S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10049
 
                           I N  A S S E M B L Y
 
                               March 8, 2018
                                ___________
 
 Introduced  by M. of A. ORTIZ -- 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:
   §  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.
                                                            LBD05407-01-7

 A. 10049                            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.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.