This Legislature hereby finds and determines that animal cruelty
is a serious problem, resulting in the abuse of thousands of animals
each year in the United States. This Legislature also finds and determines
that while New York State has criminalized the cruel treatment of
animals, animal abuse continues to occur in Suffolk County and throughout
the state. This Legislature finds that statistically, individuals
who abuse animals are more likely to commit violent acts against humans.
This Legislature also determines that a strong correlation has been
established linking individuals who abuse animals with incidents of
domestic violence. This Legislature also finds that legislation is
currently pending before the State Legislatures of California and
Tennessee to establish statewide registries of individuals convicted
of animal abuse offenses. This Legislature further finds that it is
in the best interests of Suffolk County residents to establish a similar
system. Therefore, the purpose of this article is to establish an
online registry for individuals residing in Suffolk County who are
convicted of animal abuse crimes.
As used in this article, the following terms shall have the
meanings indicated:
ANIMAL ABUSE CRIME
The commission of the following enumerated crimes against an animal: animal fighting, as defined in the New York State Agriculture and Markets Law (hereinafter "AML") § 351; overdriving, torturing and injuring animals; failure to provide proper sustenance, as defined in AML § 353; aggravated cruelty to animals, as defined in AML § 353-a; electrocution of fur-bearing animals, as defined in AML § 353-c; abandonment of animals, as defined in AML § 355; failure to provide proper food and drink to an impounded animal, as defined in AML § 356; carrying animals in a cruel manner, as defined in AML 359; poisoning or attempting to poison animals, as defined in AML § 360; interference with or injury to certain domestic animals, as defined in AML § 361; throwing substance injurious to animals in a public place, as defined in AML § 362; running horses on a highway, as defined in AML § 364; clipping or cutting the ears of dogs, as defined in AML § 365; companion animal stealing, as defined in AML § 366; removing, seizing or transporting dogs for research purposes, as defined in AML § 366-a; operating upon tails of horses, as defined in AML § 368; sexual misconduct with an animal, as defined in New York State Penal Code § 130.20; harming a service animal in the first degree, as defined in the New York State Penal Code § 242.15; a third or subsequent offense under Chapter
299, Article
VII of the Suffolk County Code.
[Amended 3-20-2018 by L.L. No. 12-2018]
CONVICTED OF
An adjudication of guilt by any court of competent jurisdiction,
whether upon a verdict or plea of guilty or nolo contendere.
[Amended 12-3-2013 by L.L. No. 4-2014; 3-20-2018 by L.L. No. 12-2018]
A registry is hereby created which shall contain the names and
residence information of individuals living in Suffolk County who
are convicted of an animal abuse crime. The registry shall be established
and maintained by the Suffolk County Police Department.
[Amended 12-6-2011 by L.L. No. 3-2012; 12-3-2013 by L.L. No.
4-2014]
A. All persons
18 years of age or older who reside in Suffolk County and are convicted
of an animal abuse crime on or after the effective date of this article
must register with the Suffolk County Animal Abuse Registry at a Suffolk
County Police Department precinct within five days following the effective
date of this article or their release from incarceration or, if not
incarcerated, from the date of conviction.
B. All persons 18 years of age or older who reside in Suffolk County and are convicted of an animal abuse crime shall be notified at sentencing by the Office of the Suffolk County District Attorney of the requirement to register pursuant to Subsection
A.
C. Each person required to register with the Animal Abuse Registry shall
submit:
(2) Any aliases he or she is known under;
(3) His or her residential address; and
(4) A photograph of his or her head and shoulders from the front.
D. Each person registered with the Animal Abuse Registry shall update
his or her registration information each time he or she moves from
one residential address to another or, if his or her residential address
does not change, annually from the date of his or her first registration.
Registrants who move shall update their registration information in
person at any Suffolk County Police Department precinct within 15
days of their change of address.
[Amended 3-20-2018 by L.L. No. 12-2018]
E. Each person required to register with Suffolk County shall remain
on the Animal Abuse Registry for 10 years following his or her release
from incarceration or the date judgment was rendered, whichever is
later. Registered persons who are convicted of subsequent animal abuse
crimes shall remain on the registry for 20 years following their most
recent conviction.
[Amended 3-20-2018 by L.L. No. 12-2018]
F. Persons registered with the Animal Abuse Registry shall be prohibited
from possessing an animal while they remain on the registry.
[Added 3-20-2018 by L.L.
No. 12-2018]
Every person required to register with the Animal Abuse Registry
must pay an annual fee of $50 to the Suffolk County Police Department.
These funds will be used to pay the administrative costs of maintaining
the registry.
[Amended 3-20-2018 by L.L. No. 12-2018]
A. The Commissioner of the Suffolk County Police Department is hereby
authorized and empowered to promulgate such rules and regulations
as are necessary to implement this article.
B. The Suffolk County District Attorney shall report the names of all
individuals who are convicted or plead guilty to an animal abuse crime,
along with the date of the conviction or plea, to the Suffolk County
Police Department within 30 days of receiving the conviction or adjudicating
the plea.
C. The Suffolk County Police Department shall ensure that all information
on persons who are registered or should be registered on the Animal
Abuse Registry is posted on the registry website within 30 days of
receipt of information.
[Amended 3-20-2018 by L.L. No. 12-2018]
A. Any person required to register with the Animal Abuse Registry who
fails to do so shall be charged with a Class A misdemeanor and shall
be subject to a penalty authorized for that class of crime.
B. Any person who is required to register with the Animal Abuse Registry
and who fails to do so shall have his or her name listed on the registry
website by the Suffolk County Police Department with a notation that
the individual has failed to register until such time as the registration
is completed.
This article shall apply to all persons convicted of animal
abuse crimes on or after the effective date of this article.
This article shall take effect on the 180th day immediately
subsequent to filing in the Office of the Secretary of State.