Bill Text: NY S06401 | 2013-2014 | General Assembly | Introduced


Bill Title: Relates to the creation of an animal cruelty and animal fighting database; researches purposes; makes such 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: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-21 - REFERRED TO FINANCE [S06401 Detail]

Download: New_York-2013-S06401-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6401
                                   I N  S E N A T E
                                   January 21, 2014
                                      ___________
       Introduced  by  Sen. O'BRIEN -- 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    S  2.  The  executive  law is amended by adding a new section 837-s to
   13  read as follows:
   14    S 837-S. ANIMAL CRUELTY DATABASE. THE  DIVISION  SHALL  ESTABLISH  AND
   15  MAINTAIN  A  CRIME  DATABASE  ON ALL CRIMES OF ANIMAL CRUELTY AND ANIMAL
   16  FIGHTING COMMITTED IN THE STATE WHERE  DATA  OF  SUCH  CRIMES  SHALL  BE
   17  COLLECTED  AND  DISPLAYED  IN  A MANNER THAT FACILITATES ANALYSIS.  SUCH
   18  CRIME DATABASE SHALL INCLUDE, BUT NOT BE LIMITED TO,  NAMES  OF  PERSONS
   19  CONVICTED  OF ANIMAL CRUELTY AND ANIMAL FIGHTING AS SET FORTH IN ARTICLE
   20  TWENTY-SIX OF THE AGRICULTURE AND MARKETS LAW AND THE SPECIFIC  ACTS  OF
   21  ANIMAL CRUELTY OR ANIMAL FIGHTING THAT WERE THE BASIS OF THE CONVICTION.
   22  FOR  THE  PURPOSES  OF  THIS  SECTION,  SUCH DATABASE SHALL ALSO INCLUDE
   23  INFORMATION ON PERSONS WHO HAVE PLED  GUILTY  TO  A  CHARGE  OTHER  THAN
   24  ANIMAL  CRUELTY OR ANIMAL FIGHTING IN SATISFACTION OF THE ANIMAL CRUELTY
   25  OR ANIMAL FIGHTING CHARGE OR WHERE ANIMAL CRUELTY OR THE ANIMAL FIGHTING
   26  CHARGE HAS NOT  RESULTED  IN  A  DISMISSAL  ON  THE  MERITS.  THE  CRIME
   27  DATA-BASE  SHALL  BE IN PRINT AND IN ELECTRONIC FORM AND SHALL BE AVAIL-
   28  ABLE TO ALL LAW ENFORCEMENT ENTITIES, DISTRICT ATTORNEYS, DULY  INCORPO-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02346-01-3
       S. 6401                             2
    1  RATED  HUMANE  SOCIETIES,  SOCIETIES  FOR  THE  PREVENTION OF CRUELTY TO
    2  ANIMALS, DOG OR CAT PROTECTIVE ASSOCIATIONS AND ANIMAL CONTROL OFFICERS.
    3    S  3. This act shall take effect June 1, 2015, provided, however, that
    4  effective immediately, the division of criminal justice  services  shall
    5  promulgate rules and regulations as it deems necessary to effectuate the
    6  purposes of this act, on or before such effective date.
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