Requires each violator of "Buster's Law" to register his or her name and address with the division of criminal justice services

Summary of provisions

Section one - amend the agriculture and markets law by adding a new section 352 to read as follows: Animal cruelty register. Any person who is convicted of a violation of section 351 or three 353a of this article shall register with the department of criminal justice services. Such registration shall be made in a manner and form to be determined by the division of criminal justice services, and shall include, at minimum, the name and address of such registrant. The division of criminal justice services shall maintain registration information received pursuant to this section in a registry: Such registry shall be in print and in electronic form and shall be 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, animal control officers, breeders or animals and pet stores doing business in this state. Any person required to register pursuant to this section shall register annually, or each time such person moves to a new address and shall continue to register until such person receives a court order ordering such registration to cease. No such order shall be issued until such person first demonstrates to the court that he or she has undergone psychiatric or psychological testing, the results of which indicate by clear and convincing evidence his or her capable and sound mental capacity and ability to own and properly care for an animal in a humane manner. Any person required to register pursuant to this section shall not own a companion animal or have employment at an animal shelter, pound, pet store, zoo or other business establishment where companion animals are present. Any person who is convicted of a violation of section 351 or 353a of this article shall, in addition to any other penalty or term of imprisonment authorized by law, be subject to a mandatory surcharge of fifty dollars which shall be used to pay for the costs and expenses associated with establishing and maintaining the registry required by this section.

Section one - also states the provisions of this section shall apply to all municipalities, including cities having a population of one million or more, and shall supersede any local law, rule, regulation, code or ordinance regulating the establishment, implementation and enforcement of an animal cruelty or abuser registry.

Section two - states that this act shall take effect on the thirtieth day after it shall become law.

Justification

Just like the laws that are currently in place to protect children and the elderly, laws should be put in place to protect our animals. Much like Megan's Law was designed to prevent sex offenders from repeating crimes against children, this legislation will serve to prevent animal abusers from committing repeat offenses, The animal abusers registry will contain the names and addresses of persons convicted of violating Buster's Law in New York State. By maintaining the registry with current information and providing easy accessibility to the public, those involved in the sale or adoption of animals can refer to the registry before allowing an individual to take ownership of an animal. Abuse of animals has also proven to be a gateway to acts of domestic violence. This bill would not only provide increased protection to animals, but would also establish an organized registry of persons who may be more inclined to inflict violent behavior on a human.

Legislative history

2013: A.4516; referred to agriculture 2012: A.1506-a; print number 1506a 2012; A.1506; amend and recommit to agriculture 2012; A.1506; held for consideration in agriculture 2012: A.1506; referred to agriculture 2011: A.1506; referred to agriculture

Fiscal implications

None.

Effective date

This act shall take effect on the thirtieth day after it shall become law.