT THE
CONVICTED PERSON IS AN ANIMAL ABUSER AND SHALL INCLUDE THE CERTIFICATION
IN THE JUDGMENT OF CONVICTION AND THE ORDER OF COMMITMENT, IF  ANY.  THE
COURT  SHALL PROVIDE A COPY OF THE JUDGMENT OF CONVICTION TO THE CENTRAL
REGISTRY AND THE COUNTY REGISTRY FOR THE COUNTY IN WHICH  THE  CONVICTED
PERSON  RESIDES  WITHIN  FIVE  DAYS  OF  THE  ENTRY  OF  THE JUDGMENT OF
CONVICTION. THE COURT SHALL ALSO ADVISE THE ANIMAL ABUSER OF HIS OR  HER
DUTIES  UNDER  THIS ARTICLE. FAILURE TO INCLUDE THE CERTIFICATION IN THE

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

                                                           LBD16156-01-0

A. 10387                            2

JUDGMENT OF CONVICTION OR THE ORDER OF COMMITMENT SHALL  NOT  RELIVE  AN
ANIMAL ABUSER OF THE OBLIGATIONS IMPOSED BY THIS SECTION.
  4.  (A)  A PERSON CONVICTED OF ANY OFFENSE SET FORTH IN PARAGRAPH (A),
(B) OR (C) OF SUBDIVISION TWO OF THIS SECTION SHALL, WITHIN TEN DAYS  OF
THE  ENTRY OF THE JUDGMENT OF CONVICTION, PERSONALLY APPEAR AND REGISTER
WITH THE COUNTY REGISTRY FOR THE COUNTY IN WHICH  THE  CONVICTED  PERSON
RESIDES.
  (B)  A PERSON CONVICTED OF A VIOLATION OF ANOTHER STATE'S ANIMAL ABUSE
STATUTE AS PROVIDED IN PARAGRAPH (D) OF SUBDIVISION TWO OF THIS  SECTION
WHO SUBSEQUENTLY BECOMES A RESIDENT OF THIS STATE SHALL, WITHIN TEN DAYS
OF  ENTERING  THE  STATE, PERSONALLY APPEAR AND REGISTER WITH THE COUNTY
REGISTRY FOR THE COUNTY IN WHICH THE CONVICTED PERSON RESIDES.
  (C) A PERSON CONVICTED OF A VIOLATION OF ANOTHER STATE'S ANIMAL  ABUSE
STATUTE  AS PROVIDED IN PARAGRAPH (D) OF SUBDIVISION TWO OF THIS SECTION
WHO SUBSEQUENTLY ENTERS THE STATE FOR A PERIOD OF MORE THAN TEN  CONSEC-
UTIVE  DAYS,  SHALL,  WITHIN  TEN DAYS OF ENTERING THE STATE, PERSONALLY
APPEAR AND REGISTER WITH THE COUNTY  REGISTRY  IN  WHICH  THE  CONVICTED
PERSON IS STAYING.
  (D)  A  PREVIOUSLY  REGISTERED ANIMAL ABUSER WHO MOVES TO A NEW COUNTY
WITHIN THE STATE SHALL RE-REGISTER WITH THE COUNTY REGISTRY FOR  HIS  OR
HER  NEW  COUNTY OF RESIDENCE NO LATER THAN TEN DAYS AFTER MOVING TO THE
NEW COUNTY.
  5. (A) EACH REGISTRANT SHALL PROVIDE THE FOLLOWING INFORMATION TO  THE
COUNTY REGISTRY AT THE TIME OF REGISTRATION:
  (1)  THE  REGISTRANT'S  NAME,  ALL ALIASES USED, DATE OF BIRTH, SOCIAL
SECURITY NUMBER, SEX, RACE, HEIGHT, WEIGHT, EYE COLOR, DRIVER'S  LICENSE
NUMBER AND CURRENT HOME ADDRESS AND/OR EXPECTED PLACE OF DOMICILE;
  (2)  A  DESCRIPTION  OF  ANY  TATTOOS,  SCARS  OR OTHER DISTINGUISHING
FEATURES ON THE ANIMAL ABUSER'S BODY THAT WOULD  ASSIST  IN  IDENTIFYING
THE ANIMAL ABUSER;
  (3)  A  DESCRIPTION  OF  THE  OFFENSE  FOR  WHICH  THE  REGISTRANT WAS
CONVICTED, THE DATE OF CONVICTION AND THE SENTENCE IMPOSED;
  (4) THE REGISTRANT'S  EMPLOYMENT  ADDRESS  AND/OR  EXPECTED  PLACE  OF
EMPLOYMENT; AND
  (5) ANY OTHER INFORMATION DEEMED PERTINENT BY THE CENTRAL REGISTRY.
  (B)  EACH  REGISTRANT  SHALL  BE PHOTOGRAPHED AND FINGERPRINTED BY THE
COUNTY REGISTRY STAFF. THE COUNTY REGISTRY SHALL, DURING THE  PERIOD  OF
REGISTRATION, UPDATE SUCH PHOTOGRAPH ONCE EVERY THREE YEARS. THE CENTRAL
REGISTRY  SHALL  NOTIFY THE REGISTRANT BY MAIL OF THE DUTY TO APPEAR AND
BE PHOTOGRAPHED AT THE COUNTY REGISTRY  FOR  THE  COUNTY  IN  WHICH  THE
REGISTRANT  RESIDES.  SUCH  NOTIFICATION SHALL BE MAILED AT LEAST THIRTY
DAYS AND NOT MORE THAN SIXTY DAYS BEFORE THE PHOTOGRAPH IS  REQUIRED  TO
BE TAKEN.
  (C)  EACH  COUNTY  REGISTRY  SHALL UTILIZE A STANDARDIZED REGISTRATION
FORM IN A FORMAT DEVELOPED BY THE COMMISSIONER. SUCH FORM SHALL BE WRIT-
TEN IN CLEAR AND CONCISE LANGUAGE AND SHALL ADVISE THE REGISTRANT OF HIS
OR HER DUTIES AND OBLIGATIONS UNDER THIS ARTICLE. A COPY OF  THE  REGIS-
TRATION  FORM  SHALL BE PROVIDED TO THE REGISTRANT AT THE TIME OF REGIS-
TRATION.
  (D) THE COUNTY REGISTRY  SHALL  FORWARD  THE  REGISTRATION  FORM,  THE
REGISTRANT'S  PHOTOGRAPH  AND FINGERPRINTS AND ALL REGISTRATION INFORMA-
TION OBTAINED FROM EACH REGISTRANT TO THE CENTRAL REGISTRY WITHIN TWENTY
DAYS OF THE DATE OF THE REGISTRATION.
  6. FOLLOWING A  REGISTRANT'S  INITIAL  REGISTRATION  PURSUANT  TO  THE
PROVISIONS  OF  THIS SECTION, THE REGISTRANT SHALL ANNUALLY RENEW HIS OR

