S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3030
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 2, 2015
                                      ___________
       Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
         printed to be committed to the Committee on Agriculture
       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