Bill Text: NY S00090 | 2021-2022 | General Assembly | Amended
Bill Title: Relates to promoting animal fighting and appropriately punishing individuals associated with such activities.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed - Dead) 2022-03-21 - PRINT NUMBER 90A [S00090 Detail]
Download: New_York-2021-S00090-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 90--A 2021-2022 Regular Sessions IN SENATE (Prefiled) January 6, 2021 ___________ Introduced by Sens. KAMINSKY, HELMING, HINCHEY -- read twice and ordered printed, and when printed to be committed to the Committee on Agricul- ture -- recommitted to the Committee on Agriculture in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the agriculture and markets law, in relation to detect- ing, disrupting and dismantling violent enterprise animal cruelty and appropriately punishing individuals associated with such enterprise cruelty; and to repeal certain provisions of the agriculture and markets law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 350 of the agriculture and markets law is amended 2 by adding two new subdivisions 6 and 7 to read as follows: 3 6. "Animal fighting" means any fight between animals, or between any 4 animal and a person or persons, for amusement or gain. The term shall 5 not be construed to include exhibitions of a kind commonly featured at 6 rodeos. 7 7. "Animal fighting paraphernalia" means equipment, products, or mate- 8 rials of any kind that are used, intended for use, or designed for use 9 in the training, preparation, conditioning or furtherance of animal 10 fighting. Animal fighting paraphernalia includes: 11 (i) a breaking stick, which means a device designed for insertion 12 behind the molars of a dog for the purpose of breaking the dog's grip on 13 another animal or object; 14 (ii) a cat mill, which means a device that rotates around a central 15 support with one arm designed to secure a dog and one arm designed to 16 secure a cat, rabbit, or other small animal beyond the grasp of the dog; 17 (iii) a treadmill, which means an exercise device consisting of an 18 endless belt on which the animal walks or runs without changing places; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01195-05-2S. 90--A 2 1 (iv) a springpole, which means a biting surface attached to a stretch- 2 able device, suspended at a height sufficient to prevent a dog from 3 reaching the biting surface while touching the ground; 4 (v) a fighting pit, which means a walled area, or otherwise defined 5 area, designed to contain an animal fight; and 6 (vi) any other instrument commonly used in the furtherance of pitting 7 an animal against another animal. 8 § 2. Section 351 of the agriculture and markets law is REPEALED and a 9 new section 351 is added to read as follows: 10 § 351. Promoting animal fighting in the third degree. A person is 11 guilty of promoting animal fighting in the third degree when such 12 person: 13 1. Owns, possesses, sells, transfers or manufactures animal fighting 14 paraphernalia with the intent that such paraphernalia be used to engage 15 in or otherwise promote or facilitate animal fighting; or 16 2. Is knowingly present as a spectator at a place where an exhibition 17 of animal fighting is being conducted. 18 Promoting animal fighting in the third degree is a class B misdemeanor 19 and, for purposes of paragraph (b) of subdivision one of section 160.10 20 of the criminal procedure law, shall be treated as a misdemeanor defined 21 in the penal law. 22 § 3. The agriculture and markets law is amended by adding four new 23 sections 351-a, 351-b, 351-c and 351-d to read as follows: 24 § 351-a. Promoting animal fighting in the second degree. A person is 25 guilty of promoting animal fighting in the second degree when such 26 person: 27 1. Owns, possesses, or keeps any animal with the intent that such 28 animal engage in, or in any way facilitate, animal fighting; or 29 2. Commits the crime of promoting animal fighting in the third degree 30 in violation of subdivision one of section three hundred fifty-one of 31 this article and has been convicted within the previous five years of a 32 violation of this section, section three hundred fifty-one, three 33 hundred fifty-one-b, three hundred fifty-three, three hundred fifty- 34 three-a, three hundred fifty-six, three hundred fifty-nine, three 35 hundred sixty-one, or three hundred sixty-six of this article; or 36 3. Commits the crime of promoting animal fighting in the third degree 37 in violation of subdivision two of section three hundred fifty-one of 38 this article, and: 39 (a) has been convicted within the previous five years of a violation 40 of this section, section three hundred fifty-one, three hundred fifty- 41 one-b, three hundred fifty-three, three hundred fifty-three-a, three 42 hundred fifty-six, three hundred fifty-nine, three hundred sixty-one, or 43 three hundred sixty-six of this article, or 44 (b) has paid an admission fee as a spectator who is knowingly present, 45 made a wager, or otherwise actively contributed, in any manner, to the 46 exhibition of animal fighting being conducted. 