Sponsor: STAVISKY

Same as: A6287A

Co-sponsor(s): DILAN  DUANE  HASSELL-THOMPSON  KLEIN  KRUEGER  MONSERRATE  NOZZOLIO  ONORATO  OPPENHEIMER  HASSELL-THOMPSON  VALESKY 

Committee: AGRICULTURE

Law Section: Agriculture and Markets Law

S3926 Summary

S3926 Actions

"Same as" Actions for Bill A6287A
Feb 27, 2009 referred to agriculture
Mar 19, 2009 amend and recommit to agriculture
Mar 19, 2009 print number 6287a
Apr 28, 2009 reported referred to codes

S3926 Memo

 BILL NUMBER:  S3926

 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 having paid an admission fee or having made a wager at
any place where an exhibition of animal fighting is being conducted.

 EXISTING LAW :
Article 26 of the Agriculture and Markets Law. Section 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.

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) The owning, possessing or keeping of any animal
under circumstances evincing an intent that such animal engage in
animal fighting.

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 dollar's, or by both such fine and imprisonment. (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.

 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 :
A9421 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  S E N A T E

                                     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:

    1    Section 1.  Section 351 of the agriculture and markets law,  as  added
    2  by  chapter 150 of the laws of 1984, subdivision 2 as amended by chapter
    3  190 of the laws of 2004, subdivision 5 as added by chapter  308  of  the
    4  laws of 2008, is amended to read as follows:
    5    S 351. Prohibition  of  animal  fighting.  1.  For  purposes  of  this
    6  section, the term "animal fighting" shall mean any fight  between  cocks
    7  or  other  birds, or between dogs, bulls, bears or any other animals, or
    8  between any such animal and a person or persons, except  in  exhibitions
    9  of a kind commonly featured at rodeos.
   10    2. Any person who engages in any of the following conduct is guilty of
   11  a  felony  punishable  by  imprisonment  for a period not to exceed four
   12  years, or by a fine not to exceed twenty-five thousand  dollars,  or  by
   13  both such fine and imprisonment:
   14    (a)  For  amusement  or  gain,  causes  any animal to engage in animal
   15  fighting; or
   16    (b) Trains any animal under circumstances evincing an intent that such
   17  animal engage in animal fighting for amusement or gain; or
   18    (c) Breeds, sells or offers for sale any  animal  under  circumstances
   19  evincing an intent that such animal engage in animal fighting; or
   20    (d)  Permits  any  act  described in paragraph (a), (b) or (c) of this
   21  subdivision to occur on premises under his control; or
   22    (e) Owns, possesses or keeps any animal trained to  engage  in  animal
   23  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

    1  conducted under circumstances evincing an intent that such animal engage
    2  in animal fighting[.]; OR
    3    [3.  (a)  Any person who engages in conduct specified in paragraph (b)
    4  of this subdivision is guilty of a  misdemeanor  and  is  punishable  by
    5  imprisonment  for  a  period not to exceed one year, or by a fine not to
    6  exceed fifteen thousand dollars, or by both such fine and imprisonment.
    7    (b)] (F) The owning, possessing or keeping of any animal under circum-
    8  stances  evincing  an  intent  that  such  animal   engage   in   animal
    9  fighting[.]; OR
   10    [4.  (a)  Any person who engages in conduct specified in paragraph (b)
   11  hereof is guilty of a misdemeanor and is punishable by imprisonment  for
   12  a period not to exceed one year, or by a fine not to exceed one thousand
   13  dollars, or by both such fine and imprisonment.
   14    (b)] (G) The knowing presence as a spectator [having paid an admission
   15  fee  or  having made a wager] at any place where an exhibition of animal
   16  fighting is being conducted.
   17    [5. (a) Any person who engages in the conduct specified  in  paragraph
   18  (b)  of  this  subdivision is guilty of a violation punishable by a fine
   19  not to exceed five hundred  dollars.  Any  person  who  engages  in  the
   20  conduct specified in paragraph (b) of this subdivision after having been
   21  convicted within the previous five years of a violation of this subdivi-
   22  sion  or subdivision four of this section is guilty of a misdemeanor and
   23  is punishable by imprisonment for a period not to exceed one year, or by
   24  a fine not to exceeded one thousand dollars, or by both by such fine and
   25  imprisonment.
   26    (b) The knowing presence as a spectator at any place where an  exhibi-
   27  tion of animal fighting is being conducted.]
   28    S 2. This act shall take effect immediately.