Recently the New York State Senate passed a bill to amend the agriculture and markets law, in relation to establishing a registry for persons convicted of violating "Buster's Law" and those convicted of Animal Fighting. The Putnam County SPCA supports such a registry as animal cruelty has proven to be linked with violent crimes against humans, child and elder abuse, gang activity, and a common trait among serial killers. We feel, however, the bill as proposed, falls short of its intended goal of removing animals from the hands of abusers.
The following are a list of items where the Putnam County SPCA feels that the bill falls short of its goal:
1. The bill does not require animal adoption agencies, pet stores, or others adopting animals to check the Registry before releasing an animal to an individual. It simply makes the information “available”. This allows an unscrupulous pet store, breeder, and adoption agency to by-pass the system all together with no penalty for not checking the Registry.
2. No penalty is listed for a person convicted of felony animal cruelty or dog fighting failing to submit their information to the Registry.
3. No agencies are listed to enforce.
4. No penalties are listed for failing to update current address or other pertinent information.
5. No penalties are listed if a person attempts to by-pass the Registry and buys/adopts an animal out of state.
6. The bill sets no criteria on how often DCJS must update the Registry information.
7. The bill does not give indemnification to individuals or agencies, who in good faith, use the DCJS Registry and are sued because of faulty, incomplete or incorrect information.
8. The bill only applies to those convicted of Felony Aggravated Cruelty (Buster’s Law) and Animal Fighting. This registry would not apply to those convicted of misdemeanor animal cruelty (neglect and abuse of a less depraved scale or abuse to a non-companion animal), sexual misconduct with an animal, poisoning of animals, abandonment of animals or any other animal cruelty laws located in Article 26 of the Agriculture and Markets Law. A well-known fact is that serial killers start at a young age mutilating and experimenting on animals. Many animals that are subjected to torture and dismemberment may not be companion animals for the most part (squirrels, rabbits, etc.) so heinous acts towards these animals would not require registry by a convicted offender, as they are not covered under “Busters Law”.
The Putnam County SPCA applauds the effort of the sponsors of the bill as well as those in the Senate who voted for it, but by not requiring a Registry check on all adoptions, it renders the bill well-meaning and well-intentioned, but with no teeth. As an agency that actively enforces the animal cruelty laws, we see the need for guidelines to be put forth so a law as important as a Registry does not go as unenforceable.
