Assembly Bill A5809

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5809
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 23, 2023
                                ___________
 
 Introduced  by M. of A. GLICK -- read once and referred to the Committee
   on Agriculture
 
 AN ACT to amend the agriculture and markets law, in relation  to  estab-
   lishing an animal abuser 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 353-g to read as follows:
   §  353-G. ANIMAL ABUSER REGISTRY. 1. FOR PURPOSES OF THIS SECTION, THE
 TERM "ANIMAL ABUSER" MEANS A PERSON OVER EIGHTEEN YEARS OF AGE  WHO  HAS
 BEEN CONVICTED OF A FELONY VIOLATION OF ANY PROVISION OF THIS ARTICLE OR
 OF THE COMPARABLE STATUTES OF ANOTHER STATE.
   2.  ANY  ANIMAL  ABUSER PHYSICALLY WITHIN THE BOUNDARIES OF THIS STATE
 FOR MORE THAN TEN CONSECUTIVE DAYS SHALL REGISTER WITH THE COUNTY  SHER-
 IFF  FOR THE COUNTY IN WHICH THE ANIMAL ABUSER IS LOCATED BEFORE THE END
 OF THE ELEVENTH DAY IN THE STATE.
   3. ANY PREVIOUSLY REGISTERED ANIMAL ABUSER SHALL REREGISTER  WITH  THE
 COUNTY  SHERIFF  FOR THE COUNTY IN WHICH THE ANIMAL ABUSER IS LOCATED NO
 LATER THAN TEN DAYS AFTER MOVING TO A NEW LOCATION WITHIN THE STATE.
   4. WHEN AN ANIMAL ABUSER REGISTERS WITH THE COUNTY SHERIFF, THE ANIMAL
 ABUSER SHALL PROVIDE THE FOLLOWING REGISTRATION INFORMATION:
   (A) THE LEGAL NAME AND ANY OTHER NAMES  OR  ALIASES  THAT  THE  ANIMAL
 ABUSER IS USING OR HAS USED;
   (B) THE DATE OF BIRTH OF THE ANIMAL ABUSER;
   (C) THE SOCIAL SECURITY NUMBER OF THE ANIMAL ABUSER;
   (D) THE CURRENT ADDRESS OR LOCATION OF THE ANIMAL ABUSER;
   (E) THE PLACE OF EMPLOYMENT OF THE ANIMAL ABUSER;
   (F)  THE  ANIMAL  PROTECTION  OFFENSE  FOR WHICH THE ANIMAL ABUSER WAS
 CONVICTED; AND
   (G) THE DATE AND PLACE OF THE ANIMAL PROTECTION OFFENSE CONVICTION  OF
 THE ANIMAL ABUSER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09299-01-3
              

 A. 5809                             2
 
   5.  WHEN AN ANIMAL ABUSER REGISTERS WITH A COUNTY SHERIFF, THE SHERIFF
 SHALL OBTAIN:
   (A) A PHOTOGRAPH OF THE ANIMAL ABUSER AND A COMPLETE SET OF THE ANIMAL
 ABUSER'S FINGERPRINTS; AND
   (B)  A  DESCRIPTION  OF  ANY  TATTOOS,  SCARS  OR OTHER DISTINGUISHING
 FEATURES ON THE ANIMAL ABUSER'S BODY THAT WOULD  ASSIST  IN  IDENTIFYING
 THE ANIMAL ABUSER.
   6.  FOLLOWING  AN ANIMAL ABUSER'S INITIAL REGISTRATION PURSUANT TO THE
 PROVISIONS OF THIS SECTION, AN ANIMAL ABUSER SHALL  ANNUALLY  RENEW  THE
 ANIMAL  ABUSER'S  REGISTRATION WITH THE COUNTY SHERIFF PRIOR TO DECEMBER
 THIRTY-FIRST OF EACH SUBSEQUENT CALENDAR YEAR FOR A  PERIOD  OF  FIFTEEN
 YEARS.
   7.  AN  ANIMAL  ABUSER  WHO INTENTIONALLY OR KNOWINGLY FAILS TO COMPLY
 WITH THE REGISTRATION REQUIREMENTS, OR PROVIDES FALSE  INFORMATION  WHEN
 COMPLYING  WITH THE REGISTRATION REQUIREMENTS SET FORTH IN THIS SECTION,
 IS GUILTY OF A CLASS E FELONY.
   8. EACH COUNTY SHERIFF SHALL MAINTAIN A LOCAL REGISTRY OF ANIMAL ABUS-
 ERS IN THE SHERIFF'S JURISDICTION REQUIRED TO REGISTER PURSUANT TO  THIS
 SECTION.
   9.  THE  COUNTY  SHERIFF  SHALL  FORWARD  ALL REGISTRATION INFORMATION
 OBTAINED FROM ANIMAL ABUSERS TO THE NEW YORK STATE DIVISION OF  CRIMINAL
 JUSTICE SERVICES.
   10. WITHIN TEN DAYS OF RECEIVING INITIAL REGISTRATION INFORMATION FROM
 AN  ANIMAL  ABUSER,  THE  COUNTY  SHERIFF SHALL CONTACT EVERY RESIDENCE,
 SCHOOL, HUMANE SOCIETY, ANIMAL SHELTER AND ANY OTHER BUSINESS  WITHIN  A
 HALF  MILE  RADIUS  OF  THE  ANIMAL  ABUSER'S  RESIDENCE OR LOCATION AND
 PROVIDE THEM WITH THE ANIMAL ABUSER'S REGISTRATION INFORMATION, WITH THE
 EXCEPTION OF THE ANIMAL ABUSER'S SOCIAL SECURITY NUMBER.
   11. THE NEW YORK STATE DIVISION OF  CRIMINAL  JUSTICE  SERVICES  SHALL
 MAINTAIN  A  CENTRAL  REGISTRY  OF  ANIMAL  ABUSERS REQUIRED TO REGISTER
 PURSUANT TO THE PROVISIONS OF THIS  SECTION.  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, WITH THE
 EXCEPTION OF THE ANIMAL ABUSER'S SOCIAL SECURITY NUMBER, SHALL  BE  MADE
 AVAILABLE.  RECORDS  OF EACH ANIMAL ABUSER'S REGISTRATION SHALL BE MAIN-
 TAINED FOR THE DURATION OF THE FIFTEEN YEAR PERIOD IN WHICH  THE  ANIMAL
 ABUSER IS REQUIRED TO BE REGISTERED.
   § 2. This act shall take effect immediately.