47 Promoting animal fighting in the second degree is a class A misdemea- 48 nor and, for purposes of paragraph (b) of subdivision one of section 49 160.10 of the criminal procedure law, shall be treated as a misdemeanor 50 defined in the penal law. 51 § 351-b. Promoting animal fighting in the first degree. A person is 52 guilty of promoting animal fighting in the first degree when such 53 person: 54 1. Causes an animal to engage in animal fighting; 55 2. Trains an animal with the intent that such animal engage in animal 56 fighting;S. 90--A 3 1 3. Breeds, transfers, sells, or offers for sale an animal with the 2 intent that such animal engage in animal fighting; 3 4. Permits any act described in subdivision one, two or three of this 4 section to occur on premises under his or her control; or 5 5. Owns, possesses, harbors, or keeps any animal on premises where an 6 exhibition of animal fighting is being conducted with the intent that 7 such animal engage in animal fighting. 8 Promoting animal fighting in the first degree is a class E felony. 9 § 351-c. Promoting enterprise animal fighting. A person is guilty of 10 promoting enterprise animal fighting when such person: 11 1. Commits the crime of promoting animal fighting in the first degree 12 in violation of subdivision one of section three hundred fifty-one-b of 13 this article as part of, during, or in connection with a continuous 14 exhibition of animal fighting that includes more than two animals in 15 successive acts of animal fighting; 16 2. Commits the crime of promoting animal fighting in the first degree 17 in violation of subdivision two or three of section three hundred 18 fifty-one-b of this article and is in possession of more than six 19 animals with the intent that such animals engage in, or otherwise facil- 20 itate, animal fighting; 21 3. Commits the crime of promoting animal fighting in the first degree 22 in violation of subdivision four of section three hundred fifty-one-b of 23 this article where such act is a continuous exhibition of animal fight- 24 ing that includes more than two animals in successive acts of animal 25 fighting; or 26 4. Commits the crime of promoting animal fighting in the first degree 27 in violation of section three hundred fifty-one-b of this article and 28 has been convicted, within the previous five years, of a violation of 29 section three hundred fifty-one-a, three hundred fifty-one-b, three 30 hundred fifty-three, three hundred fifty-three-a, or three hundred 31 sixty-one of this article. 32 Promoting enterprise animal fighting in the first degree is a class D 33 felony. 34 § 351-d. Authorized dispositions; promoting animal fighting. When a 35 person is convicted of an offense defined in subdivision one of section 36 three hundred fifty-one-a of this article, in addition to the penalties 37 provided in section three hundred seventy-four of this article and those 38 provided in the other laws of this state, the court may impose a fine 39 which shall not exceed ten thousand dollars. When a person is convicted 40 of an offense defined in section three hundred fifty-one-b of this arti- 41 cle, in addition to the penalties provided in section three hundred 42 seventy-four of this article and those provided in the other laws of 43 this state, the court may impose a fine which shall not exceed twenty 44 thousand dollars. When a person is convicted of an offense defined in 45 section three hundred fifty-one-c of this article, in addition to the 46 penalties provided in section three hundred seventy-four of this article 47 and those provided in the other laws of this state, the court may impose 48 a fine which shall not exceed thirty thousand dollars. 49 § 4. Paragraph a of subdivision 8 of section 374 of the agriculture 50 and markets law, as amended by chapter 594 of the laws of 2003 and 51 subdivision 8 as renumbered by chapter 479 of the laws of 2009, is 52 amended to read as follows: 53 a. In addition to any other penalty provided by law, upon conviction 54 for any violation of section three hundred fifty-one, three hundred 55 fifty-one-a, three hundred fifty-one-b, three hundred fifty-one-c, three 56 hundred fifty-three, three hundred fifty-three-a, three hundred fifty-S. 90--A 4 1 three-b, three hundred fifty-five, three hundred fifty-six, three 2 hundred fifty-nine, three hundred sixty, three hundred sixty-one, three 3 hundred sixty-five or three hundred sixty-eight of this article, the 4 convicted person may, after a duly held hearing pursuant to paragraph f 5 of this subdivision, be ordered by the court to forfeit, to a duly 6 incorporated society for the prevention of cruelty to animals or a duly 7 incorporated humane society or authorized agents thereof, the animal or 8 animals which are the basis of the conviction. Upon such an order of 9 forfeiture, the convicted person shall be deemed to have relinquished 10 all rights to the animals which are the basis of the conviction, except 11 those granted in paragraph d of this subdivision. 12 § 5. Severability clause. If any clause, sentence, paragraph, subdivi- 13 sion, section or part of this act shall be adjudged by any court of 14 competent jurisdiction to be invalid, such judgment shall not affect, 15 impair, or invalidate the remainder thereof, but shall be confined in 16 its operation to the clause, sentence, paragraph, subdivision, section 17 or part thereof directly involved in the controversy in which such judg- 18 ment shall have been rendered. It is hereby declared to be the intent of 19 the legislature that this act would have been enacted even if such 20 invalid provisions had not been included herein. 21 § 6. This act shall take effect on the ninetieth day after it shall 22 have become a law.
