The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6354
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 16, 2021
                                ___________
 
 Introduced by M. of A. PAULIN -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04387-01-1

 A. 6354                             2
 
 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
 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.