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

                                  8443

                          I N  A S S E M B L Y

                            January 15, 2014
                               ___________

Introduced by M. of A. BARRETT, TEDISCO -- read once and referred to the
  Committee on Agriculture

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
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

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

A                                                          LBD05780-04-3

A. 8443                             2

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.