senate Bill S3804A

2011-2012 Legislative Session

Requires each violator of "Buster's Law" to register his or her name and address with the division of criminal justice services

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Archive: Last Bill Status - Passed Senate


  • 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 19, 2012 referred to agriculture
delivered to assembly
passed senate
ordered to third reading cal.1302
committee discharged and committed to rules
May 31, 2012 print number 3804a
amend and recommit to agriculture
Jan 04, 2012 referred to agriculture
Mar 04, 2011 referred to agriculture

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S3804 - Bill Details

See Assembly Version of this Bill:
A1506A
Current Committee:
Law Section:
Agriculture and Markets Law
Laws Affected:
Add §352, Ag & Mkts L
Versions Introduced in 2009-2010 Legislative Session:
A10998

S3804 - Bill Texts

view summary

Requires each violator of "Buster's Law" to register his or her name and address with the division of criminal justice services.

view sponsor memo
BILL NUMBER:S3804

TITLE OF BILL:
An act
to amend the agriculture and markets law, in relation to establishing
a
registry for persons convicted of violating "Buster's Law"

PURPOSE:
To require each violator of Buster's Law to register his or
her name and address with the Department of Agriculture and Markets.

SUMMARY OF PROVISIONS:
Section 1. The Agriculture and Markets law is amended by adding a new
section 352 to read as follows: Animal cruelty register. Any person
who is convicted of a violation of section three hundred fifty-one or
three hundred fifty-three-a of this article shall register with the
department.
Such registration shall be made in a manner' and form to be determined
by the department, and shall include, at a minimum, the name and
address of such registrant. The department shall maintain
registration information received pursuant to this section in a
registry. Such registry 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,
animal control officers, breeders of animals and pet stores doing
business in this state. Any person required to register pursuant to
this section shall register annually, or each time such person moves
to a new address and shall continue to register until such person
receives a court order ordering such registration to cease. No such
order shall be issued until such 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 his or her capable and sound mental capacity and ability to
own and properly care for an animal in a humane manner. Any person
required to register pursuant to this section shall not own a
companion animal or have employment at an animal shelter, pound, pet
store, zoo or other business establishment where companion animals
are present. Any person who is convicted of a violation of section
three hundred fifty-one or three hundred fifty-three-a of this
article shall, in addition to any other penalty or term of
imprisonment authorized by law, be subject to a mandatory surcharge
of fifty dollars which shall be used to pay for the costs and
expenses associated with establishing and maintaining the registry
required by this section.

JUSTIFICATION:
Unfortunately, animal abuse is a prevalent problem in
our society. As there are laws to protect children and the elderly
from abuse, it is important to extend this means of protection to

animals as well. Much like Megan's Law was designed to prevent sex
offenders from repeating crimes against children, this legislation
will serve to prevent animal abusers from committing repeat offenses.
The animal abusers registry will contain the names and addresses of
persons convicted of violating Buster's Law in New York State. By
maintaining the registry with current information and providing easy
accessibility to the public, those involved in the sale or adoption
of animals can refer to the registry before allowing an individual to
take ownership of an animal. Abuse of animals has also proven to be a
gateway to acts of domestic violence.
This bill would not only provide increased protection to animals, but
would also establish an organized registry of persons who may be more
inclined to inflict violent behavior on a human.

LEGISLATIVE HISTORY:
New legislation.

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
This act shall take effect on the thirtieth day after
it shall have become law.

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

                                  3804

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 4, 2011
                               ___________

