senate Bill S6875A

2011-2012 Legislative Session

Creates the animal abuser central registry, and to require that certain convicted animal abusers register with such 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
Apr 18, 2012 print number 6875a
amend and recommit to agriculture
Apr 02, 2012 referred to agriculture

Bill Amendments

Original
A (Active)
Original
A (Active)

S6875 - Bill Details

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

S6875 - Bill Texts

view summary

Creates the animal abuser central registry, and requires that certain convicted animal abusers register with such registry; provides such registrants are prohibited from possessing, adopting, owning, purchasing or exercising control over any animal except in certain cases in the court's discretion; provides fines and imprisonment for non-compliance.

view sponsor memo
BILL NUMBER:S6875

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

PURPOSE OR GENERAL IDEA OF BILL:
This legislation creates an animal abuse central registry.

SUMMARY OF SPECIFIC PROVISIONS OF BILL:
Section 1 creates a
central registry of individuals (over the age of 18) convicted of
animal abuse and requires animal abusers to register. Section 1
specifically enumerates what violations of sections of law would
require an individual to register. This section further outlines what
information must be provided to the registry.
Further this section prohibits an individual who registers under this
act from owning an animal. This section further requires animal
shelters and pet dealers to check with the registry.

Section 2 is the effective date.

JUSTIFICATION:
Animal abusers are heinous individuals who hurt and
kill animals that are incapable of defending themselves. An
individual who is convicted of animal abuse should lose their right
to have an animal.
Violators of this law should be punished severely. Creating an animal
abuse registry will help ensure that animal abusers are not able to
own more possible victims of their future violence.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
Minimal.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  6875

                            I N  S E N A T E

                              April 2, 2012
                               ___________

Introduced  by Sen. GRISANTI -- 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 creating
  the animal abuser  central  registry,  and  to  require  that  certain
  convicted animal abusers register with such 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 380 to read as follows:
  S 380. ANIMAL ABUSER REGISTRY. 1. 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.
  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 ABUSER
REGISTRY:
  (A) A FELONY VIOLATION OF ANY PROVISION OF THIS ARTICLE;
  (B)  A  VIOLATION  OF  THE  PROVISIONS  OF   SECTION   THREE   HUNDRED
FIFTY-THREE,  THREE  HUNDRED  FIFTY-THREE-B,  THREE  HUNDRED FIFTY-FOUR,
THREE HUNDRED FIFTY-FIVE, THREE HUNDRED FIFTY-SIX, THREE HUNDRED  FIFTY-
SEVEN,  THREE  HUNDRED  FIFTY-EIGHT,  THREE HUNDRED FIFTY-EIGHT-A, THREE
HUNDRED FIFTY-NINE, THREE HUNDRED FIFTY-NINE-A, THREE HUNDRED SIXTY-TWO,
THREE  HUNDRED  SIXTY-FOUR,  THREE  HUNDRED  SIXTY-FIVE,  THREE  HUNDRED
SIXTY-SIX,  THREE  HUNDRED SIXTY-SIX-A, THREE HUNDRED SIXTY-EIGHT, THREE
HUNDRED SIXTY-NINE OR THREE HUNDRED SEVENTY OF THIS ARTICLE;
  (C) A VIOLATION OF THE PROVISIONS OF SECTION 195.06, 195.11 OR  195.12
OF THE PENAL LAW;
  (D)  A  VIOLATION OF ANY PROVISION OF ARTICLE TWO HUNDRED FORTY-TWO OF
THE PENAL LAW;
  (E) A VIOLATION OF THE PROVISIONS OF SECTION 130.20 OF THE PENAL  LAW;
OR
  (F) A VIOLATION OF COMPARABLE STATUTES OF ANOTHER STATE.
  3.  UPON  CONVICTION  OF  ANY OFFENSE SET FORTH IN PARAGRAPH (A), (B),
(C), (D) OR (E) OF SUBDIVISION TWO OF  THIS  SECTION,  THE  COURT  SHALL
CERTIFY  THAT THE CONVICTED PERSON IS AN ANIMAL ABUSER AND SHALL INCLUDE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15226-02-2

