assembly Bill A4516A

2013-2014 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 - STRICKEN


  • 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
Dec 23, 2013 enacting clause stricken
Apr 12, 2013 print number 4516a
amend (t) and recommit to agriculture
Feb 05, 2013 referred to agriculture

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

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A4516 - Bill Details

See Senate Version of this Bill:
S2305A
Current Committee:
Law Section:
Agriculture and Markets Law
Laws Affected:
Add §352, Ag & Mkts L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A1506A, S3804A
2009-2010: A10998

A4516 - 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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4516

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2013
                               ___________

Introduced by M. of A. TEDISCO, KATZ, CORWIN, BUTLER, McDONOUGH, GIGLIO,
  TENNEY,  McLAUGHLIN,  STEVENSON, MILLER, COLTON, RAIA, JOHNS -- Multi-
  Sponsored by -- M. of A.  ARROYO, BROOK-KRASNY, CERETTO, FINCH,  KOLB,
  MAGEE,  RABBITT,  THIELE,  WEISENBERG -- read once and referred 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. 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.
                                                           LBD05780-01-3

A. 4516                             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.

Co-Sponsors

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A4516A (ACTIVE) - Bill Details

See Senate Version of this Bill:
S2305A
Current Committee:
Law Section:
Agriculture and Markets Law
Laws Affected:
Add §352, Ag & Mkts L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A1506A, S3804A
2009-2010: A10998

A4516A (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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4516--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2013
                               ___________

Introduced by M. of A. TEDISCO, KATZ, CORWIN, BUTLER, McDONOUGH, GIGLIO,
  TENNEY,  McLAUGHLIN,  STEVENSON, MILLER, COLTON, RAIA, JOHNS -- Multi-
  Sponsored by -- M. of A. ARROYO, BROOK-KRASNY, CERETTO,  FINCH,  KOLB,
  MAGEE,  RABBITT,  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 agriculture and markets law, in relation to estab-
  lishing a public 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. PUBLIC 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
THE  PUBLIC AS WELL AS 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, ANIMAL RESCUES AND PET STORES DOING BUSI-
NESS 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05780-03-3

A. 4516--A                          2

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  SHEL-
TER, POUND, PET STORE, ZOO OR OTHER BUSINESS ESTABLISHMENT WHERE COMPAN-
ION  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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