S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1600
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 12, 2015
                                      ___________
       Introduced by M. of A. TEDISCO, MALLIOTAKIS, KATZ, CORWIN, BUTLER, McDO-
         NOUGH,  GIGLIO, TENNEY, BROOK-KRASNY, McLAUGHLIN -- Multi-Sponsored by
         -- M. of A. ARROYO, BARCLAY, CERETTO, COLTON,  CROUCH,  FINCH,  JOHNS,
         KOLB,  McKEVITT,  MILLER,  MONTESANO,  OAKS,  RAIA,  RIVERA, SALADINO,
         THIELE, TITONE -- read once and referred to the Committee on  Agricul-
         ture
       AN ACT to amend the agriculture and markets law, in relation to limiting
         the  ownership or possession of companion animals by persons convicted
         of violating "Buster's Law"
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 353-a of the agriculture and markets law is amended
    2  by adding a new subdivision 4 to read as follows:
    3    4.  ON AND AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, NO PERSON WHO
    4  IS CONVICTED OF A VIOLATION OF THIS  SECTION  SHALL  OWN  OR  POSSESS  A
    5  COMPANION  ANIMAL UNLESS AND UNTIL AUTHORIZED BY A COURT ORDER ISSUED BY
    6  A COUNTY COURT JUDGE OF HIS OR HER COUNTY OF RESIDENCE.  NO  SUCH  ORDER
    7  SHALL  BE  ISSUED  UNTIL SUCH CONVICTED PERSON FIRST DEMONSTRATES TO THE
    8  COURT THAT HE OR SHE HAS UNDERGONE PSYCHIATRIC OR PSYCHOLOGICAL TESTING,
    9  THE RESULTS OF WHICH INDICATE BY CLEAR AND CONVINCING EVIDENCE OF HIS OR
   10  HER CAPABLE AND SOUND MENTAL CAPACITY AND ABILITY TO  OWN  AND  PROPERLY
   11  CARE FOR SUCH AN ANIMAL IN A HUMANE MANNER.
   12    S  2.  This  act shall take effect on the thirtieth day after it shall
   13  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00007-01-5