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S04273 Summary:

BILL NOS04273
 
SAME ASSAME AS A10049
 
SPONSORTEDISCO
 
COSPNSRADDABBO, BONACIC, BOYLE, MARCHIONE, MURPHY, O'MARA
 
MLTSPNSR
 
Add 352, Ag & Mkts L
 
Requires each violator of "Buster's Law" to register his or her name and address with the division of criminal justice services.
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S04273 Actions:

BILL NOS04273
 
02/07/2017REFERRED TO AGRICULTURE
01/03/2018REFERRED TO AGRICULTURE
06/05/2018REPORTED AND COMMITTED TO RULES
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S04273 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4273
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                    February 7, 2017
                                       ___________
 
        Introduced by Sens. TEDISCO, ADDABBO, BONACIC, BOYLE, MARCHIONE, MURPHY,
          O'MARA  --  read  twice  and  ordered  printed, and when printed to be
          committed to the Committee on Agriculture
 
        AN ACT to amend the agriculture and markets law, in relation  to  estab-
          lishing a public registry for persons convicted of violating "Buster's
          Law"

          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 352 to read as follows:
     3    §  352. Public animal cruelty register. 1. Any person who is convicted
     4  of a violation of section  three  hundred  fifty-one  or  three  hundred
     5  fifty-three-a of this article shall register with the division of crimi-
     6  nal  justice services.   Such registration shall be made in a manner and
     7  form to be determined by the division of criminal justice services,  and
     8  shall  include,  at  a minimum, the name and address of such registrant.
     9  The division of criminal justice services  shall  maintain  registration
    10  information received pursuant to this section in a registry. Such regis-
    11  try  shall  be in print and in electronic form and shall be available to
    12  the public as well as all law enforcement entities, district  attorneys,
    13  duly  incorporated  humane  societies,  societies  for the prevention of
    14  cruelty to animals, dog or cat protective associations,  animal  control
    15  officers, breeders of animals, animal rescues and pet stores doing busi-
    16  ness  in  this state.   Any person required to register pursuant to this
    17  section shall register annually, or each time such person moves to a new
    18  address and shall continue to register  until  such  person  receives  a
    19  court  order ordering such registration to cease. No such order shall be
    20  issued until such person first demonstrates to the court that he or  she
    21  has undergone psychiatric or psychological testing, the results of which
    22  indicate  by  clear and convincing evidence his or her capable and sound
    23  mental capacity and ability to own and properly care for an animal in  a
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05407-01-7

        S. 4273                             2
 
     1  humane  manner. Any person required to register pursuant to this section
     2  shall not own a companion animal or have employment at an  animal  shel-
     3  ter, pound, pet store, zoo or other business establishment where compan-
     4  ion  animals  are present. Any person who is convicted of a violation of
     5  section three hundred fifty-one or three hundred fifty-three-a  of  this
     6  article  shall, in addition to any other penalty or term of imprisonment
     7  authorized by law, be subject to a mandatory annual surcharge  of  fifty
     8  dollars  which  shall  be  used to pay for costs and expenses associated
     9  with establishing and maintaining the registry required by this section.
    10    2. The provisions of this section shall apply to  all  municipalities,
    11  including  cities  having a population of one million or more, and shall
    12  supersede any local law, rule, regulation, code or ordinance  regulating
    13  the  establishment,  implementation and enforcement of an animal cruelty
    14  or abuser registry.
    15    § 2. This act shall take effect on the thirtieth day  after  it  shall
    16  have become a law.
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