senate Bill S2015

2011-2012 Legislative Session

Establishes an animal abuser statewide registry

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 05, 2012 reported and committed to finance
Jan 04, 2012 referred to agriculture
Jun 24, 2011 committed to rules
Jun 07, 2011 advanced to third reading
Jun 06, 2011 2nd report cal.
Jun 02, 2011 1st report cal.932
Jan 14, 2011 referred to agriculture

Votes

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Jun 5, 2012 - Agriculture committee Vote

S2015
6
0
committee
6
Aye
0
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Agriculture committee vote details

Agriculture Committee Vote: Jun 5, 2012

Jun 1, 2011 - Agriculture committee Vote

S2015
8
0
committee
8
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Agriculture committee vote details

Agriculture Committee Vote: Jun 1, 2011

aye wr (2)

Co-Sponsors

S2015 - Bill Details

See Assembly Version of this Bill:
A299
Current Committee:
Law Section:
Agriculture and Markets Law
Laws Affected:
Add ยง353-e, Ag & Mkts L

S2015 - Bill Texts

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Establishes an animal abuser statewide registry with community notification requirements.

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BILL NUMBER:S2015

TITLE OF BILL:
An act
to amend the agriculture and markets law, in relation to establishing an
animal abuser registry

PURPOSE:
To establish a registry of people who have been convicted of a felony
violation of animal abuse or of the comparable statutes in another
state.

SUMMARY OF PROVISIONS:
A new section 353-e is added to the agriculture and markets law which
establishes the specifics of an animal abuser registry in the state
of New York for felony violations of animal abuse is section 353 of
this act. The abuser shall register with the county sheriff within 10
days of locating to the county. The abuser shall annually renew their
registration for fifteen years.
Intentionally or knowingly failing to register or provide false
information is a class E felony.
The county sheriff shall maintain a local registry and notify every
residence, school, humane society, animal shelter and any other
business within a half mile radius of the animal abuser's to the New
York state division of criminal justice services. The New York state
division of criminal justice services shall maintain a central
registry of animal abusers required to register for the fifteen year
period in which the animal abuser is required to be registered.

JUSTIFICATION:
This is much needed legislation to combat animal cruelty and abuse and
to stop repeat offenders.
The thinking behind establishment of animal abuser registries is that
it would prevent access to those convicted of animal abuse of
adopting or purchasing animals as it would prohibit pet stores and
animal shelters from selling pets or allowing them to be adopted by
individuals on the Animal Abuse registry

For more than a quarter of a century, studies have shown a strong
corollary between animal abuse and human violence. A survey of
pet-owning families where child abuse and neglect occurred found that
animals were also abused in 88 percent of homes where child physical
abuse
was present (DeViney, Dicket, & Lockwood, 1983), A 1998 study of women
seeking shelter at a safe house showed that 71 percent of those
having pets affirmed that their partner had threatened, hurt or
killed their companion animals (Ascione, 1998).

LEGISLATIVE HISTORY:
New legislation.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
Immediately.


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

                                  2015

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 14, 2011
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture

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

  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 353-e to read as follows:
  S  353-E. ANIMAL ABUSER REGISTRY. 1. FOR PURPOSES OF THIS SECTION, THE
TERM "ANIMAL ABUSER" MEANS A PERSON OVER EIGHTEEN YEARS OF AGE  WHO  HAS
BEEN CONVICTED OF A FELONY VIOLATION OF ANY PROVISION OF THIS ARTICLE OR
OF THE COMPARABLE STATUTES OF ANOTHER STATE.
  2.  ANY  ANIMAL  ABUSER PHYSICALLY WITHIN THE BOUNDARIES OF THIS STATE
FOR MORE THAN TEN CONSECUTIVE DAYS SHALL REGISTER WITH THE COUNTY  SHER-
IFF  FOR THE COUNTY IN WHICH THE ANIMAL ABUSER IS LOCATED BEFORE THE END
OF THE ELEVENTH DAY IN THE STATE.
  3. 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.
  4. 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;
  (E) THE PLACE OF EMPLOYMENT OF THE ANIMAL ABUSER;
  (F)  THE  ANIMAL  PROTECTION  OFFENSE  FOR WHICH THE ANIMAL ABUSER WAS
CONVICTED; AND
  (G) THE DATE AND PLACE OF THE ANIMAL PROTECTION OFFENSE CONVICTION  OF
THE ANIMAL ABUSER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04101-01-1

S. 2015                             2

  5.  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.
  6.  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.
  7.  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.
  8. EACH COUNTY SHERIFF SHALL MAINTAIN A LOCAL REGISTRY OF ANIMAL ABUS-
ERS IN THE SHERIFF'S JURISDICTION REQUIRED TO REGISTER PURSUANT TO  THIS
SECTION.
  9.  THE  COUNTY  SHERIFF  SHALL  FORWARD  ALL REGISTRATION INFORMATION
OBTAINED FROM ANIMAL ABUSERS TO THE NEW YORK STATE DIVISION OF  CRIMINAL
JUSTICE SERVICES.
  10. 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.
  11. THE NEW YORK STATE 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 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.
  S 2. This act shall take effect immediately.

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