senate Bill S1594C

2013-2014 Legislative Session

Creates the animal abuser central registry, and to require that certain convicted animal abusers register with such registry

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Sponsored By

Archive: Last Bill Status - In Committee


  • 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
Jan 08, 2014 referred to agriculture
May 10, 2013 print number 1594c
amend and recommit to agriculture
Apr 17, 2013 print number 1594b
amend and recommit to agriculture
Feb 13, 2013 print number 1594a
amend and recommit to agriculture
Jan 09, 2013 referred to agriculture

Bill Amendments

Original
A
B
C (Active)
Original
A
B
C (Active)

S1594 - Bill Details

See Assembly Version of this Bill:
A7363
Current Committee:
Senate Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Add §380, Ag & Mkts L
Versions Introduced in 2011-2012 Legislative Session:
S6875A

S1594 - Bill Texts

view summary

Creates the animal abuser central registry, and requires that certain convicted animal abusers register with such registry; provides such registrants are prohibited from possessing, adopting, owning, purchasing or exercising control over any animal except in certain cases in the court's discretion; provides fines and imprisonment for non-compliance.

view sponsor memo
BILL NUMBER:S1594

TITLE OF BILL:
An act
to amend the agriculture and markets law, in relation to creating
the animal abuser central registry, and to
require that certain convicted animal abusers register with such
registry

PURPOSE OR GENERAL IDEA OF BILL: This legislation
creates an animal
abuse central registry.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 creates a central registry
of individuals (over the age of 18) convicted of animal abuse and
requires animal abusers to register. Section 1 specifically
enumerates what violations of sections of law would require an
individual to register. This section further outlines what
information must be provided to the registry Further this section
prohibits an individual who registers under this act from owning an
animal unless a court finds otherwise. This section further requires
animal shelters and pet dealers to check with the registry-Section 2
is the effective date.

JUSTIFICATION:
Animal abusers are heinous individuals who hurt and
kill animals that axe incapable of defending themselves. An
individual who is convicted of animal abuse should lose their right
to have an animal. Violators of this law should be punished severely.
Creating an animal abuse registry will help ensure that animal
abusers are not able to own more possible victims of their future
violence.

PRIOR LEGISLATIVE HISTORY:
S. 6875 Referred to Senate Agriculture Committee in 2012

FISCAL IMPLICATIONS: Minimal

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  1594

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture

AN ACT to amend the agriculture and markets law, in relation to creating
  the animal abuser  central  registry,  and  to  require  that  certain
  convicted animal abusers register with such registry

  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 380 to read as follows:
  S 380. ANIMAL ABUSER REGISTRY. 1. THE COMMISSIONER SHALL ESTABLISH AND
MAINTAIN A CENTRAL REGISTRY OF INDIVIDUALS CONVICTED OF ANIMAL ABUSE AND
REQUIRED TO REGISTER PURSUANT TO THE PROVISIONS OF THIS SECTION.
  2. ANY PERSON OVER EIGHTEEN YEARS OF AGE WHO HAS BEEN CONVICTED OF ONE
OR  MORE OF THE FOLLOWING OFFENSES SHALL REGISTER WITH THE ANIMAL ABUSER
REGISTRY:
  (A) A FELONY VIOLATION OF ANY PROVISION OF THIS ARTICLE;
  (B)  A  VIOLATION  OF  THE  PROVISIONS  OF   SECTION   THREE   HUNDRED
FIFTY-THREE,  THREE  HUNDRED  FIFTY-THREE-B,  THREE  HUNDRED FIFTY-FOUR,
THREE HUNDRED FIFTY-FIVE, THREE HUNDRED FIFTY-SIX, THREE HUNDRED  FIFTY-
SEVEN,  THREE  HUNDRED  FIFTY-EIGHT,  THREE HUNDRED FIFTY-EIGHT-A, THREE
HUNDRED FIFTY-NINE, THREE HUNDRED FIFTY-NINE-A, THREE HUNDRED SIXTY-TWO,
THREE  HUNDRED  SIXTY-FOUR,  THREE  HUNDRED  SIXTY-FIVE,  THREE  HUNDRED
SIXTY-SIX,  THREE  HUNDRED SIXTY-SIX-A, THREE HUNDRED SIXTY-EIGHT, THREE
HUNDRED SIXTY-NINE OR THREE HUNDRED SEVENTY OF THIS ARTICLE;
  (C) A VIOLATION OF THE PROVISIONS OF SECTION 195.06, 195.11 OR  195.12
OF THE PENAL LAW;
  (D)  A  VIOLATION OF ANY PROVISION OF ARTICLE TWO HUNDRED FORTY-TWO OF
THE PENAL LAW;
  (E) A VIOLATION OF THE PROVISIONS OF SECTION 130.20 OF THE PENAL  LAW;
OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04777-01-3

S. 1594                             2

  (F) A VIOLATION OF COMPARABLE STATUTES OF ANOTHER STATE.
  3.  UPON  CONVICTION  OF  ANY OFFENSE SET FORTH IN PARAGRAPH (A), (B),
(C), (D) OR (E) OF SUBDIVISION TWO OF  THIS  SECTION,  THE  COURT  SHALL
CERTIFY  THAT THE CONVICTED PERSON IS AN ANIMAL ABUSER AND SHALL INCLUDE
THE CERTIFICATION IN THE JUDGMENT OF CONVICTION AND THE ORDER OF COMMIT-
MENT, IF ANY. THE  COURT  SHALL  PROVIDE  A  COPY  OF  THE  JUDGMENT  OF
CONVICTION  TO THE CENTRAL REGISTRY WITHIN FIVE DAYS OF THE ENTRY OF THE
JUDGMENT OF CONVICTION. THE COURT SHALL ALSO ADVISE THE ANIMAL ABUSER OF
HIS OR HER DUTIES UNDER THIS ARTICLE.   FAILURE TO INCLUDE  THE  CERTIF-
ICATION  IN  THE JUDGMENT OF CONVICTION OR THE ORDER OF COMMITMENT SHALL
NOT RELIEVE AN ANIMAL ABUSER OF THE OBLIGATIONS IMPOSED BY THIS SECTION.
  4. A PERSON CONVICTED OF A VIOLATION OF ANOTHER STATE'S  ANIMAL  ABUSE
STATUTE  AS PROVIDED IN PARAGRAPH (F) OF SUBDIVISION TWO OF THIS SECTION
WHO SUBSEQUENTLY BECOMES A RESIDENT OF THIS STATE SHALL,  WITHIN  THIRTY
DAYS OF ENTERING THE STATE, REGISTER WITH THE CENTRAL REGISTRY.
  5.  (A) EACH REGISTRANT SHALL PROVIDE THE FOLLOWING INFORMATION TO THE
REGISTRY AT THE TIME OF REGISTRATION:
  (1) THE REGISTRANT'S NAME, ALL ALIASES USED, DATE OF BIRTH, SEX, RACE,
HEIGHT, WEIGHT, EYE COLOR, DRIVER'S  LICENSE  NUMBER  AND  CURRENT  HOME
ADDRESS AND/OR EXPECTED PLACE OF DOMICILE;
  (2)  A  DESCRIPTION  OF  ANY  TATTOOS,  SCARS  OR OTHER DISTINGUISHING
FEATURES ON THE ANIMAL ABUSER'S BODY THAT WOULD  ASSIST  IN  IDENTIFYING
THE ANIMAL ABUSER;
  (3)  A  DESCRIPTION  OF  THE  OFFENSE  FOR  WHICH  THE  REGISTRANT WAS
CONVICTED, THE DATE OF CONVICTION AND THE SENTENCE IMPOSED; AND
  (4) ANY OTHER INFORMATION DEEMED PERTINENT BY THE CENTRAL REGISTRY.
  (B) THE CENTRAL REGISTRY SHALL  UTILIZE  A  STANDARDIZED  REGISTRATION
FORM IN A FORMAT DEVELOPED BY THE COMMISSIONER. SUCH FORM SHALL BE WRIT-
TEN IN CLEAR AND CONCISE LANGUAGE AND SHALL ADVISE THE REGISTRANT OF HIS
OR  HER  DUTIES AND OBLIGATIONS UNDER THIS ARTICLE. A COPY OF THE REGIS-
TRATION FORM SHALL BE PROVIDED TO THE REGISTRANT AT THE TIME  OF  REGIS-
TRATION.
  6.  (A)  FOLLOWING A REGISTRANT'S INITIAL REGISTRATION PURSUANT TO THE
PROVISIONS OF THIS SECTION, THE REGISTRANT SHALL ANNUALLY RENEW  HIS  OR
HER   REGISTRATION   WITH   THE   CENTRAL  REGISTRY  PRIOR  TO  DECEMBER
THIRTY-FIRST OF EACH SUBSEQUENT CALENDAR  YEAR  FOR  A  PERIOD  OF  FIVE
YEARS.
  (B)  IF  A  PERSON  HAS  BEEN SUBSEQUENTLY CONVICTED OF AN OFFENSE SET
FORTH IN PARAGRAPH (A), (B), (C), (D) OR (E) OF SUBDIVISION TWO OF  THIS
SECTION,  THE  REGISTRANT  SHALL  ANNUALLY RENEW HIS OR HER REGISTRATION
WITH THE CENTRAL REGISTRY PRIOR TO DECEMBER THIRTY-FIRST OF EACH  SUBSE-
QUENT CALENDAR YEAR FOR A PERIOD OF TEN YEARS.
  7.  THE  CENTRAL  REGISTRY SHALL CHARGE AN ANNUAL FEE OF FIFTY DOLLARS
AND A FEE OF TEN DOLLARS EACH TIME A REGISTRANT REGISTERS ANY CHANGE  OF
ADDRESS.  THE  FEES  SHALL BE PAID TO THE CENTRAL REGISTRY BY THE REGIS-
TRANT.
  8. (A) A PERSON REQUIRED TO  REGISTER  PURSUANT  TO  THIS  SECTION  IS
PROHIBITED  FROM, POSSESSING, ADOPTING, OWNING, PURCHASING OR EXERCISING
CONTROL OVER ANY ANIMAL FOR THE PERIOD SUCH PERSON IS REQUIRED TO REGIS-
TER; PROVIDED, HOWEVER, THAT THE COURT MAY ALLOW SUCH PERSON TO POSSESS,
ADOPT, OWN, PURCHASE OR  EXERCISE  CONTROL  OVER  A  LIMITED  NUMBER  OF
ANIMALS IN CERTAIN CASES.
  (B)  ALL  ANIMAL  SHELTERS  AND  PET DEALERS SHALL EXAMINE THE CENTRAL
REGISTRY TO CONFIRM THAT ANY POTENTIAL OWNERS ARE  NOT  REGISTRANTS.  NO
ANIMAL  SHALL  BE  SOLD, EXCHANGED OR OTHERWISE TRANSFERRED TO AN ANIMAL
ABUSER LISTED ON THE REGISTRY.

