Bill Text: NY S08199 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to promoting animal fighting and appropriately punishing individuals associated with such activities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-09-28 - REFERRED TO RULES [S08199 Detail]
Download: New_York-2015-S08199-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8199 IN SENATE September 28, 2016 ___________ Introduced by Sen. KAMINSKY -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the agriculture and markets law and the penal law, in relation to detecting, disrupting and dismantling violent enterprise animal cruelty and appropriately punishing individuals associated with such enterprise cruelty; and to repeal certain provisions of the agri- culture 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 (i) a breaking stick, 11 which means a device designed for insertion behind the molars of a dog 12 for the purpose of breaking the dog's grip on another animal or object, 13 (ii) a cat mill, which means a device that rotates around a central 14 support with one arm designed to secure a dog and one arm designed to 15 secure a cat, rabbit, or other small animal beyond the grasp of the dog, 16 (iii) a treadmill, which means an exercise device consisting of an 17 endless belt on which the animal walks or runs without changing places, 18 (iv) a springpole, which means a biting surface attached to a stretcha- 19 ble device, suspended at a height sufficient to prevent a dog from 20 reaching the biting surface while touching the ground, (v) a fighting 21 pit, which means a walled area, or otherwise defined area, designed to 22 contain an animal fight, and (vi) any other instrument commonly used in 23 the furtherance of pitting an animal against another animal. 24 § 2. Section 351 of the agriculture and markets law is REPEALED and a 25 new section 351 is added to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16102-01-6S. 8199 2 1 § 351. Promoting animal fighting in the third degree. A person is 2 guilty of promoting animal fighting in the third degree when such 3 person: 4 1. Owns, possesses, sells, transfers or manufactures animal fighting 5 paraphernalia under circumstances evincing an intent that such parapher- 6 nalia be used to engage in or otherwise promote or facilitate animal 7 fighting; or 8 2. Is present at any place where an exhibition of animal fighting is 9 being conducted and such person has knowledge that such an exhibition is 10 being conducted. 11 Promoting animal fighting in the third degree is a class B misdemeanor 12 and, for purposes of paragraph (b) of subdivision one of section 160.10 13 of the criminal procedure law, shall be treated as a misdemeanor defined 14 in the penal law. 15 § 3. The agriculture and markets law is amended by adding four new 16 sections 351-a, 351-b, 351-c and 351-d to read as follows: 17 § 351-a. Promoting animal fighting in the second degree. A person is 18 guilty of promoting animal fighting in the second degree when such 19 person: 20 1. Owns, possesses, or keeps any animal under circumstances evincing 21 an intent that such animal engage in, or in any way facilitate, animal 22 fighting; or 23 2. Commits the crime of promoting animal fighting in the third degree 24 in violation of subdivision one of section three hundred fifty-one of 25 this article and has been convicted within the previous five years of a 26 violation of this section, section three hundred fifty-one, three 27 hundred fifty-one-b, three hundred fifty-three, three hundred fifty- 28 three-a, three hundred fifty-six, three hundred fifty-nine, three 29 hundred sixty-one, or three hundred sixty-six of this article; or 30 3. Commits the crime of promoting animal fighting in the third degree 31 in violation of subdivision two of section three hundred fifty-one of 32 this article, and: 33 (a) has been convicted within the previous five years of a violation 34 of this section, section three hundred fifty-one, three hundred fifty- 35 one-b, three hundred fifty-three, three hundred fifty-three-a, three 36 hundred fifty-six, three hundred fifty-nine, three hundred sixty-one, or 37 three hundred sixty-six of this article, or 38 (b) has paid an admission fee, made a wager, or otherwise actively 39 contributed, in any manner, to the exhibition of animal fighting being 40 conducted. 41 Promoting animal fighting in the second degree is a class A misdemea- 42 nor and, for purposes of paragraph (b) of subdivision one of section 43 160.10 of the criminal procedure law, shall be treated as a misdemeanor 44 defined in the penal law. 45 § 351-b. Promoting animal fighting in the first degree. A person is 46 guilty of promoting animal fighting in the first degree when such 47 person: 48 1. Causes an animal to engage in animal fighting; 49 2. Trains an animal under circumstances evincing an intent that such 50 animal engage in animal fighting; 51 3. Breeds, transfers, sells, or offers for sale an animal under 52 circumstances evincing an intent that such animal engage in animal 53 fighting; 54 4. Permits any act described in subdivision one, two or three of this 55 section to occur on premises under his or her control; orS. 8199 3 1 5. Owns, possesses, harbors, or keeps any animal on premises where an 2 exhibition of animal fighting is being conducted under circumstances 3 evincing an intent that such animal engage in animal fighting. 