STATE OF NEW YORK ________________________________________________________________________ 2558 2017-2018 Regular Sessions IN SENATE January 13, 2017 ___________ Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Finance 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 22 cruelty, animal fighting, animal neglect, animal abandonment, and 23 mistreatment of animals as set forth in article twenty-six of the agri- 24 culture and markets law and the penal law in satisfaction of the animal 25 cruelty, animal fighting, animal neglect, animal abandonment or other EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01711-01-7S. 2558 2 1 animal mistreatment charge or where the animal cruelty, animal fighting, 2 animal neglect, animal abandonment or other animal mistreatment charge 3 has not resulted in a dismissal on the merits. 4 2. Such crime database shall include, but not be limited to, names and 5 ages of persons eighteen years of age or older who have been convicted 6 of animal cruelty, animal fighting, animal neglect, animal abandonment 7 and other laws pertaining to the mistreatment of animals as set forth in 8 article twenty-six of the agriculture and markets law and the penal law, 9 the specific acts of animal cruelty, animal fighting, animal neglect, 10 animal abandonment or the mistreatment of animals that were the basis of 11 the conviction, the date or dates the acts took place, and the county 12 where such acts took place. 13 3. The crime database shall be in print and in electronic form and 14 shall be available to all law enforcement entities, district attorneys, 15 duly incorporated humane societies, societies for the prevention of 16 cruelty to animals, dog and cat protective associations and animal 17 control officers. 18 4. Nothing in this section shall be construed to limit or restrict 19 municipalities from enacting or enforcing local laws, rules, regulations 20 or ordinances establishing and maintaining an animal abuse registry or 21 database or other means of tracking or identifying persons charged with 22 violating animal abuse laws. 23 § 3. This act shall take effect twelve months after it shall have 24 become a law; provided, however, that effective immediately, the divi- 25 sion of criminal justice services shall promulgate rules and regulations 26 as it deems necessary to effectuate the purposes of this act, on or 27 before such effective date.