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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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15029-03-2
S. 6774--A                          2

  (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.