Assembly Bill A10013

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10013
 
                           I N  A S S E M B L Y
 
                              April 29, 2022
                                ___________
 
 Introduced by M. of A. E. BROWN -- read once and referred to the Commit-
   tee on Children and Families
 
 AN ACT to amend the agriculture and markets law, in relation to enacting
   "Bella's Law"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 "Bella's Law".
   §  2.  Legislative  intent.  The  legislature hereby finds that animal
 cruelty is a serious problem and that individuals  who  harm  and  abuse
 animals are statistically more likely to engage in domestic violence and
 child abuse than individuals who do not harm and abuse animals. A strong
 correlation  has  been established linking individuals who abuse animals
 with incidents of domestic violence. Therefore, the purpose of this  law
 is to establish a requirement that the state of New York office of chil-
 dren  and family services must investigate any individual who is accused
 of or investigated for animal cruelty to ensure that there is no associ-
 ated domestic or family violence and that  law  enforcement  notify  and
 coordinate  with  the  office  of children and family services in animal
 cruelty investigations and arrests.
   § 3. The agriculture and markets  law  is  amended  by  adding  a  new
 section 353-aa to read as follows:
   § 353-AA. ANIMAL ABUSE ACCUSAL REQUIRING A DOMESTIC VIOLENCE AND ABUSE
 INVESTIGATION.  1.  DEFINITIONS.  AS USED IN THIS SECTION, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "ANIMAL" SHALL MEAN ANY LIVE MAMMAL, BIRD, OR REPTILE,  BUT  SHALL
 NOT INCLUDE FEEDER ANIMALS.
   (B)  "COMPANION ANIMAL" SHALL MEAN ANY DOG OR CAT, AND SHALL ALSO MEAN
 ANY OTHER DOMESTICATED ANIMAL NORMALLY MAINTAINED IN OR NEAR THE  HOUSE-
 HOLD  OF  THE  OWNER  OR  PERSON  WHO  CARES FOR SUCH OTHER DOMESTICATED
 ANIMAL.
   (C) "ANIMAL ABUSE CRIME" SHALL MEAN THE COMMISSION  OF  THE  FOLLOWING
 ENUMERATED CRIMES AGAINST AN ANIMAL:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08669-01-1
              

 A. 10013                            2
 
   (1)  ANIMAL FIGHTING, AS DEFINED IN SECTION THREE HUNDRED FIFTY-ONE OF
 THIS ARTICLE;
   (2)  OVERDRIVING,  TORTURING, AND INJURING ANIMALS; FAILURE TO PROVIDE
 PROPER SUSTENANCE, AS DEFINED IN SECTION THREE  HUNDRED  FIFTY-THREE  OF
 THIS ARTICLE;
   (3) AGGRAVATED CRUELTY TO ANIMALS, AS DEFINED IN SECTION THREE HUNDRED
 FIFTY-THREE-A OF THIS ARTICLE;
   (4)  ELECTROCUTION OF FUR-BEARING ANIMALS, AS DEFINED IN SECTION THREE
 HUNDRED FIFTY-THREE-C OF THIS ARTICLE
   (5) ABANDONMENT OF  ANIMALS,  AS  DEFINED  IN  SECTION  THREE  HUNDRED
 FIFTY-FIVE OF THIS ARTICLE;
   (6)  FAILURE  TO PROVIDE PROPER FOOD AND DRINK TO AN IMPOUNDED ANIMAL,
 AS DEFINED IN SECTION THREE HUNDRED FIFTY-SIX OF THIS ARTICLE;
   (7) CARRYING ANIMAL IN A CRUEL MANNER, AS  DEFINED  IN  SECTION  THREE
 HUNDRED FIFTY-NINE OF THIS ARTICLE;
   (8)  POISONING  OR ATTEMPTING TO POISON ANIMALS, AS DEFINED IN SECTION
 THREE HUNDRED SIXTY OF THIS ARTICLE;
   (9) INTERFERENCE WITH  OR  INJURY  TO  CERTAIN  DOMESTIC  ANIMALS,  AS
 DEFINED IN SECTION THREE HUNDRED SIXTY-ONE OF THIS ARTICLE;
   (10) SEXUAL MISCONDUCT WITH AN ANIMAL, AS DEFINED IN SUBDIVISION THREE
 OF SECTION 130.20 OF THE PENAL LAW;
   (11)  HARMING  AN  ANIMAL TRAINED TO AID A PERSON WITH A DISABILITY IN
 THE FIRST DEGREE, AS DEFINED IN SECTION 195.12 OF THE PENAL LAW;
   (12) HARMING A SERVICE ANIMAL IN  THE  FIRST  DEGREE,  AS  DEFINED  IN
 SECTION 242.15 OF THE PENAL LAW;
   (13)  HARMING  A  SERVICE  ANIMAL  IN THE SECOND DEGREE, AS DEFINED IN
 SECTION 242.10 OF THE PENAL LAW; OR
   (14) AN OFFENSE IN ANY  OTHER  JURISDICTION  WHICH  INCLUDES  ALL  THE
 ESSENTIAL ELEMENTS OF ANY SUCH CRIME PROVIDED FOR IN THIS SUBDIVISION.
   (D)  "ACCUSED" SHALL MEAN A FORMAL ACCUSATION OF AN ANIMAL ABUSE CRIME
 COMMENCED BY THE FILING OF AN INFORMATION, COMPLAINT, OR INDICTMENT WITH
 A COURT OF COMPETENT JURISDICTION.
   (E) "INVESTIGATED" SHALL MEAN A REASONABLE SUSPICION THAT AN  INDIVID-
 UAL  IS ENGAGING IN AN ANIMAL ABUSE CRIME THAT HAS COMMENCED AN INVESTI-
 GATION INTO SUCH CONDUCT BY A LAW ENFORCEMENT AGENCY  WITH  JURISDICTION
 COVERING THE STATE OF NEW YORK.
   (F) "DOMESTIC INCIDENT REPORT" SHALL MEAN A STATE OF NEW YORK DIVISION
 OF CRIMINAL JUSTICE SERVICES FORM THREE THOUSAND TWO HUNDRED TWENTY-ONE,
 AS  ESTABLISHED  BY  THE "FAMILY PROTECTION AND DOMESTIC VIOLENCE INTER-
 VENTION ACT OF 1994".
   2. DUTY TO INVESTIGATE. (A) UPON  NOTIFICATION  OF  AN  ACCUSATION  OR
 INVESTIGATION OF AN ANIMAL ABUSE CRIME, THE OFFICE OF CHILDREN AND FAMI-
 LY  SERVICES  SHALL PROMPTLY LOG AND INVESTIGATE THE INDIVIDUAL THAT HAS
 BEEN ACCUSED OR IS BEING INVESTIGATED. THE OFFICE OF CHILDREN AND FAMILY
 SERVICES SHALL, WHERE PRACTICABLE, REASONABLE, AND NOT IN  CONTRAVENTION
 OF  LAW,  COORDINATE SUCH INVESTIGATION WITH AND COMMUNICATE ANY RESULTS
 TO THE REFERRING OR PROSECUTING AGENCY.
   (B) SUCH INVESTIGATION SHALL DETERMINE WHETHER THE ACCUSED OR INVESTI-
 GATED PARTY HAS ANY ASSOCIATED FAMILY OR DOMESTIC VIOLENCE.
   3. SHARING OF INFORMATION. (A) WHERE PRACTICABLE, REASONABLE, AND  NOT
 IN  CONTRAVENTION  OF  LAW,  THE  OFFICE OF CHILDREN AND FAMILY SERVICES
 SHALL BE NOTIFIED BY LAW ENFORCEMENT OF INVESTIGATIONS  AND  ACCUSATIONS
 OF ANIMAL ABUSE CRIMES WHERE SUCH INVESTIGATIONS OR ACCUSATIONS ARISE IN
 CONNECTION  IN SUCH LAW ENFORCEMENT'S PROFESSIONAL OR OFFICIAL CAPACITY.
 NOTHING HEREIN SHALL MANDATE SUCH REPORTING: (I) WHERE IT WOULD JEOPARD-
 IZE AN ONGOING INVESTIGATION OR THE PERSONAL SAFETY  OF  AN  INDIVIDUAL;
 A. 10013                            3
 