S. 6875                             2

THE CERTIFICATION IN THE JUDGMENT OF CONVICTION AND THE ORDER OF COMMIT-
MENT, IF ANY. THE  COURT  SHALL  PROVIDE  A  COPY  OF  THE  JUDGMENT  OF
CONVICTION  TO THE CENTRAL REGISTRY 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 CERTIF-
ICATION IN THE JUDGMENT OF CONVICTION OR THE ORDER OF  COMMITMENT  SHALL
NOT RELIEVE AN ANIMAL ABUSER OF THE OBLIGATIONS IMPOSED BY THIS SECTION.
  4.  A  PERSON CONVICTED OF A VIOLATION OF ANOTHER STATE'S ANIMAL ABUSE
STATUTE AS PROVIDED IN PARAGRAPH (F) OF SUBDIVISION TWO OF THIS  SECTION
WHO  SUBSEQUENTLY  BECOMES A RESIDENT OF THIS STATE SHALL, WITHIN THIRTY
DAYS OF ENTERING THE STATE, REGISTER WITH THE CENTRAL REGISTRY.
  5. (A) EACH REGISTRANT SHALL PROVIDE THE FOLLOWING INFORMATION TO  THE
REGISTRY AT THE TIME OF REGISTRATION:
  (1) THE REGISTRANT'S NAME, ALL ALIASES USED, DATE OF BIRTH, 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; AND
  (4) ANY OTHER INFORMATION DEEMED PERTINENT BY THE CENTRAL REGISTRY.
  (B)  THE  CENTRAL  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.
  6. (A) FOLLOWING A REGISTRANT'S INITIAL REGISTRATION PURSUANT  TO  THE
PROVISIONS  OF  THIS SECTION, THE REGISTRANT SHALL ANNUALLY RENEW HIS OR
HER  REGISTRATION  WITH  THE  CENTRAL   REGISTRY   PRIOR   TO   DECEMBER
THIRTY-FIRST  OF  EACH  SUBSEQUENT  CALENDAR  YEAR  FOR A PERIOD OF FIVE
YEARS.
  (B) IF A PERSON HAS BEEN SUBSEQUENTLY  CONVICTED  OF  AN  OFFENSE  SET
FORTH  IN PARAGRAPH (A), (B), (C), (D) OR (E) OF SUBDIVISION TWO OF THIS
SECTION, THE REGISTRANT SHALL ANNUALLY RENEW  HIS  OR  HER  REGISTRATION
WITH  THE CENTRAL REGISTRY PRIOR TO DECEMBER THIRTY-FIRST OF EACH SUBSE-
QUENT CALENDAR YEAR FOR A PERIOD OF TEN YEARS.
  7. THE CENTRAL REGISTRY SHALL CHARGE AN ANNUAL FEE  OF  FIFTY  DOLLARS
AND  A FEE OF TEN DOLLARS EACH TIME A REGISTRANT REGISTERS ANY CHANGE OF
ADDRESS. THE FEES SHALL BE PAID TO THE CENTRAL REGISTRY  BY  THE  REGIS-
TRANT.
  8.  (A)  A  PERSON  REQUIRED  TO  REGISTER PURSUANT TO THIS SECTION IS
PROHIBITED FROM, POSSESSING, ADOPTING, OWNING, PURCHASING OR  EXERCISING
CONTROL OVER ANY ANIMAL FOR THE PERIOD SUCH PERSON IS REQUIRED TO REGIS-
TER.
  (B)  ALL  ANIMAL  SHELTERS  AND  PET DEALERS SHALL EXAMINE THE CENTRAL
REGISTRY TO CONFIRM THAT ANY POTENTIAL OWNERS ARE  NOT  REGISTRANTS.  NO
ANIMAL  SHALL  BE  SOLD, EXCHANGED OR OTHERWISE TRANSFERRED TO AN ANIMAL
ABUSER LISTED ON THE REGISTRY.
  9. (A) 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,
OR WHO VIOLATES THE PROVISIONS OF PARAGRAPH (A) OF SUBDIVISION EIGHT  OF
THIS SECTION, IS GUILTY OF A FELONY:

