S T A T E   O F   N E W   Y O R K
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                                  3355

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2015
                               ___________

Introduced by M. of A. DiPIETRO -- Multi-Sponsored by -- M. of A. BOREL-
  LI, CERETTO, CROUCH, FINCH, McDONOUGH, McLAUGHLIN, MOSLEY, RAIA, SIMO-
  TAS -- read once and referred 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 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;
  (E) A VIOLATION OF SUBDIVISION THREE 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.
                                                           LBD00430-02-5
              

A. 3355                             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  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.

A. 3355                             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 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.