S. 1594                             3

  9. (A) AN ANIMAL ABUSER WHO INTENTIONALLY OR KNOWINGLY FAILS TO COMPLY
WITH THE REGISTRATION REQUIREMENTS, OR PROVIDES FALSE  INFORMATION  WHEN
COMPLYING  WITH THE REGISTRATION REQUIREMENTS SET FORTH IN THIS SECTION,
OR WHO VIOLATES THE PROVISIONS OF PARAGRAPH (A) OF SUBDIVISION EIGHT  OF
THIS SECTION, IS GUILTY OF A FELONY:
  (1)  PUNISHABLE BY IMPRISONMENT FOR A PERIOD NOT TO EXCEED FOUR YEARS,
OR BY A FINE NOT TO EXCEED FIVE THOUSAND DOLLARS, OR BY BOTH  SUCH  FINE
AND IMPRISONMENT FOR A FIRST OFFENSE; AND
  (2)  PUNISHABLE BY IMPRISONMENT FOR A PERIOD NOT TO EXCEED FOUR YEARS,
OR BY A FINE NOT TO EXCEED TEN THOUSAND DOLLARS, OR BY  BOTH  SUCH  FINE
AND IMPRISONMENT FOR SUBSEQUENT OFFENSES.
  (B)  ANY  ANIMAL  SHELTER  OR PET DEALER WHO VIOLATES PARAGRAPH (B) OF
SUBDIVISION EIGHT OF THIS SECTION SHALL BE GUILTY  OF  A  VIOLATION  AND
SUBJECT  TO  A  FINE  NOT TO EXCEED ONE THOUSAND DOLLARS. IT SHALL BE AN
AFFIRMATIVE DEFENSE THAT THE ANIMAL SHELTER OR PET DEALER  EXAMINED  THE
CENTRAL  ANIMAL  ABUSER REGISTRY AND THE NAME OF THE PERSON TO WHOM THEY
SOLD OR TRANSFERRED AN ANIMAL DID NOT APPEAR THEREON.
  10. REGISTRATION INFORMATION CONTAINED  IN  THE  CENTRAL  REGISTRY  OF
ANIMAL  ABUSERS  SHALL  BE MADE AVAILABLE TO THE PUBLIC THROUGH INTERNET
ACCESS, TELEPHONE ACCESS, WRITTEN ACCESS AND IN PERSON  ACCESS.  ALL  OF
THE  INFORMATION  CONTAINED  IN AN ANIMAL ABUSER'S REGISTRATION SHALL BE
MADE AVAILABLE. RECORDS OF EACH ANIMAL ABUSER'S  REGISTRATION  SHALL  BE
MAINTAINED  FOR THE DURATION OF THE PERIOD IN WHICH THE ANIMAL ABUSER IS
REQUIRED TO BE REGISTERED PURSUANT TO SUBDIVISION SIX OF THIS SECTION.
  11. NO OFFICIAL, AGENCY, AUTHORIZED PERSON OR ENTITY,  WHETHER  PUBLIC
OR  PRIVATE,  SHALL  BE  SUBJECT  TO ANY CIVIL OR CRIMINAL LIABILITY FOR
DAMAGES FOR ANY DECISION OR ACTION MADE IN THE ORDINARY COURSE OF  BUSI-
NESS  OF  THAT  OFFICIAL,  AGENCY, AUTHORIZED PERSON OR ENTITY, PROVIDED
THAT SUCH OFFICIAL, AGENCY, AUTHORIZED PERSON OR ENTITY ACTED REASONABLY
AND IN GOOD FAITH WITH RESPECT TO SUCH REGISTRY INFORMATION.
  12. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS AS MAY  BE
NECESSARY TO EFFECTUATE THE PROVISIONS AND INTENT OF THIS SECTION AND TO
ENFORCE  REGISTRATION,  ALL  OF WHICH SHALL HAVE THE FORCE AND EFFECT OF
LAW.
  13. FOR PURPOSES OF THIS SECTION:
  (A) "ANIMAL SHELTER" MEANS  PUBLIC  OR  PRIVATELY  OWNED  ORGANIZATION
INCLUDING,  BUT  NOT  LIMITED  TO, ANY DULY INCORPORATED HUMANE SOCIETY,
POUND, ANIMAL PROTECTIVE ASSOCIATION OR ANIMAL RESCUE GROUP WHICH  MAIN-
TAINS BUILDINGS, STRUCTURES OR OTHER PROPERTY FOR THE PURPOSE OF HARBOR-
ING  ANIMALS WHICH MAY BE STRAY, UNWANTED, LOST, ABANDONED OR ABUSED AND
SEEKS TO FIND APPROPRIATE TEMPORARY OR PERMANENT HOMES FOR SUCH ANIMALS.
  (B) "PET DEALER" MEANS  ANY  INDIVIDUAL,  PERSON,  PARTNERSHIP,  FIRM,
CORPORATION  OR OTHER ENTITY WHICH OFFERS ANIMALS FOR SALE OR IS ENGAGED
IN THE SALE, EXCHANGE OR OTHER TRANSFER OF OWNERSHIP OF ANIMALS.
  S 2. This act shall take effect immediately.

