Bill S6774A-2011

Prohibits persons from owning, possessing, selling, transferring or manufacturing animal fighting paraphernalia

Prohibits persons from owning, possessing, selling, transferring or manufacturing animal fighting paraphernalia with intent to engage in animal fighting.

Details

Actions

  • Jun 13, 2012: SUBSTITUTED BY A9552A
  • May 30, 2012: AMENDED ON THIRD READING 6774A
  • May 30, 2012: VOTE RECONSIDERED - RESTORED TO THIRD READING
  • May 30, 2012: returned to senate
  • May 30, 2012: RECALLED FROM ASSEMBLY
  • Apr 19, 2012: referred to codes
  • Apr 19, 2012: DELIVERED TO ASSEMBLY
  • Apr 19, 2012: PASSED SENATE
  • Mar 29, 2012: ADVANCED TO THIRD READING
  • Mar 28, 2012: 2ND REPORT CAL.
  • Mar 27, 2012: 1ST REPORT CAL.457
  • Mar 21, 2012: REFERRED TO AGRICULTURE

Memo

BILL NUMBER:S6774A

TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to prohibiting persons from owning, possessing, selling, transferring or manufacturing animal fighting paraphernalia

PURPOSE OR GENERAL IDEA OF BILL:

Prohibits persons from owning, possessing, selling, transferring or manufacturing animal fighting paraphernalia.

SUMMARY OF SPECIFIC PROVISIONS:

Amends section 351 of the agriculture and markets law is amended by adding a new subdivision 6.

JUSTIFICATION:

This legislation would amend the provision which bans animal fighting to prohibit persons from owning, possessing, selling, transferring or manufacturing animal fighting paraphernalia.

Although "animal fighting" has been illegal for some time many individuals still possess animal fighting paraphernalia - this legislation would close a loophole by making it illegal items used to promote or facilitate animal fighting.

PRIOR LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None to state.

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 6774--A Cal. No. 457 IN SENATE March 21, 2012 ___________
Introduced by Sens. RITCHIE, AVELLA, BONACIC, BRESLIN, DILAN, KRUEGER, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the agriculture and markets law, in relation to prohib- iting persons from owning, possessing, selling, transferring or manu- facturing animal fighting paraphernalia 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 is amended by adding a new subdivision 6 to read as follows: 6. (A) ANY PERSON WHO INTENTIONALLY OWNS, POSSESSES, SELLS, TRANSFERS OR MANUFACTURES ANIMAL FIGHTING PARAPHERNALIA WITH THE INTENT TO ENGAGE IN OR OTHERWISE PROMOTE OR FACILITATE ANIMAL FIGHTING AS DEFINED IN SUBDIVISION ONE OF THIS SECTION IS GUILTY OF A CLASS B MISDEMEANOR PUNISHABLE BY IMPRISONMENT FOR A PERIOD OF UP TO NINETY DAYS, OR BY A FINE NOT TO EXCEED FIVE HUNDRED DOLLARS, OR BY BOTH SUCH FINE AND IMPRI- SONMENT. ANY PERSON WHO ENGAGES IN THE CONDUCT SPECIFIED IN THIS SUBDI- VISION AFTER HAVING BEEN CONVICTED WITHIN THE PREVIOUS FIVE YEARS OF A VIOLATION OF THIS SUBDIVISION IS GUILTY OF A MISDEMEANOR AND IS PUNISHA- BLE 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 IMPRISON- MENT. (B) FOR PURPOSES OF THIS SECTION, ANIMAL FIGHTING PARAPHERNALIA SHALL MEAN EQUIPMENT, PRODUCTS, OR MATERIALS OF ANY KIND THAT ARE USED, INTENDED FOR USE, OR DESIGNED FOR USE IN THE TRAINING, PREPARATION, CONDITIONING OR FURTHERANCE OF ANIMAL FIGHTING. ANIMAL FIGHTING PARAPHERNALIA INCLUDES THE FOLLOWING: (I) A BREAKING STICK, WHICH MEANS A DEVICE DESIGNED FOR INSERTION BEHIND THE MOLARS OF A DOG FOR THE PURPOSE OF BREAKING THE DOG'S GRIP ON ANOTHER ANIMAL OR OBJECT;
(II) A CAT MILL, WHICH MEANS A DEVICE THAT ROTATES AROUND A CENTRAL SUPPORT WITH ONE ARM DESIGNED TO SECURE A DOG AND ONE ARM DESIGNED TO SECURE A CAT, RABBIT, OR OTHER SMALL ANIMAL BEYOND THE GRASP OF THE DOG; (III) A TREADMILL, WHICH MEANS AN EXERCISE DEVICE CONSISTING OF AN ENDLESS BELT ON WHICH THE ANIMAL WALKS OR RUNS WITHOUT CHANGING PLACES; (IV) A SPRINGPOLE, WHICH MEANS A BITING SURFACE ATTACHED TO A STRETCH- ABLE DEVICE, SUSPENDED AT A HEIGHT SUFFICIENT TO PREVENT A DOG FROM REACHING THE BITING SURFACE WHILE TOUCHING THE GROUND; (V) A FIGHTING PIT, WHICH MEANS A WALLED AREA, OR OTHERWISE DEFINED AREA, DESIGNED TO CONTAIN AN ANIMAL FIGHT; (VI) ANY OTHER INSTRUMENT COMMONLY USED IN THE FURTHERANCE OF PITTING AN ANIMAL AGAINST ANOTHER ANIMAL. S 2. This act shall take effect on the ninetieth day after it shall have become a law.

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