S5015-2011 Actions

• Jan 4, 2012: REFERRED TO AGRICULTURE
• May 2, 2011: REFERRED TO AGRICULTURE

S5015-2011 Memo

BILL NUMBER:S5015

TITLE OF BILL:
An act
to amend the agriculture and markets law, in relation to
increasing certain penalties for violating the prohibition
of animal fighting and for aggravated cruelty to animals

PURPOSE:
To increase penalties (maximum prison sentences and maximum fines) for
engaging in animal fighting and committing the crime of Aggravated
Cruelty to Animals (aka Buster's Law) and require psychiatric
evaluation/treatment for those committing the crime of Aggravated
Cruelty to Animals.

SUMMARY OF PROVISIONS:
Section 1: Amends subdivision 2 of section 351 of Agriculture and
Markets Law to increase the maximum prison sentence from four to six
years, and increase the maximum fine from $25,000 to $30,000, for any
person who engages in the following felony conduct: (1) for amusement
or gain causes an animal to engage in animal fighting; or (2) trains
any animal with an intent that such animal engage in animal fighting;
or (3) breeds, sells or offers for sale, any animal with the intent
that such animal engage in animal fighting; or (4) permits any of the
aforementioned acts to occur on a premises under his or her control;
or (4) owns, possesses or keeps an animal trained to engage in animal
fighting on the premises where animal fighting is being conducted
with the intent that such animal engage in animal fighting.

Section 2: Amends paragraph (a) of subdivision 3 of section 351 of
Agriculture and Markets Law to increase the penalty for any person
who owns, possesses or keeps an animal with the intent to engage such
animal in animal fighting, from a misdemeanor (punishable by up to
one year of jail and/or a fine not to exceed $15,000) to a felony
(punishable by up to four years in prison and/or a fine not to exceed
$20,000).

Section 3: Amends paragraph (a) of subdivision 4 of section 351 of
Agriculture and Markets Law to increase the penalty for a person who
is knowingly present as a spectator having paid an admission fee or
made a wager at any place where an
exhibition of animal fighting is being conducted, from a misdemeanor
(punishable by up to one year of jail and/or a fine not to exceed
$1,000) to a felony (punishable by up to two years in prison and/or a
fine not to exceed $10,000).

Section 4: Amends subdivision 3 of section 353-a of Agriculture and
Markets Law to increase the penalty for the crime of Aggravated
Cruelty to Animals, committed when a person, for no justifiable
purpose, intentionally kills or intentionally causes serious physical
injury to a companion animal with aggravated cruelty, from a felony
(punishable by a definite sentence not to exceed two years and/or a
fine not to exceed $5,000) to a felony (punishable by up to four
years imprisonment and/or a fine not to exceed $10,000). Section 4
also directs the court to require any person convicted of or
adjudicated a youthful offender for the crime of Aggravated Cruelty


to Animals to under psychiatric evaluation/treatment at his or her
own expense.

Section 5: Effective date.

JUSTIFICATION:
The recent media fury surrounding Atlanta Falcon Michael Vick's dog
fighting case including allegations that he brutally executed dogs
not considered vicious or aggressive enough has focused attention on
the gruesome world of animal fighting.

According to the U.S. Humane Society, dog fighting is illegal in all
50 states and the District of Columbia. Forty-eight states and the
District of Columbia have made dog fighting a felony offense; 47
states prohibit the possession of dogs for fighting and 46 states
prohibit being a spectator at a dog fight. In July 2007, the Humane
Society ranked New York State 44th among states in the severity of
its dog fighting laws. While the state considers dog fighting a
felony, being a spectator (having paid an admission or made a bet) at
these fights or owning or possessing a dog with the intent to use it
in a dogfight are only misdemeanors. This bill would create felony
penalties for these acts, significantly increasing both applicable
prison terms and fines, to provide more meaningful deterrents against
this blood sport.

The maximum prison term for the crime of Aggravated Cruelty to Animals
(aka Buster's Law), the intentional killing or intentionally causing
serious physical injury to a companion animal with animal cruelty is
only two years and/or a $5,000 fine. Animal cruelty is viewed by
experts as an indicator for future violence against humans. This bill
would increase the maximum prison sentence to four years and maximum
fine to $10,000, making the punishment more fitting of the crime.

