Assembly Bill A239A

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

                                 239--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A. ROSENTHAL, LUPARDO, DINOWITZ, COLTON, JAFFEE,
  HEVESI, MILLMAN,  BENEDETTO,  KAVANAGH,  KELLNER,  MONTESANO,  TITONE,
  ENGLEBRIGHT,  OTIS,  SKOUFIS,  PERRY -- Multi-Sponsored by -- M. of A.
  COOK, CORWIN, GLICK, GOTTFRIED, HOOPER, P. LOPEZ, MAGEE,  MALLIOTAKIS,
  MARKEY,  McDONOUGH, McKEVITT, MILLER, RAIA, SCHIMEL, SWEENEY, TEDISCO,
  THIELE, WEISENBERG -- read once and referred to the Committee on Agri-
  culture -- recommitted to the Committee on Agriculture  in  accordance
  with Assembly Rule 3, sec. 2 -- reported and referred to the Committee
  on  Codes  -- 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 database

  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  1970s  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 DATABASE.  1. THE DIVISION SHALL ESTABLISH AND
MAINTAIN A CRIME DATABASE OF ALL CONVICTIONS IN NEW YORK STATE OF ANIMAL
CRUELTY,  ANIMAL  FIGHTING,  ANIMAL  NEGLECT,  ANIMAL  ABANDONMENT,  AND

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

                                                           LBD02346-03-4

A. 239--A                           2

MISTREATMENT  OF ANIMALS AS SET FORTH IN ARTICLE TWENTY-SIX OF THE AGRI-
CULTURE AND MARKETS LAW AND THE PENAL LAW  WHERE  DATA  OF  SUCH  CRIMES
SHALL  BE  COLLECTED AND DISPLAYED IN A MANNER THAT FACILITATES ANALYSIS
AND  THE  PROTECTION  OF  ANIMALS.  FOR  THE  PURPOSE  OF  THIS SECTION,
CONVICTIONS SHALL ALSO INCLUDE PLEAS  TO  A  CHARGE  OTHER  THAN  ANIMAL
CRUELTY,  ANIMAL  FIGHTING,  ANIMAL  NEGLECT,  ANIMAL  ABANDONMENT,  AND
MISTREATMENT OF ANIMALS AS SET FORTH IN ARTICLE TWENTY-SIX OF THE  AGRI-
CULTURE  AND MARKETS LAW AND THE PENAL LAW IN SATISFACTION OF THE ANIMAL
CRUELTY, ANIMAL FIGHTING, ANIMAL NEGLECT, ANIMAL  ABANDONMENT  OR  OTHER
ANIMAL MISTREATMENT CHARGE OR WHERE THE ANIMAL CRUELTY, ANIMAL FIGHTING,
ANIMAL  NEGLECT,  ANIMAL ABANDONMENT OR OTHER ANIMAL MISTREATMENT CHARGE
HAS NOT RESULTED IN A DISMISSAL ON THE MERITS.
  2. SUCH CRIME DATABASE SHALL INCLUDE, BUT NOT BE LIMITED TO, NAMES AND
AGES OF PERSONS EIGHTEEN YEARS OF AGE OR OLDER WHO HAVE  BEEN  CONVICTED
OF  ANIMAL  CRUELTY, ANIMAL FIGHTING, ANIMAL NEGLECT, ANIMAL ABANDONMENT
AND OTHER LAWS PERTAINING TO THE MISTREATMENT OF ANIMALS AS SET FORTH IN
ARTICLE TWENTY-SIX OF THE AGRICULTURE AND MARKETS LAW AND THE PENAL LAW,
THE SPECIFIC ACTS OF ANIMAL CRUELTY, ANIMAL  FIGHTING,  ANIMAL  NEGLECT,
ANIMAL ABANDONMENT OR THE MISTREATMENT OF ANIMALS THAT WERE THE BASIS OF
THE  CONVICTION,  THE  DATE OR DATES THE ACTS TOOK PLACE, AND THE COUNTY
WHERE SUCH ACTS TOOK PLACE.
  3. THE CRIME DATABASE 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  AND  CAT  PROTECTIVE ASSOCIATIONS AND ANIMAL
CONTROL OFFICERS.
  4. NOTHING IN THIS SECTION SHALL BE CONSTRUED  TO  LIMIT  OR  RESTRICT
MUNICIPALITIES FROM ENACTING OR ENFORCING LOCAL LAWS, RULES, REGULATIONS
OR  ORDINANCES  ESTABLISHING AND MAINTAINING AN ANIMAL ABUSE REGISTRY OR
DATABASE OR OTHER MEANS OF TRACKING OR IDENTIFYING PERSONS CHARGED  WITH
VIOLATING ANIMAL ABUSE LAWS.
  S  3. This act shall take effect June 1, 2015, 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.