Introduced  by  Sen.  BALL  --  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 a registry for 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. The agriculture and markets law is amended by adding a  new
section 352 to read as follows:
  S  352.  ANIMAL  CRUELTY  REGISTER.  ANY  PERSON WHO IS CONVICTED OF A
VIOLATION  OF  SECTION  THREE  HUNDRED  FIFTY-ONE   OR   THREE   HUNDRED
FIFTY-THREE-A  OF  THIS ARTICLE SHALL REGISTER WITH THE DEPARTMENT. SUCH
REGISTRATION SHALL BE MADE IN A MANNER AND FORM TO BE DETERMINED BY  THE
DEPARTMENT,  AND  SHALL  INCLUDE,  AT A MINIMUM, THE NAME AND ADDRESS OF
SUCH REGISTRANT. THE DEPARTMENT SHALL MAINTAIN REGISTRATION  INFORMATION
RECEIVED  PURSUANT TO THIS SECTION IN A REGISTRY. SUCH REGISTRY SHALL BE
IN PRINT AND IN ELECTRONIC FORM  AND  SHALL  BE  AVAILABLE  TO  ALL  LAW
ENFORCEMENT ENTITIES, DISTRICT ATTORNEYS, DULY INCORPORATED HUMANE SOCI-
ETIES,  SOCIETIES  FOR  THE PREVENTION OF CRUELTY TO ANIMALS, DOG OR CAT
PROTECTIVE ASSOCIATIONS, ANIMAL CONTROL OFFICERS,  BREEDERS  OF  ANIMALS
AND  PET  STORES  DOING  BUSINESS IN THIS STATE.  ANY PERSON REQUIRED TO
REGISTER PURSUANT TO THIS SECTION SHALL REGISTER ANNUALLY, OR EACH  TIME
SUCH  PERSON MOVES TO A NEW ADDRESS AND SHALL CONTINUE TO REGISTER UNTIL
SUCH PERSON RECEIVES A COURT ORDER ORDERING SUCH REGISTRATION TO  CEASE.
NO  SUCH  ORDER  SHALL BE ISSUED UNTIL SUCH 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
HIS OR HER CAPABLE AND SOUND MENTAL CAPACITY  AND  ABILITY  TO  OWN  AND
PROPERLY  CARE  FOR AN ANIMAL IN A HUMANE MANNER. ANY PERSON REQUIRED TO
REGISTER PURSUANT TO THIS SECTION SHALL NOT OWN A  COMPANION  ANIMAL  OR
HAVE  EMPLOYMENT  AT  AN  ANIMAL SHELTER, POUND, PET STORE, ZOO OR OTHER
BUSINESS ESTABLISHMENT WHERE COMPANION ANIMALS ARE PRESENT.  ANY  PERSON

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02229-01-1

S. 3804                             2

WHO  IS  CONVICTED  OF A VIOLATION OF SECTION THREE HUNDRED FIFTY-ONE OR
THREE HUNDRED FIFTY-THREE-A OF THIS ARTICLE SHALL, IN  ADDITION  TO  ANY
OTHER PENALTY OR TERM OF IMPRISONMENT AUTHORIZED BY LAW, BE SUBJECT TO A
MANDATORY  SURCHARGE  OF  FIFTY  DOLLARS  WHICH SHALL BE USED TO PAY FOR
COSTS AND EXPENSES ASSOCIATED  WITH  ESTABLISHING  AND  MAINTAINING  THE
REGISTRY REQUIRED BY THIS SECTION.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.

Co-Sponsors

S3804A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A1506A
Current Committee:
Law Section:
Agriculture and Markets Law
Laws Affected:
Add §352, Ag & Mkts L
Versions Introduced in 2009-2010 Legislative Session:
A10998

S3804A (ACTIVE) - Bill Texts

view summary

Requires each violator of "Buster's Law" to register his or her name and address with the division of criminal justice services.

view sponsor memo
BILL NUMBER:S3804A

TITLE OF BILL:
An act
to amend the agriculture and markets law, in relation to establishing
a
registry for persons convicted of violating "Buster's Law"

PURPOSE:
To require each violator of "Buster's Law" to register his or her name
and address with the division of criminal justice services.

SUMMARY OF PROVISIONS:
Section one - amend the agriculture and markets law by adding a new
section 352 to read as follows: Animal cruelty register. Any person
who is convicted of a violation of section 351 or three 353a of this
article shall register with the department of criminal justice
services. Such registration shall be made in a manner and form to be
determined by the division of criminal justice services, and shall
include, at minimum, the name and address of such registrant. The
division of criminal justice services shall maintain registration
information received pursuant to this section in a registry. Such
registry 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, animal
control officers, breeders or animals and pet stores doing business
in this state. Any person required to register pursuant to this
section shall register annually, or each time such person moves to a
new address and shall continue to register until such person receives
a court order ordering such registration to cease. No such order
shall be issued until such 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 his or her capable and sound mental capacity and ability to
own and properly care for an animal in a humane manner. Any person
required to register pursuant to this section shall not own a
companion animal or have employment at an animal shelter, pound, pet
store, zoo or other business establishment where companion animals
are present. Any person who is convicted of a violation of section
351 or 353a of this article shall, in addition to any other penalty
or term of imprisonment authorized by law, be subject to a mandatory
surcharge of fifty dollars which shall be used to pay for the costs
and expenses associated with establishing and maintaining the
registry required by this section.

Section one - also states the provisions of this section shall apply to
all municipalities, including cities having a population of one
million or more, and shall supersede any local law, rule, regulation,
code or ordinance regulating the establishment, implementation and
enforcement of an animal cruelty or abuser registry.

Section two - states that this act shall take effect on the thirtieth
day after it shall become law.

