S T A T E O F N E W Y O R K
________________________________________________________________________
1506--A
2011-2012 Regular Sessions
I N A S S E M B L Y
January 10, 2011
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Introduced by M. of A. TEDISCO, KATZ, CORWIN, CALHOUN, BUTLER, BURLING,
MURRAY, McDONOUGH, GIGLIO, TENNEY, McLAUGHLIN, STEVENSON, P. RIVERA,
M. MILLER, COLTON, N. RIVERA, RAIA, JOHNS -- Multi-Sponsored by -- M.
of A. ARROYO, BROOK-KRASNY, CASTELLI, CERETTO, CONTE, FINCH, KOLB,
MAGEE, RABBITT, THIELE, WEISENBERG -- read once and referred to the
Committee on Agriculture -- recommitted to the Committee on Agricul-
ture 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 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-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02229-05-2
A. 1506--A 2
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
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.