S1594A - Bill Details

See Assembly Version of this Bill:
A7363
Current Committee:
Senate Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Add §380, Ag & Mkts L
Versions Introduced in 2011-2012 Legislative Session:
S6875A

S1594A - Bill Texts

view summary

Creates the animal abuser central registry, and requires that certain convicted animal abusers register with such registry; provides such registrants are prohibited from possessing, adopting, owning, purchasing or exercising control over any animal except in certain cases in the court's discretion; provides fines and imprisonment for non-compliance.

view sponsor memo
BILL NUMBER:S1594A

TITLE OF BILL: An act to amend the agriculture and markets law, in
relation to creating the animal abuser central registry, and to
require that certain convicted animal abusers register with such
registry

PURPOSE OR GENERAL IDEA OF BILL: This legislation creates an animal
abuse central registry.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 creates a central registry
of individuals (over the age of 18) convicted of animal abuse and
requires animal abusers to register. Section 1 specifically enumerates
what violations of sections of law would require an individual to
register. This section further outlines what information must be
provided to the registry. Further this section prohibits an individual
who registers under this act from owning a companion animal unless a
court finds otherwise. This section further requires animal shelters
and pet dealers to check with the registry. Section 2 is the effective
date.

JUSTIFICATION:

Animal abusers are heinous individuals who hurt and kill animals that
are incapable of defending themselves. An individual who is convicted
of animal abuse should lose their right to have a companion animal.
Violators of this law should be punished severely. Creating an animal
abuse registry will help ensure that animal abusers are not able to
own more possible victims of their future violence.

PRIOR LEGISLATIVE HISTORY: S. 6875 Referred to Senate Agriculture
Committee in 2012

FISCAL IMPLICATIONS: Minimal

EFFECTIVE DATE: This act shall take effect immediately.

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

                                 1594--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed 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 creating
  the  animal  abuser  central  registry,  and  to  require that certain
  convicted animal abusers register with such registry

  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 380 to read as follows:
  S 380. ANIMAL ABUSER REGISTRY. 1. THE COMMISSIONER SHALL ESTABLISH AND
MAINTAIN A CENTRAL REGISTRY OF INDIVIDUALS CONVICTED OF ANIMAL ABUSE AND
REQUIRED TO REGISTER PURSUANT TO THE PROVISIONS OF THIS SECTION.
  2. ANY PERSON OVER EIGHTEEN YEARS OF AGE WHO HAS BEEN CONVICTED OF ONE
OR MORE OF THE FOLLOWING OFFENSES SHALL REGISTER WITH THE COUNTY SHERIFF
FOR THE COUNTY IN WHICH THE ANIMAL ABUSER RESIDES:
  (A) A FELONY VIOLATION OF ANY PROVISION OF THIS ARTICLE;
  (B)  A  VIOLATION  OF  THE  PROVISIONS  OF   SECTION   THREE   HUNDRED
FIFTY-THREE,  THREE  HUNDRED  FIFTY-THREE-B,  THREE  HUNDRED SIXTY-FIVE,
THREE HUNDRED SIXTY-SIX OR THREE HUNDRED SIXTY-SIX-A OF THIS ARTICLE;
  (C) A VIOLATION OF THE PROVISIONS OF SECTION 195.06, 195.11 OR  195.12
OF THE PENAL LAW;
  (D)  A  VIOLATION OF ANY PROVISION OF ARTICLE TWO HUNDRED FORTY-TWO OF
THE PENAL LAW;
  (E) A VIOLATION OF SUBDIVISION THREE OF SECTION 130.20  OF  THE  PENAL
LAW; OR
  (F) A VIOLATION OF COMPARABLE STATUTES OF ANOTHER STATE.
  3.  UPON  CONVICTION  OF  ANY OFFENSE SET FORTH IN PARAGRAPH (A), (B),
(C), (D) OR (E) OF SUBDIVISION TWO OF  THIS  SECTION,  THE  COURT  SHALL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04777-05-3

S. 1594--A                          2

CERTIFY  THAT THE CONVICTED PERSON IS AN ANIMAL ABUSER AND SHALL INCLUDE
THE CERTIFICATION IN THE JUDGMENT OF CONVICTION AND THE ORDER OF COMMIT-
MENT, IF ANY. THE  COURT  SHALL  PROVIDE  A  COPY  OF  THE  JUDGMENT  OF
CONVICTION  TO  THE  COUNTY SHERIFF WITHIN FIVE DAYS OF THE ENTRY OF THE
JUDGMENT OF CONVICTION. THE COURT SHALL ALSO ADVISE THE ANIMAL ABUSER OF
HIS OR HER DUTIES UNDER THIS ARTICLE.   FAILURE TO INCLUDE  THE  CERTIF-
ICATION  IN  THE JUDGMENT OF CONVICTION OR THE ORDER OF COMMITMENT SHALL
NOT RELIEVE AN ANIMAL ABUSER OF THE OBLIGATIONS IMPOSED BY THIS SECTION.
  4. A PERSON CONVICTED OF A VIOLATION OF ANOTHER STATE'S  ANIMAL  ABUSE
STATUTE  AS PROVIDED IN PARAGRAPH (F) OF SUBDIVISION TWO OF THIS SECTION
WHO SUBSEQUENTLY BECOMES A RESIDENT OF THIS STATE SHALL,  WITHIN  THIRTY
DAYS OF ENTERING THE STATE, REGISTER WITH THE CENTRAL REGISTRY.
  5.  (A) EACH REGISTRANT SHALL PROVIDE THE FOLLOWING INFORMATION TO THE
COUNTY SHERIFF AT THE TIME OF REGISTRATION:
  (1) THE REGISTRANT'S NAME, ALL ALIASES USED, DATE OF BIRTH, SEX, RACE,
HEIGHT, WEIGHT, EYE COLOR, DRIVER'S  LICENSE  NUMBER  AND  CURRENT  HOME
ADDRESS AND/OR EXPECTED PLACE OF DOMICILE;
  (2)  A  DESCRIPTION  OF  ANY  TATTOOS,  SCARS  OR OTHER DISTINGUISHING
FEATURES ON THE ANIMAL ABUSER'S BODY THAT WOULD  ASSIST  IN  IDENTIFYING
THE ANIMAL ABUSER;
  (3)  A  DESCRIPTION  OF  THE  OFFENSE  FOR  WHICH  THE  REGISTRANT WAS
CONVICTED, THE DATE OF CONVICTION AND THE SENTENCE IMPOSED; AND
  (4) ANY OTHER INFORMATION DEEMED PERTINENT BY THE CENTRAL REGISTRY.
  (B) THE CENTRAL REGISTRY SHALL  UTILIZE  A  STANDARDIZED  REGISTRATION
FORM IN A FORMAT DEVELOPED BY THE COMMISSIONER. SUCH FORM SHALL BE WRIT-
TEN IN CLEAR AND CONCISE LANGUAGE AND SHALL ADVISE THE REGISTRANT OF HIS
OR  HER  DUTIES AND OBLIGATIONS UNDER THIS ARTICLE. A COPY OF THE REGIS-
TRATION FORM SHALL BE PROVIDED TO THE REGISTRANT AT THE TIME  OF  REGIS-
TRATION.
  6.  (A)  FOLLOWING A REGISTRANT'S INITIAL REGISTRATION PURSUANT TO THE
PROVISIONS OF THIS SECTION, THE REGISTRANT SHALL ANNUALLY RENEW  HIS  OR
HER  REGISTRATION WITH THE COUNTY SHERIFF PRIOR TO DECEMBER THIRTY-FIRST
OF EACH SUBSEQUENT CALENDAR YEAR FOR A PERIOD OF FIVE YEARS.
  (B) IF A PERSON HAS BEEN SUBSEQUENTLY  CONVICTED  OF  AN  OFFENSE  SET
FORTH  IN PARAGRAPH (A), (B), (C), (D) OR (E) OF SUBDIVISION TWO OF THIS
SECTION, THE REGISTRANT SHALL ANNUALLY RENEW  HIS  OR  HER  REGISTRATION
WITH  THE CENTRAL REGISTRY PRIOR TO DECEMBER THIRTY-FIRST OF EACH SUBSE-
QUENT CALENDAR YEAR FOR A PERIOD OF TEN YEARS.
  7. THE CENTRAL REGISTRY SHALL CHARGE AN ANNUAL FEE  OF  FIFTY  DOLLARS
AND  A FEE OF TEN DOLLARS EACH TIME A REGISTRANT REGISTERS ANY CHANGE OF
ADDRESS. THE FEES SHALL BE PAID TO THE COUNTY SHERIFF BY THE REGISTRANT.
  8. (A) A PERSON REQUIRED TO  REGISTER  PURSUANT  TO  THIS  SECTION  IS
PROHIBITED  FROM, POSSESSING, ADOPTING, OWNING, PURCHASING OR EXERCISING
CONTROL OVER ANY COMPANION ANIMAL FOR THE PERIOD SUCH PERSON IS REQUIRED
TO REGISTER; PROVIDED, HOWEVER, THAT THE COURT MAY ALLOW SUCH PERSON  TO
POSSESS,  ADOPT, OWN, PURCHASE OR EXERCISE CONTROL OVER A LIMITED NUMBER
OF COMPANION ANIMALS WHERE SUCH PERSON IS DETERMINED TO BE A HOARDER  OF
COMPANION ANIMALS.
  (B)  ALL  ANIMAL  SHELTERS  AND  PET DEALERS SHALL EXAMINE THE CENTRAL
REGISTRY TO CONFIRM THAT ANY POTENTIAL OWNERS ARE  NOT  REGISTRANTS.  NO
COMPANION ANIMAL SHALL BE SOLD, EXCHANGED OR OTHERWISE TRANSFERRED TO AN
ANIMAL ABUSER LISTED ON THE REGISTRY.
  9. (A) AN ANIMAL ABUSER WHO INTENTIONALLY OR KNOWINGLY FAILS TO COMPLY
WITH  THE  REGISTRATION REQUIREMENTS, OR PROVIDES FALSE INFORMATION WHEN
COMPLYING WITH THE REGISTRATION REQUIREMENTS SET FORTH IN THIS  SECTION,

