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History
- Referred to agriculture
Full text
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Sponsor's memo
BILL NUMBER:A9912
Title of bill
An act to amend the agriculture and markets law, in relation to limiting the ownership or possession of companion animals by persons convicted of violating "Buster's Law"; and in relation to horses
Purpose
Expands the scope of"Buster's Law" to provide additional protection to companion animals and broadens the definition of "compan- ion animal" to include horses.
Summary of provisions
Section 1 Amends section 353-a of the Agricul- ture and Markets Law to provide that no person convicted of a violation of "Buster's Law" shall own or possess a companion animal, unless or until authorized by a judge of the county court where such person resides. Additionally, no court order shall be issued unless the person convicted of animal cruelty demonstrates that he/she has undergone psychological or psychiatric evaluation and that the results indicate that the person is able to properly care for a companion animal.
Section 2 Amends subdivision 4 of section 350 of the Agriculture and Markets Law to remove horses from the definition of "Farm Animal"
Section 3 Adds a new section 350 to the Agriculture and Markets Law to define an "Equine Companion" as any horse so used for recreational pursuits, including but not limited to: racing, jumping, showing, reha- bilitative purposes or otherwise treated in an open and known fashion as a "companion animal" or "pet" as defined in subdivision five of this section.
Section 4 Contains the effective date.
Existing law
Existing law does not forbid persons convicted of "Buster's Law" from owning a companion animal and it does not treat horses as companion animals.
Justification
The recent tragedy where a horse named "Skye" was gabbed to death in Hoosick, NY highlights the need for this bill. While Micha- el Lohnes, the man that killed Skye has been sentenced to 3 to 7 years in prison, his lengthy sentence was a result of also being convicted of burglary. It was unclear whether Mr. Lohnes could be prosecuted under "Buster's Law" as horses are not included as companion animals. This bill will clear up any uncertainty and provide companion animal protections to horses that are treated as pets. Persons convicted of animal cruelty are often repeat offenders who will strike again if they do not receive proper psychological treatment. This bill will deny persons convicted of animal cruelty the ability to possess a companion animal unless they pass a psychological evaluation. This step will prevent additional cases of animal abuse and may save human lives as studies have shown that animal cruelty is "bridge crime" and that offen- ders often commit crimes against people.
Legislative history
New Bill
Fiscal implications
: None
Effective date
This act shall take effect on the thirtieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.