Assembly Bill A1766A

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

                                 1766--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 11, 2011
                               ___________

Introduced  by  M.  of A. ROSENTHAL, SPANO, GABRYSZAK, LUPARDO, BOYLAND,
  DINOWITZ,  COLTON,  JAFFEE,  HEVESI,   MILLMAN,   BENEDETTO,   CASTRO,
  KAVANAGH, KELLNER, MONTESANO -- Multi-Sponsored by -- M. of A. CASTEL-
  LI,  COOK,  CORWIN,  GIBSON,  GLICK, GOTTFRIED, HOOPER, JORDAN, MAGEE,
  MAISEL, MALLIOTAKIS, MARKEY, McDONOUGH, McKEVITT, M. MILLER,  PHEFFER,
  RAIA,  SCHIMEL,  SWEENEY, THIELE, WEISENBERG -- read once and referred
  to the Committee on Agriculture -- 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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02255-02-1
              

A. 1766--A                          2

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 June 1, 2013, 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.