A06287 Summary:

BILL NO    A06287A

SAME AS    Same as S 3926

SPONSOR    Lentol

COSPNSR    Carrozza, Millman, Peralta, Rosenthal, Zebrowski, Koon

MLTSPNSR   Boyle, Brennan, Destito, Dinowitz, Glick, Hevesi, Latimer, McEneny,
           Weisenberg

Amd S351, Ag & Mkts L

Increases certain penalties for violating the prohibition of animal fighting.

A06287 Actions:

BILL NO    A06287A

02/27/2009 referred to agriculture
03/19/2009 amend and recommit to agriculture
03/19/2009 print number 6287a
04/28/2009 reported referred to codes
01/06/2010 referred to agriculture
02/09/2010 reported referred to codes

A06287 Votes:

A06287 Memo:

BILL NUMBER:A6287A

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 impri-
sonment  for  a  period  not  to  exceed four years, or by a fine not to
exceed twenty-five 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 amuse-
ment 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  misdemeanor
punishable  by imprisonment for a period not to exceed one year, or by a
fine not to exceed fifteen 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  misdemeanor
punishable  by  imprisonment not to exceed one year, or by a fine not to
exceed one thousand dollars, the knowing presence as a spectator 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 fight-
ing; 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  impri-
sonment  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  pres-
ence  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  organ-
ized  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.