4 Promoting animal fighting in the first degree is a class D felony. 5 § 351-c. Promoting enterprise animal fighting. A person is guilty of 6 promoting enterprise animal fighting when such person: 7 1. Commits the crime of promoting animal fighting in the first degree 8 in violation of subdivision one of section three hundred fifty-one-b of 9 this article as part of, during, or in connection with a continuous 10 exhibition of animal fighting that includes more than two animals in 11 successive acts of animal fighting; 12 2. Commits the crime of promoting animal fighting in the first degree 13 in violation of subdivision two or three of section three hundred 14 fifty-one-b of this article and is in possession of more than six 15 animals under circumstances evincing an intent that such animals engage 16 in, or otherwise facilitate, animal fighting; 17 3. Permits an act described in subdivision one of section three 18 hundred fifty-one-b of this article to occur on premises under his or 19 her control, where such act is a continuous exhibition of animal fight- 20 ing that includes more than two animals in successive acts of animal 21 fighting; or 22 4. Commits the crime of promoting animal fighting in the first degree 23 in violation of section three hundred fifty-one-b of this article and 24 has been convicted, within the previous five years, of a violation of 25 section three hundred fifty-one, three hundred fifty-one-a, three 26 hundred fifty-one-b, three hundred fifty-three, three hundred fifty- 27 three-a, three hundred fifty-six, three hundred fifty-nine, three 28 hundred sixty-one, or three hundred sixty-six of this article. 29 Promoting enterprise animal fighting in the first degree is a class C 30 felony. 31 § 351-d. Authorized dispositions; promoting animal fighting. When a 32 person is convicted of an offense defined in subdivision one of section 33 three hundred fifty-one-a of this article, in addition to the penalties 34 provided in section three hundred seventy-four of this article and those 35 provided in the other laws of this state, the court may impose a fine 36 which shall not exceed fifteen thousand dollars. When a person is 37 convicted of an offense defined in section three hundred fifty-one-b of 38 this article, in addition to the penalties provided in section three 39 hundred seventy-four of this article and those provided in the other 40 laws of this state, the court may impose a fine which shall not exceed 41 twenty-five thousand dollars. When a person is convicted of an offense 42 defined in section three hundred fifty-one-c of this article, in addi- 43 tion to the penalties provided in section three hundred seventy-four of 44 this article and those provided in the other laws of this state, the 45 court may impose a fine which shall not exceed thirty-five thousand 46 dollars. 47 § 4. Paragraph a of subdivision 8 of section 374 of the agriculture 48 and markets law, as amended by chapter 594 of the laws of 2003 and 49 subdivision 8 as renumbered by chapter 479 of the laws of 2009, is 50 amended to read as follows: 51 a. In addition to any other penalty provided by law, upon conviction 52 for any violation of section three hundred fifty-one, three hundred 53 fifty-one-a, three hundred fifty-one-b, three hundred fifty-one-c, three 54 hundred fifty-three, three hundred fifty-three-a, three hundred fifty- 55 three-b, three hundred fifty-five, three hundred fifty-six, three 56 hundred fifty-nine, three hundred sixty, three hundred sixty-one, threeS. 8199 4 1 hundred sixty-five or three hundred sixty-eight of this article, the 2 convicted person may, after a duly held hearing pursuant to paragraph f 3 of this subdivision, be ordered by the court to forfeit, to a duly 4 incorporated society for the prevention of cruelty to animals or a duly 5 incorporated humane society or authorized agents thereof, the animal or 6 animals which are the basis of the conviction. Upon such an order of 7 forfeiture, the convicted person shall be deemed to have relinquished 8 all rights to the animals which are the basis of the conviction, except 9 those granted in paragraph d of this subdivision. 10 § 5. Paragraph (a) of subdivision 1 of section 70.06 of the penal law, 11 as amended by chapter 410 of the laws of 1979, is amended to read as 12 follows: 13 (a) A second felony offender is a person, other than a second violent 14 felony offender as defined in section 70.04, who stands convicted of a 15 felony [defined in this chapter], other than a class A-I felony, after 16 having previously been subjected to one or more predicate felony 17 convictions as defined in paragraph (b) of this subdivision. 18 § 6. Severability clause. If any clause, sentence, paragraph, subdivi- 19 sion, section or part of this act shall be adjudged by any court of 20 competent jurisdiction to be invalid, such judgment shall not affect, 21 impair, or invalidate the remainder thereof, but shall be confined in 22 its operation to the clause, sentence, paragraph, subdivision, section 23 or part thereof directly involved in the controversy in which such judg- 24 ment shall have been rendered. It is hereby declared to be the intent of 25 the legislature that this act would have been enacted even if such 26 invalid provisions had not been included herein. 27 § 7. This act shall take effect on the ninetieth day after it shall 28 have become a law.
