Bill Text: NY A09552 | 2011-2012 | General Assembly | Amended


Bill Title: Prohibits persons from owning, possessing, selling, transferring or manufacturing animal fighting paraphernalia with intent to engage in animal fighting.

Spectrum: Moderate Partisan Bill (Democrat 23-7)

Status: (Passed) 2012-07-18 - signed chap.144 [A09552 Detail]

Download: New_York-2011-A09552-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        9552--A
                                 I N  A S S E M B L Y
                                    March 13, 2012
                                      ___________
       Introduced  by M. of A. McENENY, P. RIVERA, WEPRIN, SALADINO, MONTESANO,
         BRINDISI, ROSENTHAL, BROOK-KRASNY, ENGLEBRIGHT, PAULIN, COLTON,  GALEF
         --  Multi-Sponsored  by  --  M.  of  A. BRAUNSTEIN, BRENNAN, CASTELLI,
         GLICK, GOTTFRIED, HEVESI, KATZ, LUPARDO, MALLIOTAKIS, MARKEY, J. MILL-
         ER, MILLMAN, O'DONNELL, REILLY, SCHIMEL, SKARTADOS,  SWEENEY,  TEDISCO
         --  read once and referred to the Committee on Agriculture -- reported
         and referred to the Committee on Codes -- committee  discharged,  bill
         amended,  ordered reprinted as amended and recommitted to said commit-
         tee
       AN ACT to amend the agriculture and markets law, in relation to  prohib-
         iting  persons from owning, possessing, selling, transferring or manu-
         facturing animal fighting paraphernalia
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section 351 of the agriculture and markets law is amended
    2  by adding a new subdivision 6 to read as follows:
    3    6. (A) ANY PERSON WHO INTENTIONALLY OWNS, POSSESSES, SELLS,  TRANSFERS
    4  OR  MANUFACTURES ANIMAL FIGHTING PARAPHERNALIA WITH THE INTENT TO ENGAGE
    5  IN OR OTHERWISE PROMOTE OR FACILITATE  ANIMAL  FIGHTING  AS  DEFINED  IN
    6  SUBDIVISION  ONE  OF  THIS  SECTION  IS  GUILTY OF A CLASS B MISDEMEANOR
    7  PUNISHABLE BY IMPRISONMENT FOR A PERIOD OF UP TO NINETY DAYS,  OR  BY  A
    8  FINE NOT TO EXCEED FIVE HUNDRED DOLLARS, OR BY BOTH SUCH FINE AND IMPRI-
    9  SONMENT.  ANY PERSON WHO ENGAGES IN THE CONDUCT SPECIFIED IN THIS SUBDI-
   10  VISION AFTER HAVING BEEN CONVICTED WITHIN THE PREVIOUS FIVE YEARS  OF  A
   11  VIOLATION OF THIS SUBDIVISION IS GUILTY OF A MISDEMEANOR AND IS PUNISHA-
   12  BLE  BY  IMPRISONMENT  FOR A PERIOD NOT TO EXCEED ONE YEAR, OR BY A FINE
   13  NOT TO EXCEED ONE THOUSAND DOLLARS, OR BY BOTH SUCH FINE  AND  IMPRISON-
   14  MENT.
   15    (B)  FOR PURPOSES OF THIS SECTION, ANIMAL FIGHTING PARAPHERNALIA SHALL
   16  MEAN EQUIPMENT, PRODUCTS, OR  MATERIALS  OF  ANY  KIND  THAT  ARE  USED,
   17  INTENDED  FOR  USE,  OR  DESIGNED  FOR USE IN THE TRAINING, PREPARATION,
   18  CONDITIONING  OR  FURTHERANCE  OF  ANIMAL  FIGHTING.   ANIMAL   FIGHTING
   19  PARAPHERNALIA INCLUDES THE FOLLOWING:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15029-02-2
       A. 9552--A                          2
    1    (I)  A  BREAKING  STICK,  WHICH  MEANS A DEVICE DESIGNED FOR INSERTION
    2  BEHIND THE MOLARS OF A DOG FOR THE PURPOSE OF BREAKING THE DOG'S GRIP ON
    3  ANOTHER ANIMAL OR OBJECT;
    4    (II)  A  CAT  MILL, WHICH MEANS A DEVICE THAT ROTATES AROUND A CENTRAL
    5  SUPPORT WITH ONE ARM DESIGNED TO SECURE A DOG AND ONE  ARM  DESIGNED  TO
    6  SECURE A CAT, RABBIT, OR OTHER SMALL ANIMAL BEYOND THE GRASP OF THE DOG;
    7    (III)  A  TREADMILL,  WHICH  MEANS AN EXERCISE DEVICE CONSISTING OF AN
    8  ENDLESS BELT ON WHICH THE ANIMAL WALKS OR RUNS WITHOUT CHANGING PLACES;
    9    (IV) A SPRINGPOLE, WHICH MEANS A BITING SURFACE ATTACHED TO A STRETCH-
   10  ABLE DEVICE, SUSPENDED AT A HEIGHT SUFFICIENT  TO  PREVENT  A  DOG  FROM
   11  REACHING THE BITING SURFACE WHILE TOUCHING THE GROUND;
   12    (V)  A  FIGHTING  PIT, WHICH MEANS A WALLED AREA, OR OTHERWISE DEFINED
   13  AREA, DESIGNED TO CONTAIN AN ANIMAL FIGHT;
   14    (VI) ANY OTHER INSTRUMENT COMMONLY USED IN THE FURTHERANCE OF  PITTING
   15  AN ANIMAL AGAINST ANOTHER ANIMAL.
   16    S  2.  This  act shall take effect on the ninetieth day after it shall
   17  have become a law.
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