S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5366
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 11, 2019
                                ___________
 
 Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
   tee 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 381 to read as follows:
   § 381. 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.
              

                                                            LBD07596-01-9

 A. 5366                             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

 A. 5366                             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 THIS CHAPTER.
   16. THIS SECTION SHALL BE EXCLUSIVE AND SHALL PREEMPT ANY LOCAL LAW OR
 ORDINANCE RELATING TO ANIMAL ABUSER REGISTRATION.
   § 2. This act shall take effect immediately.