A. 10387                            3

HER REGISTRATION WITH THE COUNTY SHERIFF PRIOR TO DECEMBER  THIRTY-FIRST
OF EACH SUBSEQUENT CALENDAR YEAR FOR A PERIOD OF FIFTEEN YEARS.
  7.  THE  COUNTY  REGISTRY  SHALL CHARGE A FEE OF TWENTY DOLLARS FOR AN
INITIAL REGISTRATION AND A FEE OF TEN DOLLARS  EACH  TIME  A  REGISTRANT
REGISTERS  ANY  CHANGE  OF ADDRESS. THE FEES SHALL BE PAID TO THE COUNTY
REGISTRY BY THE REGISTRANT. ONE-HALF OF  THE  INITIAL  REGISTRATION  FEE
SHALL BE PROVIDED TO THE CENTRAL REGISTRY AND ONE-HALF SHALL BE RETAINED
BY  THE  COUNTY  REGISTRY COLLECTING THE FEE. ALL CHANGE OF ADDRESS FEES
SHALL BE RETAINED BY THE COUNTY REGISTRY.
  8. 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 FELONY:
  (A)  PUNISHABLE BY IMPRISONMENT FOR A PERIOD NOT TO EXCEED FOUR YEARS,
OR BY A FINE NOT TO EXCEED FIVE THOUSAND DOLLARS, OR BY BOTH  SUCH  FINE
AND IMPRISONMENT FOR A FIRST OFFENSE; AND
  (B)  PUNISHABLE BY IMPRISONMENT FOR A PERIOD NOT TO EXCEED FOUR YEARS,
OR BY A FINE NOT TO EXCEED TEN THOUSAND DOLLARS, OR BY  BOTH  SUCH  FINE
AND IMPRISONMENT FOR SUBSEQUENT OFFENSES.
  9.  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.
  10.  REGISTRATION  INFORMATION  CONTAINED  IN  THE CENTRAL REGISTRY OF
ANIMAL ABUSERS SHALL BE MADE AVAILABLE TO THE  PUBLIC  THROUGH  INTERNET
ACCESS,  TELEPHONE  ACCESS,  WRITTEN ACCESS AND IN PERSON ACCESS. 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  MAIN-
TAINED  FOR  THE DURATION OF THE FIFTEEN YEAR PERIOD IN WHICH THE ANIMAL
ABUSER IS REQUIRED TO BE REGISTERED.
  11. THE DEPARTMENT SHALL ALSO ESTABLISH A PUBLIC AWARENESS CAMPAIGN TO
ADVISE THE PUBLIC OF THE PROVISIONS OF THIS SECTION.
  12. NO OFFICIAL, AGENCY, AUTHORIZED PERSON OR ENTITY,  WHETHER  PUBLIC
OR  PRIVATE,  SHALL  BE  SUBJECT  TO ANY CIVIL OR CRIMINAL LIABILITY FOR
DAMAGES FOR ANY DECISION OR ACTION MADE IN THE ORDINARY COURSE OF  BUSI-
NESS  OF  THAT  OFFICIAL,  AGENCY, AUTHORIZED PERSON OR ENTITY, PROVIDED
THAT SUCH OFFICIAL, AGENCY, AUTHORIZED PERSON OR ENTITY ACTED REASONABLY
AND IN GOOD FAITH WITH RESPECT TO SUCH REGISTRY INFORMATION.
  13. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS AS MAY  BE
NECESSARY TO EFFECTUATE THE PROVISIONS AND INTENT OF THIS SECTION AND TO
ENFORCE  REGISTRATION,  ALL  OF WHICH SHALL HAVE THE FORCE AND EFFECT OF
LAW.
  S 2. This act shall take effect immediately.

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Assembly Bill A10387

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Archive: Last Bill Status - Stricken

Actions

2009-A10387 (ACTIVE) - Details

2009-A10387 (ACTIVE) - Summary

2009-A10387 (ACTIVE) - Sponsor Memo

2009-A10387 (ACTIVE) - Bill Text download pdf

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Sponsored By

MILLMAN

Archive: Last Bill Status - Stricken

Actions

2009-A10387 (ACTIVE) - Details

2009-A10387 (ACTIVE) - Summary

2009-A10387 (ACTIVE) - Sponsor Memo

2009-A10387 (ACTIVE) - Bill Text download pdf

Comments