S3926 - NY Senate Open Legislation - Increases certain penalties for violating the prohibition of animal fighting

Sponsor: STAVISKY
Co-sponsor(s): DILAN, DUANE, GRIFFO, HASSELL-THOMPSON, KLEIN, KRUEGER, MONSERRATE, NOZZOLIO, ONORATO, OPPENHEIMER, PERKINS, SAVINO, THOMPSON, VALESKY, DILAN, DUANE, GRIFFO, HASSELL-THOMPSON, KLEIN, KRUEGER, MAZIARZ, MONSERRATE, NOZZOLIO, ONORATO, OPPENHEIMER, PERKINS, SAVINO, THOMPSON, VALESKY
Committee: CODES
Law Section: Agriculture and Markets Law

S3926 Summary

Increases certain penalties for violating the prohibition of animal fighting.

S3926 Actions

S3926A - PASSED SENATE - Jun 22, 2010
S3926A - DELIVERED TO ASSEMBLY - Jun 22, 2010
S3926A - REFERRED TO CODES - Jun 22, 2010
S3926 - ADVANCED TO THIRD READING - Jun 14, 2010
S3926A - AMENDED 3926A - Jun 14, 2010
S3926 - 2ND REPORT CAL. - Jun 10, 2010
S3926 - 1ST REPORT CAL.941 - Jun 9, 2010
S3926 - REPORTED AND COMMITTED TO CODES - May 25, 2010
S3926 - REFERRED TO AGRICULTURE - Jan 6, 2010
S3926 - REPORTED AND COMMITTED TO CODES - Jun 2, 2009
S3926 - REFERRED TO AGRICULTURE - Apr 6, 2009

S3926 Committee Meetings

Agriculture: May 25, 2010: Chair: Darrel J. Aubertine / Location: Room 904 LOB

Codes: Jun 10, 2010: Chair: Eric T. Schneiderman / Location: Room 124 CAP

S3926 Calendars

Jun 10, 2010: FLOOR - BILLS ON ORDER OF FIRST REPORT

S3926 Votes

Vote: Committee - Agriculture - May 25, 2010

Ayes (7): STACHOWSKI, BRESLIN, VALESKY, YOUNG, SEWARD, WINNER, RANZENHOFER
Ayes W/R (2): AUBERTINE, MONTGOMERY

S3926 Memo

BILL NUMBER: S3926 REVISED 03/29/10

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

PURPOSE : To increase the penalties for those convicted of violating the prohibition of animal fighting.

SUMMARY OF PROVISIONS : This bill amends Subdivision 2 of

Section 351 of the Agriculture and Markets Law to make it a felony punishable by imprisonment for a period not to exceed six years, or by a fine not to exceed thirty thousand dollars for any person who engages in any of the following

conduct: for amusement or gain, causes any animal to engage in animal fighting; or trains any animal under circumstances evincing an intent that such animal engage in animal fighting for amusement or gain; or breeds, sells or offers for sale any animal under circumstances evincing an intent that such animal engage in animal fighting; or permits any act described above to occur on premises under his control; or owns, possesses or keeps any animal trained to engage in animal fighting on premises under circumstances evincing an intent that such animal engage in animal fighting. This bill amends Subdivision 3 of

Section 351 to make it a felony punishable by imprisonment for a period not to exceed four years, or by a fine not to exceed twenty thousand dollars for any person to own, possess or keep any animal under circumstances evincing an intent that such animal engage in animal fighting. This bill amends Subdivision 4 of

Section 351 to make it a felony punishable by imprisonment not to exceed two years, or by a fine not to exceed ten thousand dollars for any person to be knowingly present as a spectator at any place where an exhibition of animal fighting is being conducted.

JUSTIFICATION : As recent news media reports have shown, there appears to be an organized infrastructure for what is a criminal industry. Currently, dog fighting is in the news, however, other animals have been and are being used in illegal animal fighting.

LEGISLATIVE HISTORY : A.9421 of 2007-2008

EFFECTIVE DATE : This bill shall take effect immediately.

S3926 Text

S T A T E O F N E W Y O R K
3926
2009-2010 Regular Sessions I N SENATE April 6, 2009
Introduced by Sens. STAVISKY, DILAN, DUANE, MONSERRATE, ONORATO, THOMP SON -- read twice and ordered printed, and when printed to be commit ted 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

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

Section 1.

Section 351 of the agriculture and markets law, as added by chapter 150 of the laws of 1984, subdivision 2 as amended by chapter 190 of the laws of 2004, subdivision 5 as added by chapter 308 of the laws of 2008, is amended to read as follows:

S 351. Prohibition of animal fighting. 1. For purposes of this section, the term "animal fighting" shall mean any fight between cocks or other birds, or between dogs, bulls, bears or any other animals, or between any such animal and a person or persons, except in exhibitions of a kind commonly featured at rodeos. 2. 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 years, or by a fine not to exceed twenty-five thousand dollars, or by both such fine and imprisonment:
(a) For amusement or gain, causes any animal to engage in animal fighting; or (b) Trains any animal under circumstances evincing an intent that such animal engage in animal fighting for amusement or gain; or (c) Breeds, sells or offers for sale any animal under circumstances evincing an intent that such animal engage in animal fighting; or (d) Permits any act described in paragraph (a), (b) or (c) of this subdivision to occur on premises under his control; or (e) Owns, possesses or keeps any animal trained to engage in animal fighting on premises where an exhibition of animal fighting is being EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09266-03-9
S. 3926 2 conducted under circumstances evincing an intent that such animal engage in animal fighting[.]; OR [3. (a) Any person who engages in conduct specified in paragraph (b) of this subdivision is guilty of a misdemeanor and is punishable by imprisonment for a period not to exceed one year, or by a fine not to exceed fifteen thousand dollars, or by both such fine and imprisonment. (b)] (F) The owning, possessing or keeping of any animal under circum stances evincing an intent that such animal engage in animal fighting[.]; OR [4. (a) Any person who engages in conduct specified in paragraph (b) hereof is guilty of a misdemeanor and is punishable by imprisonment for a period not to exceed one year, or by a fine not to exceed one thousand dollars, or by both such fine and imprisonment. (b)] (G) The knowing presence as a spectator [having paid an admission fee or having made a wager] at any place where an exhibition of animal fighting is being conducted. [5. (a) Any person who engages in the conduct specified in paragraph (b) of this subdivision is guilty of a violation punishable by a fine not to exceed five hundred dollars. Any person who engages in the conduct specified in paragraph (b) of this subdivision after having been convicted within the previous five years of a violation of this subdivi sion 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 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 immediately.

S3926: Increases certain penalties for violating the prohibition of animal fighting