S. 6875                             3

  (1)  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
  (2)  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.
  (B)  ANY  ANIMAL  SHELTER  OR PET DEALER WHO VIOLATES PARAGRAPH (B) OF
SUBDIVISION EIGHT OF THIS SECTION SHALL BE GUILTY  OF  A  VIOLATION  AND
SUBJECT  TO  A  FINE  NOT TO EXCEED ONE THOUSAND DOLLARS. IT SHALL BE AN
AFFIRMATIVE DEFENSE THAT THE ANIMAL SHELTER OR PET DEALER  EXAMINED  THE
CENTRAL  ANIMAL  ABUSER REGISTRY AND THE NAME OF THE PERSON TO WHOM THEY
SOLD OR TRANSFERRED AN ANIMAL DID NOT APPEAR THEREON.
  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 SHALL BE
MADE AVAILABLE. RECORDS OF EACH ANIMAL ABUSER'S  REGISTRATION  SHALL  BE
MAINTAINED  FOR THE DURATION OF THE PERIOD IN WHICH THE ANIMAL ABUSER IS
REQUIRED TO BE REGISTERED PURSUANT TO SUBDIVISION SIX OF THIS SECTION.
  11. 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.
  12. 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.
  13. FOR PURPOSES OF THIS SECTION:
  (A) "ANIMAL SHELTER" MEANS  PUBLIC  OR  PRIVATELY  OWNED  ORGANIZATION
INCLUDING,  BUT  NOT  LIMITED  TO, ANY DULY INCORPORATED HUMANE SOCIETY,
POUND, ANIMAL PROTECTIVE ASSOCIATION OR ANIMAL RESCUE GROUP WHICH  MAIN-
TAINS BUILDINGS, STRUCTURES OR OTHER PROPERTY FOR THE PURPOSE OF HARBOR-
ING  ANIMALS WHICH MAY BE STRAY, UNWANTED, LOST, ABANDONED OR ABUSED AND
SEEKS TO FIND APPROPRIATE TEMPORARY OR PERMANENT HOMES FOR SUCH ANIMALS.
  (B) "PET DEALER" MEANS  ANY  INDIVIDUAL,  PERSON,  PARTNERSHIP,  FIRM,
CORPORATION  OR OTHER ENTITY WHICH OFFERS ANIMALS FOR SALE OR IS ENGAGED
IN THE SALE, EXCHANGE OR OTHER TRANSFER OF OWNERSHIP OF ANIMALS.
  S 2. This act shall take effect immediately.

S6875A (ACTIVE) - Bill Details

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

S6875A (ACTIVE) - Bill Texts

view summary

Creates the animal abuser central registry, and requires that certain convicted animal abusers register with such registry; provides such registrants are prohibited from possessing, adopting, owning, purchasing or exercising control over any animal except in certain cases in the court's discretion; provides fines and imprisonment for non-compliance.

view sponsor memo
BILL NUMBER:S6875A

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

PURPOSE OR GENERAL IDEA OF BILL:
This legislation creates an animal abuse central registry.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 creates a central registry
of individuals (over the age of 18) convicted of animal abuse and
requires animal abusers to register. Section 1 specifically
enumerates what violations of sections of law would require an
individual to register. This section further outlines what
information must be provided to the registry.
Further this section prohibits an individual who registers under this
act from owning an animal unless a court finds otherwise. This
section further requires animal shelters and pet dealers to check
with the registry.

Section 2 is the effective date.

JUSTIFICATION:
Animal abusers are heinous individuals who hurt and
kill animals that are incapable of defending themselves. An
individual who is convicted of animal abuse should lose their right
to have an animal.
Violators of this law should be punished severely. Creating an animal
abuse registry will help ensure that animal abusers are not able to
own more possible victims of their future violence.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
Minimal.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                 6875--A

