S T A T E   O F   N E W   Y O R K
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                                  5371

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

Introduced  by  Sen.  AVELLA -- 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 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
  (F) A VIOLATION OF COMPARABLE STATUTES OF ANOTHER STATE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00430-02-5
              

S. 5371                             2

  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.
  9. (A) AN ANIMAL ABUSER WHO INTENTIONALLY OR KNOWINGLY FAILS TO COMPLY
WITH THE REGISTRATION REQUIREMENTS, OR PROVIDES FALSE  INFORMATION  WHEN

S. 5371                             3

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.