Assembly Bill A399

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    399
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2023
                                ___________
 
 Introduced  by M. of A. L. ROSENTHAL, LUPARDO, DINOWITZ, COLTON, HEVESI,
   BENEDETTO, OTIS, STIRPE, HUNTER, SIMON,  SEAWRIGHT,  STERN  --  Multi-
   Sponsored  by  -- M. of A. COOK, GLICK, McDONOUGH, THIELE -- read once
   and referred to the Committee on Agriculture
 
 AN ACT to amend the executive law, in relation to  the  creation  of  an
   animal cruelty and animal fighting database
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings. Studies in psychology, sociology  and
 criminology  have  demonstrated  that  violent offenders frequently have
 childhood and adolescent histories of serious and repeated animal cruel-
 ty. The Federal Bureau of Investigation has recognized  this  connection
 since  the  1970s  when  its  analysis  of  the  lives of serial killers
 suggested that most had killed or tortured animals  during  their  life.
 Other  research  has  shown  consistent patterns of animal cruelty among
 perpetrators of more common forms of violence,  including  child  abuse,
 spousal abuse, and elder abuse, leading the American Psychiatric Associ-
 ation  to  consider  animal cruelty as one of the diagnostic criteria of
 conduct disorder.
   § 2. Section 837-w of the executive law, as added by  chapter  219  of
 the  laws  of 2022, is renumbered 837-x and a new section 837-y is added
 to read as follows:
   § 837-Y. ANIMAL CRUELTY DATABASE.  1. THE DIVISION SHALL ESTABLISH AND
 MAINTAIN A CRIME DATABASE OF ALL CONVICTIONS IN NEW YORK STATE OF ANIMAL
 CRUELTY,  ANIMAL  FIGHTING,  ANIMAL  NEGLECT,  ANIMAL  ABANDONMENT,  AND
 MISTREATMENT  OF ANIMALS AS SET FORTH IN ARTICLE TWENTY-SIX OF THE AGRI-
 CULTURE AND MARKETS LAW AND THE PENAL LAW  WHERE  DATA  OF  SUCH  CRIMES
 SHALL  BE  COLLECTED AND DISPLAYED IN A MANNER THAT FACILITATES ANALYSIS
 AND THE  PROTECTION  OF  ANIMALS.  FOR  THE  PURPOSE  OF  THIS  SECTION,
 CONVICTIONS  SHALL  ALSO  INCLUDE  PLEAS  TO  A CHARGE OTHER THAN ANIMAL
 CRUELTY,  ANIMAL  FIGHTING,  ANIMAL  NEGLECT,  ANIMAL  ABANDONMENT,  AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00824-01-3
              

 A. 399                              2
 
 MISTREATMENT  OF ANIMALS AS SET FORTH IN ARTICLE TWENTY-SIX OF THE AGRI-
 CULTURE AND MARKETS LAW AND THE PENAL LAW IN SATISFACTION OF THE  ANIMAL
 CRUELTY,  ANIMAL  FIGHTING,  ANIMAL NEGLECT, ANIMAL ABANDONMENT OR OTHER
 ANIMAL MISTREATMENT CHARGE OR WHERE THE ANIMAL CRUELTY, ANIMAL FIGHTING,
 ANIMAL  NEGLECT,  ANIMAL ABANDONMENT OR OTHER ANIMAL MISTREATMENT CHARGE
 HAS NOT RESULTED IN A DISMISSAL ON THE MERITS.
   2. SUCH CRIME DATABASE SHALL INCLUDE, BUT NOT BE LIMITED TO, NAMES AND
 AGES OF PERSONS EIGHTEEN YEARS OF AGE OR OLDER WHO HAVE  BEEN  CONVICTED
 OF  ANIMAL  CRUELTY, ANIMAL FIGHTING, ANIMAL NEGLECT, ANIMAL ABANDONMENT
 AND OTHER LAWS PERTAINING TO THE MISTREATMENT OF ANIMALS AS SET FORTH IN
 ARTICLE TWENTY-SIX OF THE AGRICULTURE AND MARKETS LAW AND THE PENAL LAW,
 THE SPECIFIC ACTS OF ANIMAL CRUELTY, ANIMAL  FIGHTING,  ANIMAL  NEGLECT,
 ANIMAL ABANDONMENT OR THE MISTREATMENT OF ANIMALS THAT WERE THE BASIS OF
 THE  CONVICTION,  THE  DATE OR DATES THE ACTS TOOK PLACE, AND THE COUNTY
 WHERE SUCH ACTS TOOK PLACE.
   3. THE CRIME DATABASE SHALL BE IN PRINT AND  IN  ELECTRONIC  FORM  AND
 SHALL  BE AVAILABLE TO ALL LAW ENFORCEMENT ENTITIES, DISTRICT ATTORNEYS,
 DULY INCORPORATED HUMANE SOCIETIES,  SOCIETIES  FOR  THE  PREVENTION  OF
 CRUELTY  TO  ANIMALS,  DOG  AND  CAT  PROTECTIVE ASSOCIATIONS AND ANIMAL
 CONTROL OFFICERS.
   4. NOTHING IN THIS SECTION SHALL BE CONSTRUED  TO  LIMIT  OR  RESTRICT
 MUNICIPALITIES FROM ENACTING OR ENFORCING LOCAL LAWS, RULES, REGULATIONS
 OR  ORDINANCES  ESTABLISHING AND MAINTAINING AN ANIMAL ABUSE REGISTRY OR
 DATABASE OR OTHER MEANS OF TRACKING OR IDENTIFYING PERSONS CHARGED  WITH
 VIOLATING ANIMAL ABUSE LAWS.
   §  3.  This  act  shall  take effect twelve months after it shall have
 become a law. Effective immediately, the division  of  criminal  justice
 services  is  authorized to promulgate rules and regulations as it deems
 necessary to effectuate the purposes of this  act,  on  or  before  such
 effective date.