Bill Text: NY A01148 | 2023-2024 | General Assembly | Amended
Bill Title: Relates to promoting animal fighting and appropriately punishing individuals associated with such activities.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced) 2024-07-15 - enacting clause stricken [A01148 Detail]
Download: New_York-2023-A01148-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1148--A Cal. No. 70 2023-2024 Regular Sessions IN ASSEMBLY January 13, 2023 ___________ Introduced by M. of A. ZEBROWSKI, BUTTENSCHON, ZINERMAN -- read once and referred to the Committee on Agriculture -- reported and referred to the Committee on Codes -- reported from committee, advanced to a third reading, amended and ordered reprinted, retaining its place on the order of third reading AN ACT to amend the agriculture and markets law and the penal law, in relation to detecting, disrupting and dismantling violent enterprise animal cruelty and appropriately punishing individuals associated with such enterprise cruelty; and to repeal certain provisions of the agri- culture and markets law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 350 of the agriculture and markets law is amended 2 by adding two new subdivisions 6 and 7 to read as follows: 3 6. "Animal fighting" means any fight between animals, or between any 4 animal and a person or persons, for amusement or gain. The term shall 5 not be construed to include exhibitions of a kind commonly featured at 6 rodeos. 7 7. "Animal fighting paraphernalia" means equipment, products, or mate- 8 rials of any kind that are used, intended for use, or designed for use 9 in the training, preparation, conditioning or furtherance of animal 10 fighting. Animal fighting paraphernalia includes (i) a breaking stick, 11 which means a device designed for insertion behind the molars of a dog 12 for the purpose of breaking the dog's grip on another animal or object, 13 (ii) a cat mill, which means a device that rotates around a central 14 support with one arm designed to secure a dog and one arm designed to 15 secure a cat, rabbit, or other small animal beyond the grasp of the dog, 16 (iii) a treadmill, which means an exercise device consisting of an 17 endless belt on which the animal walks or runs without changing places, 18 (iv) a springpole, which means a biting surface attached to a stretcha- 19 ble device, suspended at a height sufficient to prevent a dog from EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03170-02-3A. 1148--A 2 1 reaching the biting surface while touching the ground, (v) a fighting 2 pit, which means a walled area, or otherwise defined area, designed to 3 contain an animal fight, and (vi) any other instrument commonly used in 4 the furtherance of pitting an animal against another animal. 5 § 2. Section 351 of the agriculture and markets law is REPEALED and a 6 new section 351 is added to read as follows: 7 § 351. Promoting animal fighting in the third degree. A person is 8 guilty of promoting animal fighting in the third degree when such 9 person: 10 1. Owns, possesses, sells, transfers or manufactures animal fighting 11 paraphernalia under circumstances evincing an intent that such parapher- 12 nalia be used to engage in or otherwise promote or facilitate animal 13 fighting; or 14 2. Is present at any place where an exhibition of animal fighting is 15 being conducted and such person has knowledge that such an exhibition is 16 being conducted. 17 Promoting animal fighting in the third degree is a class B misdemeanor 18 and, for purposes of paragraph (b) of subdivision one of section 160.10 19 of the criminal procedure law, shall be treated as a misdemeanor defined 20 in the penal law. 21 § 3. The agriculture and markets law is amended by adding four new 22 sections 351-a, 351-b, 351-c and 351-d to read as follows: 23 § 351-a. Promoting animal fighting in the second degree. A person is 24 guilty of promoting animal fighting in the second degree when such 25 person: 26 1. Owns, possesses, or keeps any animal under circumstances evincing 27 an intent that such animal engage in, or in any way facilitate, animal 28 fighting; or 29 2. Commits the crime of promoting animal fighting in the third degree 30 in violation of subdivision one of section three hundred fifty-one of 31 this article and has been convicted within the previous five years of a 32 violation of this section, section three hundred fifty-one, three 33 hundred fifty-one-b, three hundred fifty-three, three hundred fifty- 34 three-a, three hundred fifty-six, three hundred fifty-nine, three 35 hundred sixty-one, or three hundred sixty-six of this article; or 36 3. Commits the crime of promoting animal fighting in the third degree 37 in violation of subdivision two of section three hundred fifty-one of 38 this article, and: 39 (a) has been convicted within the previous five years of a violation 40 of this section, section three hundred fifty-one, three hundred fifty- 41 one-b, three hundred fifty-three, three hundred fifty-three-a, three 42 hundred fifty-six, three hundred fifty-nine, three hundred sixty-one, or 43 three hundred sixty-six of this article, or 44 (b) has paid an admission fee, made a wager, or otherwise actively 45 contributed, in any manner, to the exhibition of animal fighting being 46 conducted. 47 Promoting animal fighting in the second degree is a class A misdemea- 48 nor and, for purposes of paragraph (b) of subdivision one of section 49 160.10 of the criminal procedure law, shall be treated as a misdemeanor 50 defined in the penal law. 51 § 351-b. Promoting animal fighting in the first degree. A person is 52 guilty of promoting animal fighting in the first degree when such 53 person: 54 1. Causes an animal to engage in animal fighting; 55 2. Trains an animal under circumstances evincing an intent that such 56 animal engage in animal fighting;A. 1148--A 3 1 3. Breeds, transfers, sells, or offers for sale an animal under 2 circumstances evincing an intent that such animal engage in animal 3 fighting; 4 4. Permits any act described in subdivision one, two or three of this 5 section to occur on premises under his or her control; or 6 5. Owns, possesses, harbors, or keeps any animal on premises where an 7 exhibition of animal fighting is being conducted under circumstances 8 evincing an intent that such animal engage in animal fighting. 