senate Bill S3237

Signed by Governor Amended

Increases certain penalties for violating the prohibition of animal fighting

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 14 / Feb / 2011
    • REFERRED TO AGRICULTURE
  • 12 / Apr / 2011
    • 1ST REPORT CAL.347
  • 13 / Apr / 2011
    • 2ND REPORT CAL.
  • 02 / May / 2011
    • ADVANCED TO THIRD READING
  • 01 / Jun / 2011
    • PASSED SENATE
  • 01 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 01 / Jun / 2011
    • REFERRED TO CODES
  • 16 / Jun / 2011
    • RECALLED FROM ASSEMBLY
  • 16 / Jun / 2011
    • RETURNED TO SENATE
  • 16 / Jun / 2011
    • VOTE RECONSIDERED - RESTORED TO THIRD READING
  • 16 / Jun / 2011
    • AMENDED ON THIRD READING 3237A
  • 20 / Jun / 2011
    • REPASSED SENATE
  • 20 / Jun / 2011
    • RETURNED TO ASSEMBLY
  • 20 / Jun / 2011
    • REFERRED TO CODES
  • 20 / Jun / 2011
    • SUBSTITUTED FOR A4407A
  • 20 / Jun / 2011
    • ORDERED TO THIRD READING RULES CAL.461
  • 20 / Jun / 2011
    • PASSED ASSEMBLY
  • 20 / Jun / 2011
    • RETURNED TO SENATE
  • 22 / Jul / 2011
    • DELIVERED TO GOVERNOR
  • 03 / Aug / 2011
    • SIGNED CHAP.332

Summary

Increases certain penalties for violating the prohibition of animal fighting.

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Bill Details

Versions:
S3237
S3237A
Legislative Cycle:
2011-2012
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §351, Ag & Mkts L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S3926A
2007-2008: S6429

Sponsor Memo

BILL NUMBER:S3237

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:
Top increase the penalties for those convicted of violating the
prohibition of animal fighting.

SUMMARY OF PROVISIONS:
Section 351 defines animal fighting.

Section 351 of the agriculture and markets law, as added by chapter
150 of the laws of 1984, subdivision 2 as amended by chapter 190 of
the laws of 2004, subdivision 5 as added by 308 of the laws of 2008,
is amended to make it 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 both imprisonment and fine, for any person
who engages in any of the following conduct:

(a) for amusement or gain, causes any animal to engage in animal
fighting;

(b) or trains any animal under circumstances evincing an intent that
such animal engage in animal fighting for amusement or gain

(c) or breeds, sells or offers for sale any animal under circumstances
evincing an intent that such animal engage in animal fighting;

(d) or permits any act described above to occur on premises under his
control;

(e) 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;

(f) or owns, possesses or keeps any such animal under circumstances
evincing an intent that such animal engage in animal fighting.

This bill makes it a misdemeanor punishable by imprisonment for a
period not to exceed one year, or by a fine not to exceed one
thousand dollars, or by both fine and imprisonment, for the knowing
presence as a spectator at a place where an exhibition of animal
fighting is being conducted.

JUSTIFICATION:
As news media reports have shown, there appears to be an organized
infrastructure for what is a criminal industry. While dog fighting
has most been reported, other animals have been and are being used in
illegal animal fighting.

LEGISLATIVE HISTORY:
2010: S.3926A


FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
Immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3237

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 14, 2011
                               ___________

Introduced  by  Sens.  LAVALLE,  DeFRANCISCO,  GOLDEN,  GRIFFO, MAZIARZ,
  NOZZOLIO -- read twice and ordered printed, and  when  printed  to  be
  committed 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:

  Section 1.  Section 351 of the agriculture and markets law,  as  added
by  chapter 150 of the laws of 1984, subdivision 2 as amended by chapter
190 of the laws of 2004, subdivision 5 as added by chapter  308  of  the
laws of 2008, is amended to read as follows:
  S 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06341-01-1

S. 3237                             2

conducted under circumstances evincing an intent that such animal engage
in animal fighting[.]; OR
  [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)] (F) The owning, possessing or keeping of any animal under circum-
stances evincing an intent that such animal engage in animal fighting[.
  4.] 3. (a) Any person who engages in conduct  specified  in  paragraph
(b)  [hereof]  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 one thousand dollars, or by both such fine and impri-
sonment.
  (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.
  [5.  (a)  Any person who engages in the conduct specified in paragraph
(b) of this subdivision is guilty of a violation punishable  by  a  fine
not  to  exceed  five  hundred  dollars.  Any  person who engages in the
conduct specified in paragraph (b) of this subdivision after having been
convicted within the previous five years of a violation of this subdivi-
sion or subdivision four of this section is guilty of a misdemeanor  and
is punishable by imprisonment for a period not to exceed one year, or by
a fine not to exceeded one thousand dollars, or by both by such fine and
imprisonment.
  (b)  The knowing presence as a spectator at any place where an exhibi-
tion of animal fighting is being conducted.]
  S 2. This act shall take effect immediately.

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