S T A T E O F N E W Y O R K
________________________________________________________________________
6684--A
2009-2010 Regular Sessions
I N A S S E M B L Y
March 11, 2009
___________
Introduced by M. of A. ROSENTHAL, KELLNER, SPANO, GABRYSZAK, LUPARDO,
BOYLAND, CHRISTENSEN, DINOWITZ, COLTON, POWELL, JAFFEE, HEVESI, MILL-
MAN, BENEDETTO, CASTRO, KAVANAGH, MONTESANO -- Multi-Sponsored by --
M. of A. COOK, CORWIN, GIBSON, GLICK, GOTTFRIED, HOOPER, JORDAN,
KOON, MAGEE, MAISEL, MARKEY, MAYERSOHN, McDONOUGH, McKEVITT, M. MILL-
ER, PHEFFER, RAIA, SCHIMEL, SKARTADOS, SWEENEY, THIELE, TOWNSEND,
WEISENBERG -- read once and referred to the Committee on Agriculture
-- recommitted to the Committee on Agriculture in accordance with
Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the executive law, in relation to the creation of an
animal cruelty and animal fighting data base
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 1970's 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 DATA BASE. THE DIVISION SHALL ESTABLISH AND
MAINTAIN A CRIME DATA BASE 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09434-02-0
A. 6684--A 2
CRIME DATA BASE 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 DATA BASE 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 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.
S 3. This act shall take effect July 1, 2011, 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.