Animal cruelty is viewed by experts as an indicator for future
violence against humans.
Since his 1997 arrest that led to "Buster's Law," Chester Williamson
has been imprisoned numerous times for crimes including Possession of
Stolen Property and Attempted Burglary. In Fall 2007 his criminal
path took a predictable turn with his arrest for attempted rape,
sexual abuse and unlawful imprisonment of a 12-year-old girl.

Requiring early intervention in the form of psychiatric evaluation and
treatment would be another tool in the attempt to modify behavior
patterns to halt this pattern for escalating abuse.

LEGISLATIVE HISTORY:
2010: A.8444, Referred to Agriculture
2009: A.8444, Referred to Agriculture
2008: A.9613, Held for Consideration in Agriculture

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S5015-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         5015
 2011-2012 Regular Sessions
 I N  SENATE
 May 2, 2011
 
 Introduced  by  Sen.  DeFRANCISCO -- 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 increas
 ing certain penalties for violating the prohibition of animal fighting
 and for aggravated cruelty to animals
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  The  opening paragraph of subdivision 2 of section 351 of
 the agriculture and markets law, as amended by chapter 190 of  the  laws
 of 2004, is amended to read as follows:

 Any  person who engages in any of the following conduct is guilty of a
 felony punishable by imprisonment for a period not to exceed [four]  SIX
 years, or by a fine not to exceed [twenty-five] THIRTY thousand dollars,
 or by both such fine and imprisonment:

 

S  2. Paragraph (a) of subdivision 3 of section 351 of the agriculture
 and markets law, as added by chapter 150 of the laws of 1984, is amended
 to read as follows:

 (a) Any person who engages in conduct specified in  paragraph  (b)  of
 this  subdivision  is guilty of a [misdemeanor] FELONY and is punishable
 by imprisonment for a period not to exceed [one year] FOUR YEARS, or  by
 a  fine not to exceed [fifteen] TWENTY thousand dollars, or by both such
 fine and imprisonment.
 

S 3. Paragraph (a) of subdivision 4 of section 351 of the  agriculture
 and markets law, as added by chapter 150 of the laws of 1984, is amended
 to read as follows:

 (a)  Any  person  who  engages  in  conduct specified in paragraph (b)
 [hereof] OF THIS SUBDIVISION is guilty of a [misdemeanor] FELONY and  is
 punishable  by  imprisonment  for  a period not to exceed [one year] TWO
 YEARS, or by a fine not to exceed [one] TEN thousand dollars, or by both
 such fine and imprisonment.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01346-01-1
 
       S. 5015                             2
 

S 4. Subdivision 3 of section 353-a of  the  agriculture  and  markets
 law,  as added by chapter 118 of the laws of 1999, is amended to read as
 follows:

 3. Aggravated cruelty to animals is a felony. A defendant convicted of
 this  offense  shall be sentenced [pursuant to paragraph (b) of subdivi-
 sion one of section 55.10 of the penal law provided, however,  that  any
 term  of  imprisonment  imposed for violation of this section shall be a
 definite sentence, which may not exceed two years] TO A PERIOD OF IMPRI
 SONMENT NOT TO EXCEED FOUR YEARS, BY A FINE NOT TO EXCEED  TEN  THOUSAND
 DOLLARS OR BY BOTH SUCH FINE AND IMPRISONMENT.  IN ADDITION TO ANY OTHER
 PENALTY  PROVIDED  BY LAW, THE COURT SHALL ORDER ANY DEFENDANT CONVICTED
 OF THIS OFFENSE, INCLUDING A DEFENDANT WHO HAS BEEN ADJUDICATED A YOUTH
 FUL OFFENDER, TO UNDERGO A PSYCHIATRIC EVALUATION BY A QUALIFIED  MENTAL
 HEALTH  PROFESSIONAL AND MAY REQUIRE THAT SUCH PERSON, AT HIS OR HER OWN
 EXPENSE, ENTER AND COMPLETE ANY TREATMENT OR PROGRAM DEEMED NECESSARY TO
 TREAT ANY MENTAL DISEASE, MENTAL DEFECT OR MENTAL CONDITION,  WHICH  MAY
 HAVE CAUSED OR CONTRIBUTED TO SUCH OFFENSE.
 

S 5. This act shall take effect immediately.

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