S. 1594--A                          3

OR  WHO VIOLATES THE PROVISIONS OF PARAGRAPH (A) OF SUBDIVISION EIGHT OF
THIS SECTION, IS GUILTY OF A FELONY:
  (1)  PUNISHABLE BY IMPRISONMENT FOR A PERIOD NOT TO EXCEED FOUR YEARS,
OR BY A FINE NOT TO EXCEED FIVE THOUSAND DOLLARS, OR BY BOTH  SUCH  FINE
AND IMPRISONMENT FOR A FIRST OFFENSE; AND
  (2)  PUNISHABLE BY IMPRISONMENT FOR A PERIOD NOT TO EXCEED FOUR YEARS,
OR BY A FINE NOT TO EXCEED TEN THOUSAND DOLLARS, OR BY  BOTH  SUCH  FINE
AND IMPRISONMENT FOR SUBSEQUENT OFFENSES.
  (B)  ANY  ANIMAL  SHELTER  OR PET DEALER WHO VIOLATES PARAGRAPH (B) OF
SUBDIVISION EIGHT OF THIS SECTION SHALL BE GUILTY  OF  A  VIOLATION  AND
SUBJECT  TO  A  FINE  NOT TO EXCEED ONE THOUSAND DOLLARS. IT SHALL BE AN
AFFIRMATIVE DEFENSE THAT THE ANIMAL SHELTER OR PET DEALER  EXAMINED  THE
CENTRAL  ANIMAL  ABUSER REGISTRY AND THE NAME OF THE PERSON TO WHOM THEY
SOLD OR TRANSFERRED A COMPANION ANIMAL DID NOT APPEAR THEREON.
  10. EACH COUNTY SHERIFF SHALL MAINTAIN  A  LOCAL  REGISTRY  OF  ANIMAL
ABUSERS IN THE SHERIFF'S JURISDICTION.
  11.  A  COUNTY  SHERIFF  SHALL  FORWARD  ALL  REGISTRATION INFORMATION
OBTAINED FROM ANIMAL ABUSERS TO THE CENTRAL REGISTRY OF ANIMAL ABUSERS.
  12. REGISTRATION INFORMATION CONTAINED  IN  THE  CENTRAL  REGISTRY  OF
ANIMAL  ABUSERS  SHALL  BE MADE AVAILABLE TO THE PUBLIC THROUGH INTERNET
ACCESS, TELEPHONE ACCESS, WRITTEN ACCESS AND IN PERSON  ACCESS.  ALL  OF
THE  INFORMATION  CONTAINED  IN AN ANIMAL ABUSER'S REGISTRATION SHALL BE
MADE AVAILABLE WITH  THE  EXCEPTION  OF  THE  ANIMAL  ABUSER'S  DRIVER'S
LICENSE  NUMBER.   RECORDS OF EACH ANIMAL ABUSER'S REGISTRATION SHALL BE
MAINTAINED FOR THE DURATION OF THE PERIOD IN WHICH THE ANIMAL ABUSER  IS
REQUIRED TO BE REGISTERED PURSUANT TO SUBDIVISION SIX OF THIS SECTION.
  13.  NO  OFFICIAL, AGENCY, AUTHORIZED PERSON OR ENTITY, WHETHER PUBLIC
OR PRIVATE, SHALL BE SUBJECT TO ANY  CIVIL  OR  CRIMINAL  LIABILITY  FOR
DAMAGES  FOR ANY DECISION OR ACTION MADE IN THE ORDINARY COURSE OF BUSI-
NESS OF THAT OFFICIAL, AGENCY, AUTHORIZED  PERSON  OR  ENTITY,  PROVIDED
THAT SUCH OFFICIAL, AGENCY, AUTHORIZED PERSON OR ENTITY ACTED REASONABLY
AND IN GOOD FAITH WITH RESPECT TO SUCH REGISTRY INFORMATION.
  14.  THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS AS MAY BE
NECESSARY TO EFFECTUATE THE PROVISIONS AND INTENT OF THIS SECTION AND TO
ENFORCE REGISTRATION, ALL OF WHICH SHALL HAVE THE FORCE  AND  EFFECT  OF
LAW.
  15. FOR PURPOSES OF THIS SECTION:
  (A)  "ANIMAL  SHELTER"  MEANS  PUBLIC  OR PRIVATELY OWNED ORGANIZATION
INCLUDING, BUT NOT LIMITED TO, ANY  DULY  INCORPORATED  HUMANE  SOCIETY,
POUND,  ANIMAL PROTECTIVE ASSOCIATION OR ANIMAL RESCUE GROUP WHICH MAIN-
TAINS BUILDINGS, STRUCTURES OR OTHER PROPERTY FOR THE PURPOSE OF HARBOR-
ING ANIMALS WHICH MAY BE STRAY, UNWANTED, LOST, ABANDONED OR ABUSED  AND
SEEKS TO FIND APPROPRIATE TEMPORARY OR PERMANENT HOMES FOR SUCH ANIMALS.
  (B)  "PET  DEALER"  MEANS  ANY  INDIVIDUAL, PERSON, PARTNERSHIP, FIRM,
CORPORATION OR OTHER ENTITY WHICH OFFERS ANIMALS FOR SALE OR IS  ENGAGED
IN THE SALE, EXCHANGE OR OTHER TRANSFER OF OWNERSHIP OF ANIMALS.
  16.  THIS  SECTION  SHALL  BE EXCLUSIVE AND SHALL PREEMPT ANY CONTRARY
LOCAL LAW OR ORDINANCE, EXCEPT THAT THIS SECTION SHALL  NOT  PREEMPT  OR
SUPERSEDE LOCAL LAWS OR ORDINANCES WHICH IMPOSE REQUIREMENTS NOT COVERED
UNDER THIS SECTION.
  S 2. This act shall take effect immediately.