JUSTIFICATION:


Unfortunately, animal abuse is a prevalent problem in our society. As
there are laws to protect children and the elderly from abuse, it is
important to extend this means of protection to animals as well. Much
like Megan's Law was designed to prevent sex offenders from repeating
crimes against children, this legislation will serve to prevent
animal abusers from committing repeat offenses. The animal abusers
registry will contain the names and addresses of persons convicted of
violating Buster's Law in New York State. By maintaining the registry
with current information and providing easy accessibility to the
public, those involved in the sale or adoption of animals can refer
to the registry before allowing an individual to take ownership of an
animal.
Abuse of animals has also proven to be a gateway to acts of domestic
violence. This bill would not only provide increased protection to
animals, but would also establish an organized registry of persons
who may be more inclined to inflict violent behavior on a human.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall become
law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3804--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 4, 2011
                               ___________

Introduced by Sens. BALL, ADDABBO, GOLDEN, OPPENHEIMER -- read twice and
  ordered  printed, and when printed to be committed to the Committee on
  Agriculture -- recommitted to the Committee on Agriculture in  accord-
  ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to amend the agriculture and markets law, in relation to estab-
  lishing a registry for 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. The agriculture and markets law is amended by adding a new
section 352 to read as follows:
  S 352. ANIMAL CRUELTY REGISTER. 1. ANY PERSON WHO IS  CONVICTED  OF  A
VIOLATION   OF   SECTION   THREE  HUNDRED  FIFTY-ONE  OR  THREE  HUNDRED
FIFTY-THREE-A OF THIS ARTICLE SHALL REGISTER WITH THE DIVISION OF CRIMI-
NAL JUSTICE SERVICES.  SUCH REGISTRATION SHALL BE MADE IN A  MANNER  AND
FORM  TO BE DETERMINED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES, AND
SHALL INCLUDE, AT A MINIMUM, THE NAME AND ADDRESS  OF  SUCH  REGISTRANT.
THE  DIVISION  OF  CRIMINAL JUSTICE SERVICES SHALL MAINTAIN REGISTRATION
INFORMATION RECEIVED PURSUANT TO THIS SECTION IN A REGISTRY. SUCH REGIS-
TRY 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, ANIMAL CONTROL OFFICERS, BREEDERS OF
ANIMALS  AND  PET  STORES  DOING  BUSINESS  IN  THIS STATE.   ANY PERSON
REQUIRED TO REGISTER PURSUANT TO THIS SECTION SHALL  REGISTER  ANNUALLY,
OR  EACH  TIME  SUCH PERSON MOVES TO A NEW ADDRESS AND SHALL CONTINUE TO
REGISTER UNTIL SUCH PERSON RECEIVES A COURT ORDER ORDERING  SUCH  REGIS-
TRATION  TO CEASE. NO SUCH ORDER SHALL BE ISSUED UNTIL SUCH 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 HIS OR HER CAPABLE AND  SOUND  MENTAL  CAPACITY  AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02229-04-2

S. 3804--A                          2

ABILITY  TO  OWN AND PROPERLY CARE FOR AN ANIMAL IN A HUMANE MANNER. ANY
PERSON REQUIRED TO REGISTER PURSUANT TO THIS SECTION  SHALL  NOT  OWN  A
COMPANION  ANIMAL  OR  HAVE  EMPLOYMENT AT AN ANIMAL SHELTER, POUND, PET
STORE,  ZOO  OR OTHER BUSINESS ESTABLISHMENT WHERE COMPANION ANIMALS ARE
PRESENT. ANY PERSON WHO IS CONVICTED OF A  VIOLATION  OF  SECTION  THREE
HUNDRED  FIFTY-ONE OR THREE HUNDRED FIFTY-THREE-A OF THIS ARTICLE SHALL,
IN ADDITION TO ANY OTHER PENALTY OR TERM OF IMPRISONMENT  AUTHORIZED  BY
LAW,  BE  SUBJECT TO A MANDATORY ANNUAL SURCHARGE OF FIFTY DOLLARS WHICH
SHALL BE USED TO PAY FOR COSTS AND EXPENSES ASSOCIATED WITH ESTABLISHING
AND MAINTAINING THE REGISTRY REQUIRED BY THIS SECTION.
  2. THE PROVISIONS OF THIS SECTION SHALL APPLY TO  ALL  MUNICIPALITIES,
INCLUDING  CITIES  HAVING A POPULATION OF ONE MILLION OR MORE, AND SHALL
SUPERSEDE ANY LOCAL LAW, RULE, REGULATION, CODE OR ORDINANCE  REGULATING
THE  ESTABLISHMENT,  IMPLEMENTATION AND ENFORCEMENT OF AN ANIMAL CRUELTY
OR ABUSER REGISTRY.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

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