NEW YORK SENATE PASSES BALL’S BILL TO CREATE REGISTRY FOR CONVICTED ANIMAL ABUSERS

Escrito por NY Senate. Publicado en News in English.

Sen. Greg Ball

NEW YORK SENATE PASSES BALL’S BILL TO CREATE REGISTRY FOR CONVICTED ANIMAL ABUSERS


(Senator Greg Ball pictured on NYS Animal Advocacy Day with Phoenix, the jack russell terrier that was badly burned by a teenager who admitted to dousing the puppy in lighter fluid and setting him on fire)

Albany, N.Y. – (6/18/13) – Senator Greg Ball (R,C,I-Patterson) announced that the New York State Senate has passed S2305A, legislation that will require those that violate Buster’s Law by abusing animals, register his or her name and address with the division of criminal justice services, undergo a psychiatric evaluation and will also ban them from ever owning a pet again.

Buster’s Law, which was passed in 1999, made animal cruelty in New York State a felony. The law was named after a cat that was doused in kerosene and lit on fire in 1997. Now Senator Ball has passed a bill in the Senate to take “Buster’s Law” even further and create an animal abuse registry.

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.

“Buster’s Law was a landmark bill for our furry little friends. This animal abuse registry will prevent repeat animal abuse offenders,” said Senator Greg Ball. “Persons who commit crimes against animals represent some of the worst kind of people, and often expand their carnage to their neighbors and the larger community. Most people can agree that the level of respect and kindness shown for animals, creatures who cannot speak for themselves, or protect themselves and are easily abused and taken advantage of, is a fine predictor of how a person will treat their peers. Violent and cruel behavior towards animals, cannot and should not be tolerated.”

As there are laws to protect children and the elderly from abuse, it is important to extend this means of protection to animals as well. 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 bill has been sent to the assembly where it is sponsored by Assemblyman Jim Tedisco (R,C,I-Glenville).
“As legislators, we can walk and chew gum at the same time. We’ve passed three consecutive on-time budgets, cut taxes for middle class families and begun to help get New York working. We’ve expanded the DNA database to help catch criminals and exonerate the innocent, and now we have an opportunity to advance additional public safety measures including protecting our pets from abuse and ensuring animal abusers don’t go on to hurt people,” said Assemblyman Tedisco, the driving force behind passage of the landmark Buster’s Law and the sponsor of the Buster’s Law registry in the Assembly. “Thanks to Senator Greg Ball for shepherding this bill through the Senate. This was a top priority at our NYS Animal Advocacy Day. Now we need to push the Assembly to protect all members of our family.”
Press release here.


ALBANY – The New York State Senate has passed legislation that will require those that violate Buster’s Law by abusing animals register their name and address with the division of criminal justice services, undergo a psychiatric evaluation and will also ban them from ever owning a pet again, Senator Greg Ball (R,C,I-Patterson) announced Tuesday.

Buster’s Law, which was passed in 1999, made animal cruelty in New York state a felony. The law was named after a cat that was doused in kerosene and lit on fire in 1997. Now Senator Ball has passed a bill in the Senate to take “Buster’s Law” even further and create an animal abuse registry.
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.

“Buster’s Law was a landmark bill for our furry little friends. This animal abuse registry will prevent repeat animal abuse offenders,” said Ball. “Persons who commit crimes against animals represent some of the worst kind of people, and often expand their carnage to their neighbors and the larger community. Most people can agree that the level of respect and kindness shown for animals, creatures who cannot speak for themselves, or protect themselves and are easily abused and taken advantage of, is a fine predictor of how a person will treat their peers. Violent and cruel behavior towards animals, cannot and should not be tolerated.”

The bill has been sent to the assembly where it is sponsored by Assemblyman Jim Tedisco (R,C,I-Glenville).
“As legislators, we can walk and chew gum at the same time. We’ve passed three consecutive on-time budgets, cut taxes for middle class families and begun to help get New York working. We’ve expanded the DNA database to help catch criminals and exonerate the innocent, and now we have an opportunity to advance additional public safety measures including protecting our pets from abuse and ensuring animal abusers don’t go on to hurt people,” said Assemblyman Tedisco, the driving force behind passage of the landmark Buster’s Law and the sponsor of the Buster’s Law registry in the Assembly. “Thanks to Senator Greg Ball for shepherding this bill through the Senate. This was a top priority at our NYS Animal Advocacy Day. Now we need to push the Assembly to protect all members of our family.”


Bill S2305A-2013


Requires each violator of "Buster's Law" to register his or her name and address with the division of criminal justice services
Requires each violator of "Buster's Law" to register his or her name and address with the division of criminal justice services.
 