S1594B - Bill Details

See Assembly Version of this Bill:
A7363
Current Committee:
Senate Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Add §380, Ag & Mkts L
Versions Introduced in 2011-2012 Legislative Session:
S6875A

S1594B - Bill Texts

view summary

Creates the animal abuser central registry, and requires that certain convicted animal abusers register with such registry; provides such registrants are prohibited from possessing, adopting, owning, purchasing or exercising control over any animal except in certain cases in the court's discretion; provides fines and imprisonment for non-compliance.

view sponsor memo
BILL NUMBER:S1594B

TITLE OF BILL: An act to amend the agriculture and markets law, in
relation to creating the animal abuser central registry, and to
require that certain convicted animal abusers register with such
registry

PURPOSE OR GENERAL IDEA OF BILL: This legislation creates an animal
abuse central registry.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 creates a central registry
of individuals (over the age of 18) convicted of animal abuse and
requires animal abusers to register. Section 1 specifically enumerates
what violations of sections of law would require an individual to
register. This section further outlines what information must be
provided to the registry. Further this section prohibits an individual
who registers under this act from owning an animal unless a court
finds otherwise. This section further requires animal shelters and pet
dealers to check with the registry. Further this section also states
that this law would preempt local law.

Section 2 is the effective date.

Justification: Animal abusers are heinous individuals who hurt and
kill animals that are incapable of defending themselves. An individual
who is convicted of animal abuse should lose their right to have an
animal. Violators of this law should be punished severely. Creating
an animal abuse registry will help ensure that animal abusers are not
able to own more possible victims of their future violence.

PRIOR LEGISLATIVE HISTORY: S. 6875 Referred to Senate Agriculture
Committee in 2012

FISCAL IMPLICATIONS: Minimal

EFFECTIVE DATE: This act shall take effect immediately.

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

                                 1594--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  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 creating
  the animal abuser  central  registry,  and  to  require  that  certain
  convicted animal abusers register with such registry

  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 380 to read as follows:
  S 380. ANIMAL ABUSER REGISTRY. 1. THE COMMISSIONER SHALL ESTABLISH AND
MAINTAIN A CENTRAL REGISTRY OF INDIVIDUALS CONVICTED OF ANIMAL ABUSE AND
REQUIRED TO REGISTER PURSUANT TO THE PROVISIONS OF THIS SECTION.
  2. ANY PERSON OVER EIGHTEEN YEARS OF AGE WHO HAS BEEN CONVICTED OF ONE
OR MORE OF THE FOLLOWING OFFENSES SHALL REGISTER WITH THE COUNTY SHERIFF
FOR THE COUNTY IN WHICH THE ANIMAL ABUSER RESIDES:
  (A) A FELONY VIOLATION OF ANY PROVISION OF THIS ARTICLE;
  (B)   A   VIOLATION   OF  THE  PROVISIONS  OF  SECTION  THREE  HUNDRED
FIFTY-THREE, THREE  HUNDRED  FIFTY-THREE-B,  THREE  HUNDRED  FIFTY-FOUR,
THREE  HUNDRED FIFTY-FIVE, THREE HUNDRED FIFTY-SIX, THREE HUNDRED FIFTY-
SEVEN, THREE HUNDRED FIFTY-EIGHT,  THREE  HUNDRED  FIFTY-EIGHT-A,  THREE
HUNDRED FIFTY-NINE, THREE HUNDRED FIFTY-NINE-A, THREE HUNDRED SIXTY-TWO,
THREE  HUNDRED  SIXTY-FOUR,  THREE  HUNDRED  SIXTY-FIVE,  THREE  HUNDRED
SIXTY-SIX, THREE HUNDRED SIXTY-SIX-A, THREE HUNDRED  SIXTY-EIGHT,  THREE
HUNDRED SIXTY-NINE OR THREE HUNDRED SEVENTY OF THIS ARTICLE;
  (C)  A VIOLATION OF THE PROVISIONS OF SECTION 195.06, 195.11 OR 195.12
OF THE PENAL LAW;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04777-07-3

S. 1594--B                          2

  (D) A VIOLATION OF ANY PROVISION OF ARTICLE TWO HUNDRED  FORTY-TWO  OF
THE PENAL LAW;
  (E)  A  VIOLATION  OF SUBDIVISION THREE OF SECTION 130.20 OF THE PENAL
LAW; OR
  (F) A VIOLATION OF COMPARABLE STATUTES OF ANOTHER STATE.
  3. UPON CONVICTION OF ANY OFFENSE SET FORTH  IN  PARAGRAPH  (A),  (B),
(C),  (D)  OR  (E)  OF  SUBDIVISION TWO OF THIS SECTION, THE COURT SHALL
CERTIFY THAT THE CONVICTED PERSON IS AN ANIMAL ABUSER AND SHALL  INCLUDE
THE CERTIFICATION IN THE JUDGMENT OF CONVICTION AND THE ORDER OF COMMIT-
MENT,  IF  ANY.  THE  COURT  SHALL  PROVIDE  A  COPY  OF THE JUDGMENT OF
CONVICTION TO THE COUNTY SHERIFF WITHIN FIVE DAYS OF THE  ENTRY  OF  THE
JUDGMENT OF CONVICTION. THE COURT SHALL ALSO ADVISE THE ANIMAL ABUSER OF
HIS  OR  HER  DUTIES UNDER THIS ARTICLE.  FAILURE TO INCLUDE THE CERTIF-
ICATION IN THE JUDGMENT OF CONVICTION OR THE ORDER OF  COMMITMENT  SHALL
NOT RELIEVE AN ANIMAL ABUSER OF THE OBLIGATIONS IMPOSED BY THIS SECTION.
  4.  A  PERSON CONVICTED OF A VIOLATION OF ANOTHER STATE'S ANIMAL ABUSE
STATUTE AS PROVIDED IN PARAGRAPH (F) OF SUBDIVISION TWO OF THIS  SECTION
WHO  SUBSEQUENTLY  BECOMES A RESIDENT OF THIS STATE SHALL, WITHIN THIRTY
DAYS OF ENTERING THE STATE, REGISTER WITH THE CENTRAL REGISTRY.
  5. (A) EACH REGISTRANT SHALL PROVIDE THE FOLLOWING INFORMATION TO  THE
COUNTY SHERIFF AT THE TIME OF REGISTRATION:
  (1) THE REGISTRANT'S NAME, ALL ALIASES USED, DATE OF BIRTH, SEX, RACE,
HEIGHT,  WEIGHT,  EYE  COLOR,  DRIVER'S  LICENSE NUMBER AND CURRENT HOME
ADDRESS AND/OR EXPECTED PLACE OF DOMICILE;
  (2) A DESCRIPTION  OF  ANY  TATTOOS,  SCARS  OR  OTHER  DISTINGUISHING
FEATURES  ON  THE  ANIMAL ABUSER'S BODY THAT WOULD ASSIST IN IDENTIFYING
THE ANIMAL ABUSER;
  (3) A  DESCRIPTION  OF  THE  OFFENSE  FOR  WHICH  THE  REGISTRANT  WAS
CONVICTED, THE DATE OF CONVICTION AND THE SENTENCE IMPOSED; AND
  (4) ANY OTHER INFORMATION DEEMED PERTINENT BY THE CENTRAL REGISTRY.
  (B)  THE  CENTRAL  REGISTRY  SHALL UTILIZE A STANDARDIZED REGISTRATION
FORM IN A FORMAT DEVELOPED BY THE COMMISSIONER. SUCH FORM SHALL BE WRIT-
TEN IN CLEAR AND CONCISE LANGUAGE AND SHALL ADVISE THE REGISTRANT OF HIS
OR HER DUTIES AND OBLIGATIONS UNDER THIS ARTICLE. A COPY OF  THE  REGIS-
TRATION  FORM  SHALL BE PROVIDED TO THE REGISTRANT AT THE TIME OF REGIS-
TRATION.
  6. (A) FOLLOWING A REGISTRANT'S INITIAL REGISTRATION PURSUANT  TO  THE
PROVISIONS  OF  THIS SECTION, THE REGISTRANT SHALL ANNUALLY RENEW HIS OR
HER REGISTRATION WITH THE COUNTY SHERIFF PRIOR TO DECEMBER  THIRTY-FIRST
OF EACH SUBSEQUENT CALENDAR YEAR FOR A PERIOD OF FIVE YEARS.
  (B)  IF  A  PERSON  HAS  BEEN SUBSEQUENTLY CONVICTED OF AN OFFENSE SET
FORTH IN PARAGRAPH (A), (B), (C), (D) OR (E) OF SUBDIVISION TWO OF  THIS
SECTION,  THE  REGISTRANT  SHALL  ANNUALLY RENEW HIS OR HER REGISTRATION
WITH THE CENTRAL REGISTRY PRIOR TO DECEMBER THIRTY-FIRST OF EACH  SUBSE-
QUENT CALENDAR YEAR FOR A PERIOD OF TEN YEARS.
  7.  THE  CENTRAL  REGISTRY SHALL CHARGE AN ANNUAL FEE OF FIFTY DOLLARS
AND A FEE OF TEN DOLLARS EACH TIME A REGISTRANT REGISTERS ANY CHANGE  OF
ADDRESS. THE FEES SHALL BE PAID TO THE COUNTY SHERIFF BY THE REGISTRANT.
  8.  (A)  A  PERSON  REQUIRED  TO  REGISTER PURSUANT TO THIS SECTION IS
PROHIBITED FROM, POSSESSING, ADOPTING, OWNING, PURCHASING OR  EXERCISING
CONTROL OVER ANY COMPANION ANIMAL FOR THE PERIOD SUCH PERSON IS REQUIRED
TO  REGISTER; PROVIDED, HOWEVER, THAT THE COURT MAY ALLOW SUCH PERSON TO
POSSESS, ADOPT, OWN, PURCHASE OR EXERCISE CONTROL OVER A LIMITED  NUMBER
OF  COMPANION ANIMALS WHERE SUCH PERSON IS DETERMINED TO BE A HOARDER OF
COMPANION ANIMALS.

