STATE OF NEW YORK
________________________________________________________________________
5070
2017-2018 Regular Sessions
IN ASSEMBLY
February 6, 2017
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Introduced by M. of A. McDONOUGH, RAIA, CURRAN, DiPIETRO -- read once
and referred to the Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to estab-
lishing the animal abuser registration act
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The agriculture and markets law is amended by adding a new
2 article 26-C to read as follows:
3 ARTICLE 26-C
4 ANIMAL ABUSER REGISTRATION ACT
5 Section 420. Short title.
6 421. Definition.
7 422. Registration.
8 423. Separability.
9 § 420. Short title. This act shall be known and may be cited as the
10 "animal abuser registration act".
11 § 421. Definition. For purposes of this section "animal abuser" means
12 a person over eighteen years of age who has been convicted of a
13 violation of section three hundred fifty-three-a of this chapter or of
14 the comparable animal cruelty statutes of another state.
15 § 422. Registration. 1. Any animal abuser physically within the bound-
16 aries of this state for more than ten consecutive days shall register
17 with the county sheriff for the county in which the animal abuser is
18 located before the end of the eleventh day in the state.
19 2. Any previously registered animal abuser shall reregister with the
20 county sheriff for the county in which the animal abuser is located no
21 later than ten days after moving to a new location within the state.
22 3. When an animal abuser registers with the county sheriff, the animal
23 abuser shall provide the following registration information:
24 (a) The legal name and any other names or aliases that the animal
25 abuser is using or has used;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09437-01-7
A. 5070 2
1 (b) The date of birth of the animal abuser;
2 (c) The social security number of the animal abuser;
3 (d) The current address or location of the animal abuser;
4 (e) The place of employment of the animal abuser;
5 (f) The offense for which the animal abuser was convicted; and
6 (g) The date and place of the animal protection offense conviction of
7 the animal abuser.
8 4. When an animal abuser registers with a county sheriff, the sheriff
9 shall obtain:
10 (a) A photograph of the animal abuser and a complete set of the animal
11 abuser's fingerprints; and
12 (b) A description of any tattoos, scars or other distinguishing
13 features on the animal abuser's body that would assist in identifying
14 the animal abuser.
15 5. Following an animal abuser's initial registration pursuant to the
16 provisions of this section, an animal abuser shall annually renew the
17 animal abuser's registration with the county sheriff prior to December
18 thirty-first of each subsequent calendar year for a period of fifteen
19 years.
20 6. An animal abuser who intentionally or knowingly fails to comply
21 with the registration requirements, or provides false information when
22 complying with the registration requirements set forth in this section,
23 is guilty of a class E felony. Each county sheriff shall maintain a
24 local registry of animal abusers in the sheriff's jurisdiction required
25 to register pursuant to this section.
26 7. The county sheriff shall forward all registration information
27 obtained from animal abusers to the division of criminal justice
28 services.
29 8. Within ten days of receiving initial registration information from
30 an animal abuser, the county sheriff shall contact every residence,
31 school, humane society, animal shelter and any other business within a
32 half mile radius of the animal abuser's residence or location and
33 provide them with the animal abuser's registration information, with the
34 exception of the animal abuser's social security number.
35 9. The division of criminal justice services shall maintain a central
36 registry of animal abusers required to register pursuant to the
37 provisions of this section. The central registry of animal abusers shall
38 be made available to the public via internet and in written form upon
39 written or verbal request. All of the information contained in an animal
40 abuser's registration, with the exception of the animal abuser's social
41 security number, shall be made available. Records of each animal
42 abuser's registration shall be maintained for the duration of the
43 fifteen year period in which the animal abuser is required to be regis-
44 tered.
45 § 423. Separability. If any section of this article, or part thereof
46 shall be adjudged by a court of competent jurisdiction to be invalid,
47 such judgment shall not affect, impair or invalidate the remainder or
48 any other section or part thereof.
49 § 2. This act shall take effect on the ninetieth day after it shall
50 have become a law.