                            I N  S E N A T E

                              April 2, 2012
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture  --  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 creating
  the  animal  abuser  central  registry,  and  to  require that certain
  convicted animal abusers register with such 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 380 to read as follows:
  S 380. ANIMAL ABUSER REGISTRY. 1. 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.
  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  ABUSER
REGISTRY:
  (A) A FELONY VIOLATION OF ANY PROVISION OF THIS ARTICLE;
  (B)   A   VIOLATION   OF  THE  PROVISIONS  OF  SECTION  THREE  HUNDRED
FIFTY-THREE, THREE  HUNDRED  FIFTY-THREE-B,  THREE  HUNDRED  FIFTY-FOUR,
THREE  HUNDRED FIFTY-FIVE, THREE HUNDRED FIFTY-SIX, THREE HUNDRED FIFTY-
SEVEN, THREE HUNDRED FIFTY-EIGHT,  THREE  HUNDRED  FIFTY-EIGHT-A,  THREE
HUNDRED FIFTY-NINE, THREE HUNDRED FIFTY-NINE-A, THREE HUNDRED SIXTY-TWO,
THREE  HUNDRED  SIXTY-FOUR,  THREE  HUNDRED  SIXTY-FIVE,  THREE  HUNDRED
SIXTY-SIX, THREE HUNDRED SIXTY-SIX-A, THREE HUNDRED  SIXTY-EIGHT,  THREE
HUNDRED SIXTY-NINE OR THREE HUNDRED SEVENTY OF THIS ARTICLE;
  (C)  A VIOLATION OF THE PROVISIONS OF SECTION 195.06, 195.11 OR 195.12
OF THE PENAL LAW;
  (D) A VIOLATION OF ANY PROVISION OF ARTICLE TWO HUNDRED  FORTY-TWO  OF
THE PENAL LAW;
  (E)  A VIOLATION OF THE PROVISIONS OF SECTION 130.20 OF THE PENAL LAW;
OR
  (F) A VIOLATION OF COMPARABLE STATUTES OF ANOTHER STATE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15226-03-2

S. 6875--A                          2

  3. UPON CONVICTION OF ANY OFFENSE SET FORTH  IN  PARAGRAPH  (A),  (B),
(C),  (D)  OR  (E)  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 COMMIT-
MENT,  IF  ANY.  THE  COURT  SHALL  PROVIDE  A  COPY  OF THE JUDGMENT OF
CONVICTION TO THE CENTRAL REGISTRY 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 CERTIF-
ICATION IN THE JUDGMENT OF CONVICTION OR THE ORDER OF  COMMITMENT  SHALL
NOT RELIEVE AN ANIMAL ABUSER OF THE OBLIGATIONS IMPOSED BY THIS SECTION.
  4.  A  PERSON CONVICTED OF A VIOLATION OF ANOTHER STATE'S ANIMAL ABUSE
STATUTE AS PROVIDED IN PARAGRAPH (F) OF SUBDIVISION TWO OF THIS  SECTION
WHO  SUBSEQUENTLY  BECOMES A RESIDENT OF THIS STATE SHALL, WITHIN THIRTY
DAYS OF ENTERING THE STATE, REGISTER WITH THE CENTRAL REGISTRY.
  5. (A) EACH REGISTRANT SHALL PROVIDE THE FOLLOWING INFORMATION TO  THE
REGISTRY AT THE TIME OF REGISTRATION:
  (1) THE REGISTRANT'S NAME, ALL ALIASES USED, DATE OF BIRTH, 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; AND
  (4) ANY OTHER INFORMATION DEEMED PERTINENT BY THE CENTRAL REGISTRY.
  (B)  THE  CENTRAL  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.
  6. (A) FOLLOWING A REGISTRANT'S INITIAL REGISTRATION PURSUANT  TO  THE
PROVISIONS  OF  THIS SECTION, THE REGISTRANT SHALL ANNUALLY RENEW HIS OR
HER  REGISTRATION  WITH  THE  CENTRAL   REGISTRY   PRIOR   TO   DECEMBER
THIRTY-FIRST  OF  EACH  SUBSEQUENT  CALENDAR  YEAR  FOR A PERIOD OF FIVE
YEARS.
  (B) IF A PERSON HAS BEEN SUBSEQUENTLY  CONVICTED  OF  AN  OFFENSE  SET
FORTH  IN PARAGRAPH (A), (B), (C), (D) OR (E) OF SUBDIVISION TWO OF THIS
SECTION, THE REGISTRANT SHALL ANNUALLY RENEW  HIS  OR  HER  REGISTRATION
WITH  THE CENTRAL REGISTRY PRIOR TO DECEMBER THIRTY-FIRST OF EACH SUBSE-
QUENT CALENDAR YEAR FOR A PERIOD OF TEN YEARS.
  7. THE CENTRAL REGISTRY SHALL CHARGE AN ANNUAL FEE  OF  FIFTY  DOLLARS
AND  A FEE OF TEN DOLLARS EACH TIME A REGISTRANT REGISTERS ANY CHANGE OF
ADDRESS. THE FEES SHALL BE PAID TO THE CENTRAL REGISTRY  BY  THE  REGIS-
TRANT.
  8.  (A)  A  PERSON  REQUIRED  TO  REGISTER PURSUANT TO THIS SECTION IS
PROHIBITED FROM, POSSESSING, ADOPTING, OWNING, PURCHASING OR  EXERCISING
CONTROL OVER ANY ANIMAL FOR THE PERIOD SUCH PERSON IS REQUIRED TO REGIS-
TER; PROVIDED, HOWEVER, THAT THE COURT MAY ALLOW SUCH PERSON TO POSSESS,
ADOPT,  OWN,  PURCHASE  OR  EXERCISE  CONTROL  OVER  A LIMITED NUMBER OF
ANIMALS IN CERTAIN CASES.
  (B) ALL ANIMAL SHELTERS AND PET  DEALERS  SHALL  EXAMINE  THE  CENTRAL
REGISTRY  TO  CONFIRM  THAT ANY POTENTIAL OWNERS ARE NOT REGISTRANTS. NO
ANIMAL SHALL BE SOLD, EXCHANGED OR OTHERWISE TRANSFERRED  TO  AN  ANIMAL
ABUSER LISTED ON THE REGISTRY.

