This bill has been amended

Bill S3237-2011

Increases certain penalties for violating the prohibition of animal fighting

Increases certain penalties for violating the prohibition of animal fighting.

Details

Actions

  • Jun 16, 2011: VOTE RECONSIDERED - RESTORED TO THIRD READING
  • Jun 16, 2011: returned to senate
  • Jun 16, 2011: RECALLED FROM ASSEMBLY
  • Jun 1, 2011: referred to codes
  • Jun 1, 2011: DELIVERED TO ASSEMBLY
  • Jun 1, 2011: PASSED SENATE
  • May 2, 2011: ADVANCED TO THIRD READING
  • Apr 13, 2011: 2ND REPORT CAL.
  • Apr 12, 2011: 1ST REPORT CAL.347
  • Feb 14, 2011: REFERRED TO AGRICULTURE

Votes

VOTE: COMMITTEE VOTE: - Agriculture - Apr 12, 2011
Ayes (9): Ritchie, O'Mara, Ranzenhofer, Seward, Young, Kennedy, Avella, Huntley, Valesky
Excused (1): Gallivan

Memo

BILL NUMBER:S3237

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

SUMMARY OF PROVISIONS: Section 351 defines animal fighting.

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 308 of the laws of 2008, is amended to make it 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 both imprisonment and fine, for any person who engages in any of the following conduct:

(a) for amusement or gain, causes any animal to engage in animal fighting;

(b) or trains any animal under circumstances evincing an intent that such animal engage in animal fighting for amusement or gain

(c) or breeds, sells or offers for sale any animal under circumstances evincing an intent that such animal engage in animal fighting;

(d) or permits any act described above to occur on premises under his control;

(e) 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;

(f) or owns, possesses or keeps any such animal under circumstances evincing an intent that such animal engage in animal fighting.

This bill makes it a misdemeanor punishable by imprisonment for a period not to exceed one year, or by a fine not to exceed one thousand dollars, or by both fine and imprisonment, for the knowing presence as a spectator at a place where an exhibition of animal fighting is being conducted.

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

LEGISLATIVE HISTORY: 2010: S.3926A

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 3237 2011-2012 Regular Sessions IN SENATE February 14, 2011 ___________
Introduced by Sens. LAVALLE, DeFRANCISCO, GOLDEN, GRIFFO, MAZIARZ, NOZZOLIO -- 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 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
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[. 4.] 3. (a) Any person who engages in conduct specified in paragraph (b) [hereof] 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 one thousand dollars, or by both such fine and impri- sonment. (b) 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.

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