S. 1594--B                          3

  (B) ALL ANIMAL SHELTERS AND PET  DEALERS  SHALL  EXAMINE  THE  CENTRAL
REGISTRY  TO  CONFIRM  THAT ANY POTENTIAL OWNERS ARE NOT REGISTRANTS. NO
COMPANION ANIMAL SHALL BE SOLD, EXCHANGED OR OTHERWISE TRANSFERRED TO AN
ANIMAL ABUSER LISTED ON THE REGISTRY.
  9. (A) AN ANIMAL ABUSER WHO INTENTIONALLY OR KNOWINGLY FAILS TO COMPLY
WITH  THE  REGISTRATION REQUIREMENTS, OR PROVIDES FALSE INFORMATION WHEN
COMPLYING WITH THE REGISTRATION REQUIREMENTS SET FORTH IN THIS  SECTION,
OR  WHO VIOLATES THE PROVISIONS OF PARAGRAPH (A) OF SUBDIVISION EIGHT OF
THIS SECTION, IS GUILTY OF A FELONY:
  (1) PUNISHABLE BY IMPRISONMENT FOR A PERIOD NOT TO EXCEED FOUR  YEARS,
OR  BY  A FINE NOT TO EXCEED FIVE THOUSAND DOLLARS, OR BY BOTH SUCH FINE
AND IMPRISONMENT FOR A FIRST OFFENSE; AND
  (2) PUNISHABLE BY IMPRISONMENT FOR A PERIOD NOT TO EXCEED FOUR  YEARS,
OR  BY  A  FINE NOT TO EXCEED TEN THOUSAND DOLLARS, OR BY BOTH SUCH FINE
AND IMPRISONMENT FOR SUBSEQUENT OFFENSES.
  (B) ANY ANIMAL SHELTER OR PET DEALER WHO  VIOLATES  PARAGRAPH  (B)  OF
SUBDIVISION  EIGHT  OF  THIS  SECTION SHALL BE GUILTY OF A VIOLATION AND
SUBJECT TO A FINE NOT TO EXCEED ONE THOUSAND DOLLARS.  IT  SHALL  BE  AN
AFFIRMATIVE  DEFENSE  THAT THE ANIMAL SHELTER OR PET DEALER EXAMINED THE
CENTRAL ANIMAL ABUSER REGISTRY AND THE NAME OF THE PERSON TO  WHOM  THEY
SOLD OR TRANSFERRED A COMPANION ANIMAL DID NOT APPEAR THEREON.
  10.  EACH  COUNTY  SHERIFF  SHALL  MAINTAIN A LOCAL REGISTRY OF ANIMAL
ABUSERS IN THE SHERIFF'S JURISDICTION.
  11. A  COUNTY  SHERIFF  SHALL  FORWARD  ALL  REGISTRATION  INFORMATION
OBTAINED FROM ANIMAL ABUSERS TO THE CENTRAL REGISTRY OF ANIMAL ABUSERS.
  12.  REGISTRATION  INFORMATION  CONTAINED  IN  THE CENTRAL REGISTRY OF
ANIMAL ABUSERS SHALL BE MADE AVAILABLE TO THE  PUBLIC  THROUGH  INTERNET
ACCESS,  TELEPHONE  ACCESS,  WRITTEN ACCESS AND IN PERSON ACCESS. ALL OF
THE INFORMATION CONTAINED IN AN ANIMAL ABUSER'S  REGISTRATION  SHALL  BE
MADE  AVAILABLE  WITH  THE  EXCEPTION  OF  THE  ANIMAL ABUSER'S DRIVER'S
LICENSE NUMBER.  RECORDS OF EACH ANIMAL ABUSER'S REGISTRATION  SHALL  BE
MAINTAINED  FOR THE DURATION OF THE PERIOD IN WHICH THE ANIMAL ABUSER IS
REQUIRED TO BE REGISTERED PURSUANT TO SUBDIVISION SIX OF THIS SECTION.
  13. NO OFFICIAL, AGENCY, AUTHORIZED PERSON OR ENTITY,  WHETHER  PUBLIC
OR  PRIVATE,  SHALL  BE  SUBJECT  TO ANY CIVIL OR CRIMINAL LIABILITY FOR
DAMAGES FOR ANY DECISION OR ACTION MADE IN THE ORDINARY COURSE OF  BUSI-
NESS  OF  THAT  OFFICIAL,  AGENCY, AUTHORIZED PERSON OR ENTITY, PROVIDED
THAT SUCH OFFICIAL, AGENCY, AUTHORIZED PERSON OR ENTITY ACTED REASONABLY
AND IN GOOD FAITH WITH RESPECT TO SUCH REGISTRY INFORMATION.
  14. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS AS MAY  BE
NECESSARY TO EFFECTUATE THE PROVISIONS AND INTENT OF THIS SECTION AND TO
ENFORCE  REGISTRATION,  ALL  OF WHICH SHALL HAVE THE FORCE AND EFFECT OF
LAW.
  15. FOR PURPOSES OF THIS SECTION:
  (A) "ANIMAL SHELTER" MEANS  PUBLIC  OR  PRIVATELY  OWNED  ORGANIZATION
INCLUDING,  BUT  NOT  LIMITED  TO, ANY DULY INCORPORATED HUMANE SOCIETY,
POUND, ANIMAL PROTECTIVE ASSOCIATION OR ANIMAL RESCUE GROUP WHICH  MAIN-
TAINS BUILDINGS, STRUCTURES OR OTHER PROPERTY FOR THE PURPOSE OF HARBOR-
ING  ANIMALS WHICH MAY BE STRAY, UNWANTED, LOST, ABANDONED OR ABUSED AND
SEEKS TO FIND APPROPRIATE TEMPORARY OR PERMANENT HOMES FOR SUCH ANIMALS.
  (B) "PET DEALER" MEANS  ANY  INDIVIDUAL,  PERSON,  PARTNERSHIP,  FIRM,
CORPORATION  OR OTHER ENTITY WHICH OFFERS ANIMALS FOR SALE OR IS ENGAGED
IN THE SALE, EXCHANGE OR OTHER TRANSFER OF OWNERSHIP OF ANIMALS.
  16. THIS SECTION SHALL BE EXCLUSIVE AND SHALL PREEMPT ANY LOCAL LAW OR
ORDINANCE RELATING TO ANIMAL ABUSER REGISTRATION.
  S 2. This act shall take effect immediately.

