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.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 offenders 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 demonstrated 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.Go to topA00343 Text: S T A T E O F N E W Y O R K ________________________________________________________________________ 343 2015-2016 Regular Sessions I N A S S E M B L Y (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 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. 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 S 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.