Bill Text: NY A01090 | 2019-2020 | General Assembly | Introduced

New York Assembly Bill 1090 (Prior Session Legislation)

Introduced

Bill Title: Relates to the creation of a crime database of all convictions in New York state of animal cruelty, fighting, neglect, abandonment and mistreatment; makes such crime database 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 and animal control officers.

Spectrum: Moderate Partisan Bill (Democrat 22-6)

Status: (Introduced - Dead) 2020-01-08 - referred to codes [A01090 Detail]

Download: New_York-2019-A01090-Introduced.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                          1090
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 14, 2019
                                       ___________
        Introduced  by M. of A. L. ROSENTHAL, LUPARDO, DINOWITZ, COLTON, JAFFEE,
          HEVESI, BENEDETTO, ENGLEBRIGHT, MONTESANO, OTIS, PERRY, STIRPE,  HUNT-
          ER,  BYRNE,  MOSLEY,  GALEF,  SIMON  -- Multi-Sponsored by -- M. of A.
          BARNWELL, COOK, GLICK, GOTTFRIED, MALLIOTAKIS, McDONOUGH,  M. G. MILL-
          ER,  RAIA,  THIELE -- read once and referred to the Committee on Agri-
          culture
        AN ACT to amend the executive law, in relation to  the  creation  of  an
          animal cruelty and animal fighting database
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Legislative findings. Studies in psychology, sociology  and
     2  criminology  have  demonstrated  that  violent offenders frequently have
     3  childhood and adolescent histories of serious and repeated animal cruel-
     4  ty. The Federal Bureau of Investigation has recognized  this  connection
     5  since  the  1970s  when  its  analysis  of  the  lives of serial killers
     6  suggested that most had killed or tortured animals  during  their  life.
     7  Other  research  has  shown  consistent patterns of animal cruelty among
     8  perpetrators of more common forms of violence,  including  child  abuse,
     9  spouse  abuse, and elder abuse, leading the American Psychiatric Associ-
    10  ation to consider animal cruelty as one of the  diagnostic  criteria  of
    11  conduct disorder.
    12    §  2.  The  executive  law is amended by adding a new section 837-t to
    13  read as follows:
    14    § 837-t. Animal cruelty database.  1. The division shall establish and
    15  maintain a crime database of all convictions in New York state of animal
    16  cruelty,  animal  fighting,  animal  neglect,  animal  abandonment,  and
    17  mistreatment  of animals as set forth in article twenty-six of the agri-
    18  culture and markets law and the penal law  where  data  of  such  crimes
    19  shall  be  collected and displayed in a manner that facilitates analysis
    20  and the  protection  of  animals.  For  the  purpose  of  this  section,
    21  convictions  shall  also  include  pleas  to  a charge other than animal
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00520-01-9

        A. 1090                             2
     1  cruelty,  animal  fighting,  animal  neglect,  animal  abandonment,  and
     2  mistreatment  of animals as set forth in article twenty-six of the agri-
     3  culture and markets law and the penal law in satisfaction of the  animal
     4  cruelty,  animal  fighting,  animal neglect, animal abandonment or other
     5  animal mistreatment charge or where the animal cruelty, animal fighting,
     6  animal neglect, animal abandonment or other animal  mistreatment  charge
     7  has not resulted in a dismissal on the merits.
     8    2. Such crime database shall include, but not be limited to, names and
     9  ages  of  persons eighteen years of age or older who have been convicted
    10  of animal cruelty, animal fighting, animal neglect,  animal  abandonment
    11  and other laws pertaining to the mistreatment of animals as set forth in
    12  article twenty-six of the agriculture and markets law and the penal law,
    13  the  specific  acts  of animal cruelty, animal fighting, animal neglect,
    14  animal abandonment or the mistreatment of animals that were the basis of
    15  the conviction, the date or dates the acts took place,  and  the  county
    16  where such acts took place.
    17    3.  The  crime  database  shall be in print and in electronic form and
    18  shall be available to all law enforcement entities, district  attorneys,
    19  duly  incorporated  humane  societies,  societies  for the prevention of
    20  cruelty to animals, dog  and  cat  protective  associations  and  animal
    21  control officers.
    22    4.  Nothing  in  this  section shall be construed to limit or restrict
    23  municipalities from enacting or enforcing local laws, rules, regulations
    24  or ordinances establishing and maintaining an animal abuse  registry  or
    25  database  or other means of tracking or identifying persons charged with
    26  violating animal abuse laws.
    27    § 3. This act shall take effect twelve  months  after  it  shall  have
    28  become  a  law; provided, however, that effective immediately, the divi-
    29  sion of criminal justice services shall promulgate rules and regulations
    30  as it deems necessary to effectuate the purposes  of  this  act,  on  or
    31  before such effective date.