Co-Sponsors

S1594C (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7363
Current Committee:
Senate Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Add §380, Ag & Mkts L
Versions Introduced in 2011-2012 Legislative Session:
S6875A

S1594C (ACTIVE) - Bill Texts

view summary

Creates the animal abuser central registry, and requires that certain convicted animal abusers register with such registry; provides such registrants are prohibited from possessing, adopting, owning, purchasing or exercising control over any animal except in certain cases in the court's discretion; provides fines and imprisonment for non-compliance.

view sponsor memo
BILL NUMBER:S1594C

TITLE OF BILL: An act to amend the agriculture and markets law, in
relation to creating the animal abuser central registry, and to
require that certain convicted animal abusers register with such
registry

PURPOSE OR GENERAL IDEA OF BILL:

This legislation creates an animal abuse central registry.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 creates a central registry of individuals (over the age of
18) convicted of animal abuse and requires animal abusers to register.
Section 1 specifically enumerates what violations of sections of law
would require an individual to register. This section further outlines
what information must be provided to the registry. Further this
section prohibits an individual who registers under this act from
owning an animal unless a court finds otherwise. This section further
requires animal shelters and pet dealers to check with the registry.
Further this section also states that this law would preempt local
law.

Section 2 is the effective date.

JUSTIFICATION:

Animal abusers are heinous individuals who hurt and kill animals that
are incapable of defending themselves. An individual who is convicted
of animal abuse should lose their right to have an animal. Violators
of this law should be punished severely. Creating an animal abuse
registry will help ensure that animal abusers are not able to own more
possible victims of their future violence.

PRIOR LEGISLATIVE HISTORY:

S. 6875 Referred to Senate Agriculture Committee in 2012

FISCAL IMPLICATIONS:

Minimal

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                 1594--C

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said  committee  --  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 creating
  the  animal  abuser  central  registry,  and  to  require that certain
  convicted animal abusers register with such registry

  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 380 to read as follows:
  S 380. ANIMAL ABUSER REGISTRY. 1. THE COMMISSIONER SHALL ESTABLISH AND
MAINTAIN A CENTRAL REGISTRY OF INDIVIDUALS CONVICTED OF ANIMAL ABUSE AND
REQUIRED TO REGISTER PURSUANT TO THE PROVISIONS OF THIS SECTION.
  2. ANY PERSON OVER EIGHTEEN YEARS OF AGE WHO HAS BEEN CONVICTED OF ONE
OR MORE OF THE FOLLOWING OFFENSES SHALL REGISTER WITH THE COUNTY SHERIFF
FOR THE COUNTY IN WHICH THE ANIMAL ABUSER RESIDES:
  (A) A FELONY VIOLATION OF ANY PROVISION OF THIS ARTICLE;
  (B)  A  VIOLATION  OF  THE  PROVISIONS  OF   SECTION   THREE   HUNDRED
FIFTY-THREE,  THREE  HUNDRED  FIFTY-THREE-B,  THREE  HUNDRED FIFTY-FOUR,
THREE HUNDRED FIFTY-FIVE, THREE HUNDRED FIFTY-SIX, THREE HUNDRED  FIFTY-
SEVEN,  THREE  HUNDRED  FIFTY-EIGHT,  THREE HUNDRED FIFTY-EIGHT-A, THREE
HUNDRED FIFTY-NINE, THREE HUNDRED FIFTY-NINE-A, THREE HUNDRED SIXTY-TWO,
THREE  HUNDRED  SIXTY-FOUR,  THREE  HUNDRED  SIXTY-FIVE,  THREE  HUNDRED
SIXTY-SIX,  THREE  HUNDRED SIXTY-SIX-A, THREE HUNDRED SIXTY-EIGHT, THREE
HUNDRED SIXTY-NINE OR THREE HUNDRED SEVENTY OF THIS ARTICLE;
  (C) A VIOLATION OF THE PROVISIONS OF SECTION 195.06, 195.11 OR  195.12
OF THE PENAL LAW;
  (D)  A  VIOLATION OF ANY PROVISION OF ARTICLE TWO HUNDRED FORTY-TWO OF
THE PENAL LAW;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04777-09-3

S. 1594--C                          2

  (E) A VIOLATION OF SUBDIVISION THREE OF SECTION 130.20  OF  THE  PENAL
LAW; OR
  (F) A VIOLATION OF COMPARABLE STATUTES OF ANOTHER STATE.
  3.  UPON  CONVICTION  OF  ANY OFFENSE SET FORTH IN PARAGRAPH (A), (B),
(C), (D) OR (E) OF SUBDIVISION TWO OF  THIS  SECTION,  THE  COURT  SHALL
CERTIFY  THAT THE CONVICTED PERSON IS AN ANIMAL ABUSER AND SHALL INCLUDE
THE CERTIFICATION IN THE JUDGMENT OF CONVICTION AND THE ORDER OF COMMIT-
MENT, IF ANY. THE  COURT  SHALL  PROVIDE  A  COPY  OF  THE  JUDGMENT  OF
CONVICTION  TO  THE  COUNTY SHERIFF WITHIN FIVE DAYS OF THE ENTRY OF THE
JUDGMENT OF CONVICTION. THE COURT SHALL ALSO ADVISE THE ANIMAL ABUSER OF
HIS OR HER DUTIES UNDER THIS ARTICLE.   FAILURE TO INCLUDE  THE  CERTIF-
ICATION  IN  THE JUDGMENT OF CONVICTION OR THE ORDER OF COMMITMENT SHALL
NOT RELIEVE AN ANIMAL ABUSER OF THE OBLIGATIONS IMPOSED BY THIS SECTION.
  4. A PERSON CONVICTED OF A VIOLATION OF ANOTHER STATE'S  ANIMAL  ABUSE
STATUTE  AS PROVIDED IN PARAGRAPH (F) OF SUBDIVISION TWO OF THIS SECTION
WHO SUBSEQUENTLY BECOMES A RESIDENT OF THIS STATE SHALL,  WITHIN  THIRTY
DAYS OF ENTERING THE STATE, REGISTER WITH THE CENTRAL REGISTRY.
  5.  (A) EACH REGISTRANT SHALL PROVIDE THE FOLLOWING INFORMATION TO THE
COUNTY SHERIFF AT THE TIME OF REGISTRATION:
  (1) THE REGISTRANT'S NAME, ALL ALIASES USED, DATE OF BIRTH, SEX, RACE,
HEIGHT, WEIGHT, EYE COLOR, DRIVER'S  LICENSE  NUMBER  AND  CURRENT  HOME
ADDRESS AND/OR EXPECTED PLACE OF DOMICILE;
  (2)  A  DESCRIPTION  OF  ANY  TATTOOS,  SCARS  OR OTHER DISTINGUISHING
FEATURES ON THE ANIMAL ABUSER'S BODY THAT WOULD  ASSIST  IN  IDENTIFYING
THE ANIMAL ABUSER;
  (3)  A  DESCRIPTION  OF  THE  OFFENSE  FOR  WHICH  THE  REGISTRANT WAS
CONVICTED, THE DATE OF CONVICTION AND THE SENTENCE IMPOSED; AND
  (4) ANY OTHER INFORMATION DEEMED PERTINENT BY THE CENTRAL REGISTRY.
  (B) THE CENTRAL REGISTRY SHALL  UTILIZE  A  STANDARDIZED  REGISTRATION
FORM IN A FORMAT DEVELOPED BY THE COMMISSIONER. SUCH FORM SHALL BE WRIT-
TEN IN CLEAR AND CONCISE LANGUAGE AND SHALL ADVISE THE REGISTRANT OF HIS
OR  HER  DUTIES AND OBLIGATIONS UNDER THIS ARTICLE. A COPY OF THE REGIS-
TRATION FORM SHALL BE PROVIDED TO THE REGISTRANT AT THE TIME  OF  REGIS-
TRATION.
  6.  (A)  FOLLOWING A REGISTRANT'S INITIAL REGISTRATION PURSUANT TO THE
PROVISIONS OF THIS SECTION, THE REGISTRANT SHALL ANNUALLY RENEW  HIS  OR
HER  REGISTRATION WITH THE COUNTY SHERIFF PRIOR TO DECEMBER THIRTY-FIRST
OF EACH SUBSEQUENT CALENDAR YEAR FOR A PERIOD OF FIVE YEARS.
  (B) IF A PERSON HAS BEEN SUBSEQUENTLY  CONVICTED  OF  AN  OFFENSE  SET
FORTH  IN PARAGRAPH (A), (B), (C), (D) OR (E) OF SUBDIVISION TWO OF THIS
SECTION, THE REGISTRANT SHALL ANNUALLY RENEW  HIS  OR  HER  REGISTRATION
WITH  THE CENTRAL REGISTRY PRIOR TO DECEMBER THIRTY-FIRST OF EACH SUBSE-
QUENT CALENDAR YEAR FOR A PERIOD OF TEN YEARS.
  7. THE CENTRAL REGISTRY SHALL CHARGE AN ANNUAL FEE  OF  FIFTY  DOLLARS
AND  A FEE OF TEN DOLLARS EACH TIME A REGISTRANT REGISTERS ANY CHANGE OF
ADDRESS. THE FEES SHALL BE PAID TO THE COUNTY SHERIFF BY THE REGISTRANT.
  8. (A) A PERSON REQUIRED TO  REGISTER  PURSUANT  TO  THIS  SECTION  IS
PROHIBITED  FROM, POSSESSING, ADOPTING, OWNING, PURCHASING OR EXERCISING
CONTROL OVER ANY COMPANION ANIMAL FOR THE PERIOD SUCH PERSON IS REQUIRED
TO REGISTER; PROVIDED, HOWEVER, THAT THE COURT MAY ALLOW SUCH PERSON  TO
POSSESS,  ADOPT, OWN, PURCHASE OR EXERCISE CONTROL OVER A LIMITED NUMBER
OF COMPANION ANIMALS WHERE SUCH PERSON IS DETERMINED TO BE A HOARDER  OF
COMPANION ANIMALS.
  (B)  ALL  ANIMAL  SHELTERS  AND  PET DEALERS SHALL EXAMINE THE CENTRAL
REGISTRY TO CONFIRM THAT ANY POTENTIAL OWNERS ARE  NOT  REGISTRANTS.  NO