9 Promoting animal fighting in the first degree is a class D felony. 10 § 351-c. Promoting enterprise animal fighting. A person is guilty of 11 promoting enterprise animal fighting when such person: 12 1. Commits the crime of promoting animal fighting in the first degree 13 in violation of subdivision one of section three hundred fifty-one-b of 14 this article as part of, during, or in connection with a continuous 15 exhibition of animal fighting that includes more than two animals in 16 successive acts of animal fighting; 17 2. Commits the crime of promoting animal fighting in the first degree 18 in violation of subdivision two or three of section three hundred 19 fifty-one-b of this article and is in possession of more than six 20 animals under circumstances evincing an intent that such animals engage 21 in, or otherwise facilitate, animal fighting; 22 3. Permits an act described in subdivision one of section three 23 hundred fifty-one-b of this article to occur on premises under his or 24 her control, where such act is a continuous exhibition of animal fight- 25 ing that includes more than two animals in successive acts of animal 26 fighting; or 27 4. Commits the crime of promoting animal fighting in the first degree 28 in violation of section three hundred fifty-one-b of this article and 29 has been convicted, within the previous five years, of a violation of 30 section three hundred fifty-one, three hundred fifty-one-a, three 31 hundred fifty-one-b, three hundred fifty-three, three hundred fifty- 32 three-a, three hundred fifty-six, three hundred fifty-nine, three 33 hundred sixty-one, or three hundred sixty-six of this article. 34 Promoting enterprise animal fighting in the first degree is a class C 35 felony. 36 § 351-d. Authorized dispositions; promoting animal fighting. When a 37 person is convicted of an offense defined in subdivision one of section 38 three hundred fifty-one-a of this article, in addition to the penalties 39 provided in section three hundred seventy-four of this article and those 40 provided in the other laws of this state, the court may impose a fine 41 which shall not exceed fifteen thousand dollars. When a person is 42 convicted of an offense defined in section three hundred fifty-one-b of 43 this article, in addition to the penalties provided in section three 44 hundred seventy-four of this article and those provided in the other 45 laws of this state, the court may impose a fine which shall not exceed 46 twenty-five thousand dollars. When a person is convicted of an offense 47 defined in section three hundred fifty-one-c of this article, in addi- 48 tion to the penalties provided in section three hundred seventy-four of 49 this article and those provided in the other laws of this state, the 50 court may impose a fine which shall not exceed thirty-five thousand 51 dollars. 52 § 4. Paragraph a of subdivision 8 of section 374 of the agriculture 53 and markets law, as amended by chapter 594 of the laws of 2003 and 54 subdivision 8 as renumbered by chapter 479 of the laws of 2009, is 55 amended to read as follows:A. 1148--A 4 1 a. In addition to any other penalty provided by law, upon conviction 2 for any violation of section three hundred fifty-one, three hundred 3 fifty-one-a, three hundred fifty-one-b, three hundred fifty-one-c, three 4 hundred fifty-three, three hundred fifty-three-a, three hundred fifty- 5 three-b, three hundred fifty-five, three hundred fifty-six, three 6 hundred fifty-nine, three hundred sixty, three hundred sixty-one, three 7 hundred sixty-five or three hundred sixty-eight of this article, the 8 convicted person may, after a duly held hearing pursuant to paragraph f 9 of this subdivision, be ordered by the court to forfeit, to a duly 10 incorporated society for the prevention of cruelty to animals or a duly 11 incorporated humane society or authorized agents thereof, the animal or 12 animals which are the basis of the conviction. Upon such an order of 13 forfeiture, the convicted person shall be deemed to have relinquished 14 all rights to the animals which are the basis of the conviction, except 15 those granted in paragraph d of this subdivision. 16 § 5. Paragraph (a) of subdivision 1 of section 70.06 of the penal law, 17 as amended by chapter 410 of the laws of 1979, is amended to read as 18 follows: 19 (a) A second felony offender is a person, other than a second violent 20 felony offender as defined in section 70.04, who stands convicted of a 21 felony [defined in this chapter], other than a class A-I felony, after 22 having previously been subjected to one or more predicate felony 23 convictions as defined in paragraph (b) of this subdivision. 24 § 6. Severability clause. If any clause, sentence, paragraph, subdivi- 25 sion, section or part of this act shall be adjudged by any court of 26 competent jurisdiction to be invalid, such judgment shall not affect, 27 impair, or invalidate the remainder thereof, but shall be confined in 28 its operation to the clause, sentence, paragraph, subdivision, section 29 or part thereof directly involved in the controversy in which such judg- 30 ment shall have been rendered. It is hereby declared to be the intent of 31 the legislature that this act would have been enacted even if such 32 invalid provisions had not been included herein. 33 § 7. This act shall take effect on the ninetieth day after it shall 34 have become a law.
