Bill S6540-2013

Makes the possession of an animal trained to fight and being a spectator at an exhibition of animal fighting, a felony punishable by imprisonment of up to 5 years and a fine of up to $15,000

Makes the possession of an animal trained to fight and being a spectator at an exhibition of animal fighting, a felony punishable by a determinate term of imprisonment of between 3 and 5 years, or a fine of up to $15,000, or both such fine and imprisonment.

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  • Feb 4, 2014: REFERRED TO AGRICULTURE

Memo

BILL NUMBER:S6540                REVISED 5/15/14

TITLE OF BILL: An act to amend the agriculture and markets law, in relation to the possession of a fighting animal and being a spectator at an exhibition of animal fighting

PURPOSE: Makes the possession of an animal trained to fight and being a spectator at an exhibition of animal fighting, a felony punishable by imprisonment of up to 5 years and a fine of up to $15,000.

SUMMARY OF PROVISIONS:

Section One - amends paragraph (a) of subdivision 3 of section 351 of the agriculture and markets law by adding chapter 150 of the laws of 1984 to read as follows: Any person who engages in conduct specified in paragraph (b) of this subdivision is guilty of a felony punishable by a determinate term of imprisonment of no less than three years nor more than five years, or by a fine not to exceed fifteen thousand dollars, or by both fine and imprisonment.

Section Two - amends paragraph (a) of subdivision 5 of section 351 of the agriculture and markets law, by chapter 332 of the laws of 2011 to read as follows: Any person who engages in the conduct specified in paragraph (b) of this subdivision is guilty of a felony punishable by a determinate term of imprisonment of no less than three years nor more than five years, or by a fine not to exceed fifteen thousand dollars or by both fine and imprisonment.

Section Three - This act shall take effect immediately on the thirtieth day it shall have become a law and shall only apply to offenses committed on or after such date.

JUSTIFICATION: According to the Humane Society of the United States the injuries inflicted and sustained by the dogs participating in the dog fighting events are often extremely severe and fatal. Dogs are trained to inflict as much pain as possible on their opponent, and a dog with a stronger jaw is more desirable to be able to cause the most pain and damage possible to win the fight.

These events are very illegal and promotes violence, disrespect for the law, and illegal gambling. Dog fighting yields large profits due to the illegal gambling so a minimal fine to these individuals is less than a slap on the wrist, there is no incentive for them to stop. Any spectator taking place in and of these events is just as guilty as the person whose dog is fighting the other.

By increasing the cost of the fine and the amount of years on the sentencing date to both individuals taking part in the dog fighting and the spectators, this will make it harder on these individuals found guilty of taking place in any type of dog fighting. This legislation will both increase the amount of the fine which is currently at only

five hundred dollars, and increases the charges to a felony and increasing the sentencing time.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None to State.

EFFECTIVE DATE: This act shall take effect immediately on the thirtieth day it shall have become a law and shall only apply to offenses committed on or after such date.


Text

STATE OF NEW YORK ________________________________________________________________________ 6540 IN SENATE February 4, 2014 ___________
Introduced by Sen. BALL -- 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 the possession of a fighting animal and being a spectator at an exhibition of animal fighting THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (a) of subdivision 3 of section 351 of the agri- culture 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 and is] FELONY punishable by A DETERMINATE TERM OF imprisonment [for a period not to exceed one year] OF NOT LESS THAN THREE YEARS NOR MORE THAN FIVE YEARS, or by a fine not to exceed fifteen thousand dollars, or by both such fine and imprisonment. S 2. Paragraph (a) of subdivision 5 of section 351 of the agriculture and markets law, as amended by chapter 332 of the laws of 2011, is amended to read as follows: (a) Any person who engages in the conduct specified in paragraph (b) of this subdivision is guilty of a [class B misdemeanor] FELONY punisha- ble by A DETERMINATE TERM OF imprisonment [for a period not to exceed three months] OF NOT LESS THAN THREE YEARS NOR MORE THAN FIVE YEARS, or by a fine not to exceed [five hundred] FIFTEEN THOUSAND dollars, or by both such fine and imprisonment. [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 exceed one thousand dollars, or by both such fine and imprisonment.] S 3. 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.

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