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STATE OF NEW YORK
________________________________________________________________________

4407--A

2011-2012 Regular Sessions

IN ASSEMBLY

February 3, 2011
___________

Introduced  by  M.  of  A. LENTOL, MILLMAN, ROSENTHAL, ZEBROWSKI, ORTIZ,
  JEFFRIES, SCHROEDER, PRETLOW, HEVESI, MARKEY,  MAISEL,  MOYA,  PAULIN,
  ENGLEBRIGHT,  KAVANAGH,  P. RIVERA, JAFFEE -- Multi-Sponsored by -- M.
  of A. BARCLAY, BING, BOYLE, BRENNAN, BURLING, CONTE, CUSICK,  CYMBROW-
  ITZ, DenDEKKER, DINOWITZ, GABRYSZAK, GLICK, GOTTFRIED, LANCMAN, LATIM-
  ER,  V. LOPEZ, LUPARDO, McENENY, McLAUGHLIN, MENG, MONTESANO, MORELLE,
  MURRAY, TEDISCO, TENNEY, THIELE, WEISENBERG -- 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 committee

AN ACT to amend the agriculture and markets law, in relation to increas-
  ing certain penalties for violating the prohibition of animal fighting

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.   Subdivision 5 of  section  351  of  the  agriculture  and
markets  law, as added by chapter 308 of the laws of 2008, is amended to
read as follows:
  5. (a) Any person who engages in the conduct  specified  in  paragraph
(b)  of  this subdivision is guilty of a [violation] CLASS B MISDEMEANOR
punishable by IMPRISONMENT FOR A PERIOD NOT TO EXCEED THREE  MONTHS,  OR
BY  a  fine not to exceed five hundred dollars, OR BY BOTH SUCH FINE AND
IMPRISONMENT.  Any person who engages in the conduct specified in  para-
graph  (b)  of  this  subdivision after having been convicted within the
previous five years of a violation of this  subdivision  or  subdivision
four  of  this  section  is guilty of a misdemeanor and is punishable by
imprisonment for a period not to exceed one year, or by a  fine  not  to
[exceeded]  EXCEED  one  thousand dollars, or by both [by] such fine and
imprisonment.
  (b) The knowing presence as a spectator at any place where an  exhibi-
tion of animal fighting is being conducted.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law and shall only apply to offenses committed on or after
such date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06341-02-1