  • Jun 17, 2013: referred to agriculture
  • Jun 17, 2013: DELIVERED TO ASSEMBLY
  • Jun 17, 2013: PASSED SENATE
  • Jun 17, 2013: ORDERED TO THIRD READING CAL.1375
  • Jun 17, 2013: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Apr 5, 2013: PRINT NUMBER 2305A
  • Apr 5, 2013: AMEND (T) AND RECOMMIT TO FINANCE
  • Mar 12, 2013: REPORTED AND COMMITTED TO FINANCE
  • Mar 12, 2013: REPORTED AND COMMITTED TO FINANCE
  • Jan 15, 2013: REFERRED TO AGRICULTURE
  • Jan 15, 2013: REFERRED TO AGRICULTURE
 Rules: Jun 17, 2013Rules: Jun 18, 2013 

Floor Calendar: Jun 17, 2013

p://open.nysenate.gov/legislation/img/222222_256x240_icons_icons.png

VOTE: COMMITTEE VOTE: - Agriculture - Mar 12, 2013

Ayes (7): RitchieGallivanO'MaraSewardValeskyYoungSerrano 
Ayes W/R (3): RanzenhoferGipsonTkaczyk 
Nays (1): Montgomery



VOTE: COMMITTEE VOTE: - Rules - Jun 17, 2013
Ayes (21): SkelosLibousBonacicCarlucciFarleyFlanagan
FuschilloHannonLarkinLaValleMarcellinoMaziarz
Nozzolio,SewardValeskyStewart-CousinsBreslinDilan
Hassell-ThompsonEspaillatGianaris
Ayes W/R (1): 
Krueger 
Nays (2): MontgomeryPerkins 
Excused (1): Parker



VOTE: FLOOR VOTE: - Jun 17, 2013
Ayes (60): AdamsAddabboAvellaBallBonacicBoyleBreslin,

 CarlucciDeFranciscoDiazDilanEspaillatFarleyFelder,Flanagan
FuschilloGallivanGianarisGipsonGoldenGriffoGrisantiHannon
Hassell-ThompsHoylmanKennedyKlein,KruegerLanzaLarkin
LatimerLaValleLibousLittleMarcellinoMarchioneMartinsMaziarz
NozzolioO'BrienO'MaraPeralta,PerkinsRitchieRiveraRobach
SampsonSandersSavinoSerranoSewardSkelosSmith
SquadronStaviskyStewart-Cousin,TkaczykValeskyYoungZeldin 
Nays (2): MontgomeryRanzenhofer 
Excused (1): Parker


TITLE OF BILL: An act to amend the agriculture and markets law, in relation to establishing a public registry for persons convicted of violating "Buster's Law"
PURPOSE: To require 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: Unfortunately, animal abuse is a prevalent problem in our society. As there are laws to protect children and the elderly from abuse, it is important to extend this means of protection to animals as well. 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: New Bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the thirtieth day after it shall become law.

STATE OF NEW YORK    2305--A 2013-2014 Regular Sessions IN SENATE January 15, 2013

Introduced by Sens. BALL, ADDABBO, GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Agricul- ture -- reported favorably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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: Section 1. The agriculture and markets law is amended by adding a new section 352 to read as follows: S 352. PUBLIC ANIMAL CRUELTY REGISTER. 1. ANY PERSON WHO IS CONVICTED OF A VIOLATION OF SECTION THREE HUNDRED FIFTY-ONE OR THREE HUNDRED FIFTY-THREE-A OF THIS ARTICLE SHALL REGISTER WITH THE DIVISION OF CRIMI- NAL 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 A 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 REGIS- TRY SHALL BE IN PRINT AND IN ELECTRONIC FORM AND SHALL BE AVAILABLE TO THE PUBLIC AS WELL AS 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 OF ANIMALS, ANIMAL RESCUES AND PET STORES DOING BUSI- NESS 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 SHEL- TER, POUND, PET STORE, ZOO OR OTHER BUSINESS ESTABLISHMENT WHERE COMPAN- ION ANIMALS ARE PRESENT. ANY PERSON WHO IS CONVICTED OF A VIOLATION OF SECTION THREE HUNDRED FIFTY-ONE OR THREE HUNDRED FIFTY-THREE-A OF THIS ARTICLE SHALL, IN ADDITION TO ANY OTHER PENALTY OR TERM OF IMPRISONMENT AUTHORIZED BY LAW, BE SUBJECT TO A MANDATORY ANNUAL SURCHARGE OF FIFTY DOLLARS WHICH SHALL BE USED TO PAY FOR COSTS AND EXPENSES ASSOCIATED WITH ESTABLISHING AND MAINTAINING THE REGISTRY REQUIRED BY THIS SECTION. 2. 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. S 2. This act shall take effect on the thirtieth day after it shall have become a law.



Adjuntos:
ArchivoDescripciónTamaño
Descargar este archivo (S2305A-2013-NY-Senate-Open-Legislation.pdf)Bill S2305A-2013Bill S2305A-2013237 kB