Relates to the creation of a crime database of all convictions in New York state of animal cruelty, fighting, neglect, abandonment and mistreatment; makes such crime database available to all law enforcement entities, district attorneys, duly incorporated humane societies, societies for the prevention of cruelty to animals, dog or cat protective associations and animal control officers.
STATE OF NEW YORK
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5156
2021-2022 Regular Sessions
IN SENATE
February 25, 2021
___________
Introduced by Sen. BROOKS -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
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:
1 Section 1. Legislative findings. Studies in psychology, sociology and
2 criminology have demonstrated that violent offenders frequently have
3 childhood and adolescent histories of serious and repeated animal cruel-
4 ty. The Federal Bureau of Investigation has recognized this connection
5 since the 1970s when its analysis of the lives of serial killers
6 suggested that most had killed or tortured animals during their life.
7 Other research has shown consistent patterns of animal cruelty among
8 perpetrators of more common forms of violence, including child abuse,
9 spouse abuse, and elder abuse, leading the American Psychiatric Associ-
10 ation to consider animal cruelty as one of the diagnostic criteria of
11 conduct disorder.
12 § 2. The executive law is amended by adding a new section 837-w to
13 read as follows:
14 § 837-w. Animal cruelty database. 1. The division shall establish and
15 maintain a crime database of all convictions in New York state of animal
16 cruelty, animal fighting, animal neglect, animal abandonment, and
17 mistreatment of animals as set forth in article twenty-six of the agri-
18 culture and markets law and the penal law where data of such crimes
19 shall be collected and displayed in a manner that facilitates analysis
20 and the protection of animals. For the purpose of this section,
21 convictions shall also include pleas to a charge other than animal
22 cruelty, animal fighting, animal neglect, animal abandonment, and
23 mistreatment of animals as set forth in article twenty-six of the agri-
24 culture and markets law and the penal law in satisfaction of the animal
25 cruelty, animal fighting, animal neglect, animal abandonment or other
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01071-01-1
S. 5156 2
1 animal mistreatment charge or where the animal cruelty, animal fighting,
2 animal neglect, animal abandonment or other animal mistreatment charge
3 has not resulted in a dismissal on the merits.
4 2. Such crime database shall include, but not be limited to, names and
5 ages of persons eighteen years of age or older who have been convicted
6 of animal cruelty, animal fighting, animal neglect, animal abandonment
7 and other laws pertaining to the mistreatment of animals as set forth in
8 article twenty-six of the agriculture and markets law and the penal law,
9 the specific acts of animal cruelty, animal fighting, animal neglect,
10 animal abandonment or the mistreatment of animals that were the basis of
11 the conviction, the date or dates the acts took place, and the county
12 where such acts took place.
13 3. The crime database shall be in print and in electronic form and
14 shall be available to all law enforcement entities, district attorneys,
15 duly incorporated humane societies, societies for the prevention of
16 cruelty to animals, dog and cat protective associations and animal
17 control officers.
18 4. Nothing in this section shall be construed to limit or restrict
19 municipalities from enacting or enforcing local laws, rules, regulations
20 or ordinances establishing and maintaining an animal abuse registry or
21 database or other means of tracking or identifying persons charged with
22 violating animal abuse laws.
23 § 3. This act shall take effect twelve months after it shall have
24 become a law. Effective immediately, the division of criminal justice
25 services is authorized to promulgate rules and regulations as it deems
26 necessary to effectuate the purposes of this act, on or before such
27 effective date.
