What's happening
This bill prohibits people convicted under Buster's Law from owning pets unless a court determines they are psychologically fit.
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Ban Animal Abusers From Pets
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to domestic animal welfare
- Referred to domestic animal welfare
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Animal Abusers From Pets
In Assembly Committee · Agriculture · Sponsor Linda Rosenthal
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2007
2019-2020 Regular Sessions
IN SENATE
January 18, 2019
Introduced by Sens. TEDISCO, FELDER, O'MARA, RANZENHOFER, ROBACH -- read twice and ordered printed, and when printed to be committed to the Committee on Domestic Animal Welfare
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"
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 353-a of the agriculture and markets law is amended by adding a new subdivision 4 to read as follows:
4. On and after the effective date of this subdivision, no person who is convicted of a violation of this section shall own or possess a companion animal unless and until authorized by a court order issued by a county court judge of his or her county of residence. No such order shall be issued until such convicted 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 of his or her capable and sound mental capacity and ability to own and properly care for such an animal in a humane manner.
§ 2. This act shall take effect on the thirtieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03890-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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"
Purpose or general idea of bill
To increase penalties (maximum prison sentences and maximum fines) for engaging in animal fighting and committing the crime of Aggravated Cruelty to Animals (aka Buster's Law) and require psychiatric evaluation/treatment for those committing the crime of Aggravated Cruel- ty to Animals.
Summary of specific provisions
Section 1: Section 353-a of Agriculture and Markets Law is amended by adding a new subdivision 4 to read as follows:
4.0n and after the effective date of subdivision, no person who is convicted of a violation of this section shall own or possess a compan- ion animal unless and until authorized by a court order issued by a county court judge of his or her county of residence. No such order shall be issued until such convicted 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 of his or her capable n sound mental capacity and ability to own and properly care for such an animal in a humane manner.
Justification
Animal cruelty is viewed by experts as an indicator for future violence against humans. Since his 1997 arrest that led to "Buster's Law," Ches- ter Williamson has been imprisoned numerous times for crimes including Possession of Stolen Property and Attempted Burglary. In Fall 2007 his criminal path took a predictable turn with his arrest for attempted rape, sexual abuse and unlawful imprisonment of a 12-year-old girl.
Requiring early intervention in the form of psychiatric evaluation and treatment would be another tool in the attempt to modify behavior patterns to halt this pattern for escalating abuse while ensuring acts are not permitted to go on to harm anotherthat those who commit these horrific acts are not permitted to go on to harm another companion animal.
Prior legislative history
02/02/15: S.3030 REFERRED TO AGRICULTURE
04/22/15: S.3030 1ST REPORT CAL.368
04/27/15: S.3030 ADVANCED TO THIRD READING
06/25/15: S.3030 committed to rules
01/06/16: S.3030 REFFERED TO AGRICULTURE 01/13/17: S.2501 REFERRED TO AGRICULTURE
05/16/17:S.2501 1ST REPORT CAL.936
05/17/17:S.2501 2ND REPORT CAL.
05/22/17:S.2501 ADVANCED TO THIRD READING
06/06/17:S.2501 PASSED SENATE
06/06/17:S.2501 DELIVERED TO ASSEMBLY
06/06/17:S.2501 referred to agriculture
01/03/18: S.2501 died in assembly
01/03/18: S.2501 returned to senate
01/03/18: S.2501 REFERRED TO AGRICULTURE
06/05/18: S.2501 REPORTED AND COMMITTED TORULES
06/05/18: S.2501 COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/06/18: S.2501 ORDERED TO THIRD READING CAL.1537
06/06/18: S.2501 PASSED SENATE
06/06/18: S.2501 DELIVERED TO ASSEMBLY
06/06/18: S.2501 referred to agriculture
Fiscal implications for state and local governments
None
Effective date
This act shall take effect on the thirteenth day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.