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A05070 Summary:

BILL NOA05070
 
SAME ASNo Same As
 
SPONSORMcDonough
 
COSPNSRRaia, Curran, DiPietro, Crouch, Brabenec
 
MLTSPNSRHawley, Miller ML
 
Add Art 26-C 420 - 423, Ag & Mkts L
 
Establishes the animal abuser registration act.
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A05070 Actions:

BILL NOA05070
 
02/06/2017referred to agriculture
01/03/2018referred to agriculture
06/06/2018held for consideration in agriculture
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A05070 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5070
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 6, 2017
                                       ___________
 
        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.
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