A00343 Summary:

BILL NOA00343
 
SAME ASSAME AS S06812
 
SPONSORRosenthal
 
COSPNSRLupardo, Dinowitz, Colton, Jaffee, Hevesi, Benedetto, Kavanagh, Montesano, Titone, Englebright, Otis, Skoufis, Perry, Murray
 
MLTSPNSRCeretto, Cook, Corwin, Glick, Gottfried, Hooper, Lopez, Magee, Malliotakis, Markey, McDonough, McKevitt, Miller, Raia, Schimel, Tedisco, Thiele
 
Add S837-s, Exec L
 
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.
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A00343 Actions:

BILL NOA00343
 
01/07/2015referred to agriculture
04/28/2015reported referred to codes
01/06/2016referred to agriculture
04/12/2016reported referred to codes
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A00343 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A343
 
SPONSOR: Rosenthal (MS)
  TITLE OF BILL: An act to amend the executive law, in relation to the creation of an animal cruelty and animal fighting database   PURPOSE OF BILL: The purpose of this bill is to require the establishment and maintenance of a database for the collection and analysis of information relating to crimes against animals. The information contained in this database would be available to various law enforcement and humanitarian agencies.   SUMMARY OF PROVISIONS: Section one explains how studies have demonstrated that violent offen- ders often have histories of repeated animal cruelty. Section two amends the executive law by adding section 837-s. Section three sets out the effective date.   JUSTIFICATION: Since the 1970s, the FBI has linked the repeated instance of animal killing and torture with its-analysis of the lives of serial killers. Studies in psychology, sociology, and criminology have further demon- strated that violent offenders often have childhood and adolescent histories of repeated and serious animal abuse. Other research has shown consistent patterns of animal cruelty among the perpetrators of other forms of violence such as child abuse, spouse abuse, and elder abuse. Because the American Psychiatric Association considers animal cruelty one of the diagnostic criteria of conduct disorder, creating a database to analyses the incidence of animal cruelty will provide a valuable resource for law enforcement officials who seek to establish a link between animal cruelty and related crimes.   PRIOR LEGISLATIVE HISTORY: A.239A of 2013-2014 A.1766 of 2011-2012   FISCAL IMPLICATIONS: Minimal   EFFECTIVE DATE: This act shall take effect twelve months after it shall have become a law provided that, effective immediately, the division of criminal justice services shall promulgate rules and regulations as it deems necessary to effectuate the purposes of this act, on or before such effective date.
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A00343 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           343
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 7, 2015
                                       ___________
 
        Introduced  by  M.  of  A. ROSENTHAL, LUPARDO, DINOWITZ, COLTON, JAFFEE,
          HEVESI, BENEDETTO, KAVANAGH,  MONTESANO,  TITONE,  ENGLEBRIGHT,  OTIS,
          SKOUFIS,  PERRY -- Multi-Sponsored by -- M. of A. COOK, CORWIN, GLICK,
          GOTTFRIED,  HOOPER,  LOPEZ,  MAGEE,  MALLIOTAKIS,  MARKEY,  McDONOUGH,
          McKEVITT,  MILLER,  RAIA,  SCHIMEL,  TEDISCO,  THIELE -- read once and
          referred to the Committee on Agriculture
 
        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-s to
    13  read as follows:
    14    § 837-s. 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,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03929-01-5

        A. 343                              2
 
     1  convictions  shall  also  include  pleas  to  a charge other than animal
     2  cruelty,  animal  fighting,  animal  neglect,  animal  abandonment,  and
     3  mistreatment  of animals as set forth in article twenty-six of the agri-
     4  culture  and markets law and the penal law in satisfaction of the animal
     5  cruelty, animal fighting, animal neglect, animal  abandonment  or  other
     6  animal mistreatment charge or where the animal cruelty, animal fighting,
     7  animal  neglect,  animal abandonment or other animal mistreatment charge
     8  has not resulted in a dismissal on the merits.
     9    2. Such crime database shall include, but not be limited to, names and
    10  ages of persons eighteen years of age or older who have  been  convicted
    11  of  animal  cruelty, animal fighting, animal neglect, animal abandonment
    12  and other laws pertaining to the mistreatment of animals as set forth in
    13  article twenty-six of the agriculture and markets law and the penal law,
    14  the specific acts of animal cruelty, animal  fighting,  animal  neglect,
    15  animal abandonment or the mistreatment of animals that were the basis of
    16  the  conviction,  the  date or dates the acts took place, and the county
    17  where such acts took place.
    18    3. The crime database shall be in print and  in  electronic  form  and
    19  shall  be available to all law enforcement entities, district attorneys,
    20  duly incorporated humane societies,  societies  for  the  prevention  of
    21  cruelty  to  animals,  dog  and  cat  protective associations and animal
    22  control officers.
    23    4. Nothing in this section shall be construed  to  limit  or  restrict
    24  municipalities from enacting or enforcing local laws, rules, regulations
    25  or  ordinances  establishing and maintaining an animal abuse registry or
    26  database or other means of tracking or identifying persons charged  with
    27  violating animal abuse laws.
    28    §  3.  This  act  shall  take effect twelve months after it shall have
    29  become a law; provided, however, that effective immediately,  the  divi-
    30  sion of criminal justice services shall promulgate rules and regulations
    31  as  it  deems  necessary  to  effectuate the purposes of this act, on or
    32  before such effective date.
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