S. 1594--C                          3

COMPANION ANIMAL SHALL BE SOLD, EXCHANGED OR OTHERWISE TRANSFERRED TO AN
ANIMAL ABUSER LISTED ON THE REGISTRY.
  9. (A) AN ANIMAL ABUSER WHO INTENTIONALLY OR KNOWINGLY FAILS TO COMPLY
WITH  THE  REGISTRATION REQUIREMENTS, OR PROVIDES FALSE INFORMATION WHEN
COMPLYING WITH THE REGISTRATION REQUIREMENTS SET FORTH IN THIS  SECTION,
OR  WHO VIOLATES THE PROVISIONS OF PARAGRAPH (A) OF SUBDIVISION EIGHT OF
THIS SECTION, IS GUILTY OF A FELONY:
  (1) PUNISHABLE BY IMPRISONMENT FOR A PERIOD NOT TO EXCEED FOUR  YEARS,
OR  BY  A FINE NOT TO EXCEED FIVE THOUSAND DOLLARS, OR BY BOTH SUCH FINE
AND IMPRISONMENT FOR A FIRST OFFENSE; AND
  (2) PUNISHABLE BY IMPRISONMENT FOR A PERIOD NOT TO EXCEED FOUR  YEARS,
OR  BY  A  FINE NOT TO EXCEED TEN THOUSAND DOLLARS, OR BY BOTH SUCH FINE
AND IMPRISONMENT FOR SUBSEQUENT OFFENSES.
  (B) ANY ANIMAL SHELTER OR PET DEALER WHO  VIOLATES  PARAGRAPH  (B)  OF
SUBDIVISION  EIGHT  OF  THIS  SECTION SHALL BE GUILTY OF A VIOLATION AND
SUBJECT TO A FINE NOT TO EXCEED ONE THOUSAND DOLLARS.  IT  SHALL  BE  AN
AFFIRMATIVE  DEFENSE  THAT THE ANIMAL SHELTER OR PET DEALER EXAMINED THE
CENTRAL ANIMAL ABUSER REGISTRY AND THE NAME OF THE PERSON TO  WHOM  THEY
SOLD OR TRANSFERRED A COMPANION ANIMAL DID NOT APPEAR THEREON.
  10.  EACH  COUNTY  SHERIFF  SHALL  MAINTAIN A LOCAL REGISTRY OF ANIMAL
ABUSERS IN THE SHERIFF'S JURISDICTION.
  11. A  COUNTY  SHERIFF  SHALL  FORWARD  ALL  REGISTRATION  INFORMATION
OBTAINED FROM ANIMAL ABUSERS TO THE CENTRAL REGISTRY OF ANIMAL ABUSERS.
  12.  REGISTRATION  INFORMATION  CONTAINED  IN  THE CENTRAL REGISTRY OF
ANIMAL ABUSERS SHALL BE MADE AVAILABLE TO THE  PUBLIC  THROUGH  INTERNET
ACCESS,  TELEPHONE  ACCESS,  WRITTEN ACCESS AND IN PERSON ACCESS. ALL OF
THE INFORMATION CONTAINED IN AN ANIMAL ABUSER'S  REGISTRATION  SHALL  BE
MADE  AVAILABLE  WITH  THE  EXCEPTION  OF  THE  ANIMAL ABUSER'S DRIVER'S
LICENSE NUMBER.  RECORDS OF EACH ANIMAL ABUSER'S REGISTRATION  SHALL  BE
MAINTAINED  FOR THE DURATION OF THE PERIOD IN WHICH THE ANIMAL ABUSER IS
REQUIRED TO BE REGISTERED PURSUANT TO SUBDIVISION SIX OF THIS SECTION.
  13. NO OFFICIAL, AGENCY, AUTHORIZED PERSON OR ENTITY,  WHETHER  PUBLIC
OR  PRIVATE,  SHALL  BE  SUBJECT  TO ANY CIVIL OR CRIMINAL LIABILITY FOR
DAMAGES FOR ANY DECISION OR ACTION MADE IN THE ORDINARY COURSE OF  BUSI-
NESS  OF  THAT  OFFICIAL,  AGENCY, AUTHORIZED PERSON OR ENTITY, PROVIDED
THAT SUCH OFFICIAL, AGENCY, AUTHORIZED PERSON OR ENTITY ACTED REASONABLY
AND IN GOOD FAITH WITH RESPECT TO SUCH REGISTRY INFORMATION.
  14. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS AS MAY  BE
NECESSARY TO EFFECTUATE THE PROVISIONS AND INTENT OF THIS SECTION AND TO
ENFORCE  REGISTRATION,  ALL  OF WHICH SHALL HAVE THE FORCE AND EFFECT OF
LAW.
  15. FOR PURPOSES OF THIS SECTION:
  (A) "ANIMAL SHELTER" MEANS  PUBLIC  OR  PRIVATELY  OWNED  ORGANIZATION
INCLUDING,  BUT  NOT  LIMITED  TO, ANY DULY INCORPORATED HUMANE SOCIETY,
POUND, ANIMAL PROTECTIVE ASSOCIATION OR ANIMAL RESCUE GROUP WHICH  MAIN-
TAINS BUILDINGS, STRUCTURES OR OTHER PROPERTY FOR THE PURPOSE OF HARBOR-
ING  ANIMALS WHICH MAY BE STRAY, UNWANTED, LOST, ABANDONED OR ABUSED AND
SEEKS TO FIND APPROPRIATE TEMPORARY OR PERMANENT HOMES FOR SUCH ANIMALS.
  (B) "PET DEALER" SHALL HAVE  THE  SAME  MEANING  AS  SUCH  MEANING  IS
DEFINED IN SECTION FOUR HUNDRED OF THE AGRICULTURE AND MARKETS LAW.
  16. THIS SECTION SHALL BE EXCLUSIVE AND SHALL PREEMPT ANY LOCAL LAW OR
ORDINANCE RELATING TO ANIMAL ABUSER REGISTRATION.
  S 2. This act shall take effect immediately.

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