NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5809
SPONSOR: Glick TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to estab-
lishing an animal abuser registry
PURPOSE:
To establish a registry of people who have been convicted of a felony
violation of animal abuse or of the comparable statutes in another
state.
SUMMARY OF PROVISIONS:
A new section 353-g is added to the agriculture and markets law which
establishes the specifics of an animal abuser registry in New York State
for felony violations of animal abuse. The abuser shall register with
the county sheriff within 10 days of locating to the county. The abuser
shall annually renew their registration for fifteen years. Intentionally
or knowingly failing to register or provide false information is a class
E felony. The county sheriff shall maintain a local registry and notify
every residence, school, humane society, animal shelter and any other
business within a half mile radius of the animal abuser's to the New
York State Division of Criminal Justice Services (DOS). DOS shall main-
tain a central registry of animal abusers required to register for the
fifteen period in which the animal abusers are required to be regis-
tered.
JUSTIFICATION:
This is much needed legislation to combat animal cruelty and abuse and
to stop repeat offenders. The thinking behind establishment of animal
abuser registered is that it would prevent access to those convicted of
animal abuse 'of adopting or purchasing animals as it would prohibit pet
stores and animal shelters from selling pets or allowing them to be
adopted by individuals on the animal abuse registry.
For more than a quarter of a century, studies have shown a strong corol-
lary between animal abuse and human violence. A survey of pet-owning
families where child abuse and neglect occurred, found that animals were
also abused in 88% of homes where child physical abuse was present
(DeViney, Cidket & Lockwood, 1983). A 1998 study of women seeking shel-
ter at a safe house showed that 71% of those having pets affirmed that
their partner had threatened, hurt or killed their companion animals
(Ascione, 1998).
LEGISLATIVE HISTORY:
2011-12 S 2015/A.299;
2013-2014 A9489 - referred to Agriculture
2015-2016: Referred to agriculture
2017-18: Referred to Agriculture
2019-20: Referred to Agriculture
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
5809
2023-2024 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. The agriculture and markets law is amended by adding a new
2 section 353-g to read as follows:
3 § 353-g. Animal abuser registry. 1. For purposes of this section, the
4 term "animal abuser" means a person over eighteen years of age who has
5 been convicted of a felony violation of any provision of this article or
6 of the comparable statutes of another state.
7 2. Any animal abuser physically within the boundaries of this state
8 for more than ten consecutive days shall register with the county sher-
9 iff for the county in which the animal abuser is located before the end
10 of the eleventh day in the state.
11 3. Any previously registered animal abuser shall reregister with the
12 county sheriff for the county in which the animal abuser is located no
13 later than ten days after moving to a new location within the state.
14 4. When an animal abuser registers with the county sheriff, the animal
15 abuser shall provide the following registration information:
16 (a) the legal name and any other names or aliases that the animal
17 abuser is using or has used;
18 (b) the date of birth of the animal abuser;
19 (c) the social security number of the animal abuser;
20 (d) the current address or location of the animal abuser;
21 (e) the place of employment of the animal abuser;
22 (f) the animal protection offense for which the animal abuser was
23 convicted; and
24 (g) the date and place of the animal protection offense conviction of
25 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
1 5. When an animal abuser registers with a county sheriff, the sheriff
2 shall obtain:
3 (a) a photograph of the animal abuser and a complete set of the animal
4 abuser's fingerprints; and
5 (b) a description of any tattoos, scars or other distinguishing
6 features on the animal abuser's body that would assist in identifying
7 the animal abuser.
8 6. Following an animal abuser's initial registration pursuant to the
9 provisions of this section, an animal abuser shall annually renew the
10 animal abuser's registration with the county sheriff prior to December
11 thirty-first of each subsequent calendar year for a period of fifteen
12 years.
13 7. An animal abuser who intentionally or knowingly fails to comply
14 with the registration requirements, or provides false information when
15 complying with the registration requirements set forth in this section,
16 is guilty of a class E felony.
17 8. Each county sheriff shall maintain a local registry of animal abus-
18 ers in the sheriff's jurisdiction required to register pursuant to this
19 section.
20 9. The county sheriff shall forward all registration information
21 obtained from animal abusers to the New York state division of criminal
22 justice services.
23 10. Within ten days of receiving initial registration information from
24 an animal abuser, the county sheriff shall contact every residence,
25 school, humane society, animal shelter and any other business within a
26 half mile radius of the animal abuser's residence or location and
27 provide them with the animal abuser's registration information, with the
28 exception of the animal abuser's social security number.
29 11. The New York state division of criminal justice services shall
30 maintain a central registry of animal abusers required to register
31 pursuant to the provisions of this section. The central registry of
32 animal abusers shall be made available to the public through internet
33 access, telephone access, written access and in-person access. All of
34 the information contained in an animal abuser's registration, with the
35 exception of the animal abuser's social security number, shall be made
36 available. Records of each animal abuser's registration shall be main-
37 tained for the duration of the fifteen year period in which the animal
38 abuser is required to be registered.
39 § 2. This act shall take effect immediately.