 (II) IN CIRCUMSTANCES WHERE IT IS CLEAR THAT THE ACCUSED OR INVESTIGATED
 INDIVIDUAL  HAS NO FAMILY MEMBERS AND NO NEED FOR PERSONAL SERVICES FROM
 THE OFFICE OF CHILDREN AND FAMILY SERVICES; OR (III) WHERE  THE  PARTIC-
 ULAR  INVESTIGATION  OR  ACCUSATION  WAS  PREVIOUSLY  REPORTED. SUCH LAW
 ENFORCEMENT MEMBERS SHALL DOCUMENT RESPONSE, INVESTIGATION, AND  ACTIONS
 TAKEN  IN  KEEPING WITH THIS MANDATE, INCLUDING, WHERE APPROPRIATE, ON A
 DOMESTIC INCIDENT REPORT.
   (B) A DOMESTIC INCIDENT REPORT SHALL BE PREPARED IN EVERY INSTANCE  OF
 ABUSE OR THREATENED ABUSE AGAINST THE COMPANION ANIMAL OF ANOTHER FAMILY
 MEMBER,  EVEN  IF INVESTIGATION OF THE INCIDENT REVEALS THAT NO CRIME OR
 OFFENSE WAS COMMITTED.
   4. APPLICABILITY. THIS LAW SHALL  APPLY  TO  ALL  PERSONS  ACCUSED  OR
 INVESTIGATED  OF  ANIMAL  ABUSE CRIMES ON OR AFTER THE EFFECTIVE DATE OF
 THIS SECTION.
   5. SEVERABILITY. IF  ANY  CLAUSE,  SENTENCE,  PARAGRAPH,  SUBDIVISION,
 SECTION,  OR  PART OF THIS LAW TO THE APPLICATION THEREOF TO ANY PERSON,
 INDIVIDUAL, CORPORATION, FIRM, PARTNERSHIP, ENTITY OR CIRCUMSTANCE SHALL
 BE ADJUDGED BY ANY COURT OF COMPETENT  JURISDICTION  TO  BE  INVALID  OR
 UNCONSTITUTIONAL,  SUCH  ORDER  OR  JUDGMENT SHALL NOT AFFECT, IMPAIR OR
 INVALIDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERATION
 TO THE CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION, SECTION OR PART OF THIS
 LAW OR IN ITS APPLICATION TO THE PERSON, INDIVIDUAL, CORPORATION,  FIRM,
 PARTNERSHIP  ENTITY OR CIRCUMSTANCE DIRECTLY INVOLVED IN THE CONTROVERSY
 IN WHICH AN ORDER OR JUDGMENT SHALL BE RENDERED.
   § 4. This act shall take effect immediately.