S. 6875--A                          3

  9. (A) 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,
OR  WHO VIOLATES THE PROVISIONS OF PARAGRAPH (A) OF SUBDIVISION EIGHT OF
THIS SECTION, IS GUILTY OF A FELONY:
  (1)  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
  (2)  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.
  (B)  ANY  ANIMAL  SHELTER  OR PET DEALER WHO VIOLATES PARAGRAPH (B) OF
SUBDIVISION EIGHT OF THIS SECTION SHALL BE GUILTY  OF  A  VIOLATION  AND
SUBJECT  TO  A  FINE  NOT TO EXCEED ONE THOUSAND DOLLARS. IT SHALL BE AN
AFFIRMATIVE DEFENSE THAT THE ANIMAL SHELTER OR PET DEALER  EXAMINED  THE
CENTRAL  ANIMAL  ABUSER REGISTRY AND THE NAME OF THE PERSON TO WHOM THEY
SOLD OR TRANSFERRED AN ANIMAL DID NOT APPEAR THEREON.
  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 SHALL BE
MADE AVAILABLE. RECORDS OF EACH ANIMAL ABUSER'S  REGISTRATION  SHALL  BE
MAINTAINED  FOR THE DURATION OF THE PERIOD IN WHICH THE ANIMAL ABUSER IS
REQUIRED TO BE REGISTERED PURSUANT TO SUBDIVISION SIX OF THIS SECTION.
  11. 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.
  12. 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.
  13. FOR PURPOSES OF THIS SECTION:
  (A) "ANIMAL SHELTER" MEANS  PUBLIC  OR  PRIVATELY  OWNED  ORGANIZATION
INCLUDING,  BUT  NOT  LIMITED  TO, ANY DULY INCORPORATED HUMANE SOCIETY,
POUND, ANIMAL PROTECTIVE ASSOCIATION OR ANIMAL RESCUE GROUP WHICH  MAIN-
TAINS BUILDINGS, STRUCTURES OR OTHER PROPERTY FOR THE PURPOSE OF HARBOR-
ING  ANIMALS WHICH MAY BE STRAY, UNWANTED, LOST, ABANDONED OR ABUSED AND
SEEKS TO FIND APPROPRIATE TEMPORARY OR PERMANENT HOMES FOR SUCH ANIMALS.
  (B) "PET DEALER" MEANS  ANY  INDIVIDUAL,  PERSON,  PARTNERSHIP,  FIRM,
CORPORATION  OR OTHER ENTITY WHICH OFFERS ANIMALS FOR SALE OR IS ENGAGED
IN THE SALE, EXCHANGE OR OTHER TRANSFER OF OWNERSHIP OF ANIMALS.
  S 2. This act shall take effect immediately.

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