S T A T E O F N E W Y O R K
________________________________________________________________________
2163
2009-2010 Regular Sessions
I N A S S E M B L Y
January 15, 2009
___________
Introduced by M. of A. McENENY, CLARK, MILLMAN, V. LOPEZ, ORTIZ --
Multi-Sponsored by -- M. of A. COOK, CYMBROWITZ, DelMONTE, DINOWITZ,
ENGLEBRIGHT, GALEF, GLICK, JACOBS, JOHN, KOON, MARKEY, MAYERSOHN,
PHEFFER, WEISENBERG -- read once and referred to the Committee on
Agriculture
AN ACT to amend the agriculture and markets law, in relation to prohib-
iting animal wrestling and baiting
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 and subdivision 5 as added by chapter 308 of the
laws of 2008, is amended to read as follows:
S 351. Prohibition of animal fighting, WRESTLING OR BAITING. 1. (A)
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.
(B) FOR PURPOSES OF THIS SECTION, THE TERM "WRESTLING" SHALL MEAN ANY
FIGHT, CONTEST OR PHYSICAL ALTERCATION BETWEEN ONE OR MORE PERSONS AND
ONE OR MORE ANIMALS CONDUCTED SOLELY FOR THE PURPOSE OF ENTERTAINMENT OR
PROFIT.
(C) FOR PURPOSES OF THIS SECTION, "BAITING" SHALL MEAN TO CAUSE ONE OR
MORE ANIMALS TO ATTACK, PROVOKE OR HARASS ANOTHER ANIMAL OR ANIMALS, OR
TO USE ONE OR MORE ANIMALS FOR THE PURPOSE OF TRAINING OR CAUSING AN
ANIMAL TO FIGHT, ATTACK, PROVOKE OR HARASS ANOTHER ANIMAL OR ANIMALS,
SOLELY FOR THE PURPOSE OF ENTERTAINMENT OR PROFIT.
(D) FOR PURPOSES OF THIS SECTION, "SURGICAL ALTERATION" OF AN ANIMAL
SHALL INCLUDE, BUT NOT BE LIMITED TO, DECLAWING, TOOTH REMOVAL, SEVERING
OF TENDONS OR ADMINISTRATION OF DRUGS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05115-01-9
A. 2163 2
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, WRESTLING OR BAITING; [or]
(b) Trains any animal under circumstances evincing an intent that such
animal engage in animal fighting, WRESTLING OR BAITING for amusement or
gain; [or]
(c) Breeds, sells [or], offers for sale, SHIPS, TRANSPORTS OR
PURCHASES any animal under circumstances evincing an intent that such
animal engage in animal fighting, WRESTLING OR BAITING; [or]
(d) Permits any act described in paragraph (a), (b) [or], (c), (E) OR
(F) of this subdivision to occur on premises under his OR HER control;
[or]
(e) Owns, possesses or keeps any animal trained to engage in animal
fighting, WRESTLING OR BAITING on premises where an exhibition of animal
fighting, WRESTLING OR BAITING is being conducted under circumstances
evincing an intent that such animal engage in animal fighting, WRESTLING
OR BAITING; OR
(F) SELLS, OFFERS FOR SALE, SHIPS, TRANSPORTS, PURCHASES, OWNS OR
POSSESSES AN ANIMAL WHICH HAS BEEN BRED OR TRAINED TO FIGHT, WRESTLE OR
ENGAGE IN BAITING ACTIVITY UNDER CIRCUMSTANCES EVINCING AN INTENT THAT
SUCH ANIMAL ENGAGE IN ANIMAL FIGHTING, WRESTLING OR BAITING.
3. (a) Any person who engages in conduct specified in paragraph (b),
(C), (D) OR (E) 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] OF NOT LESS THAN ONE THOUSAND DOLLARS NOR MORE THAN
fifteen thousand dollars, or by both such fine and imprisonment.
(b) The owning, possessing or keeping of [any animal] ONE OR MORE
ANIMALS under circumstances evincing an intent that such animal engage
in animal fighting, WRESTLING OR BAITING;
(C) THE OWNING OR POSSESSING OF IMPLEMENTS WHICH ARE COMMONLY USED
SOLELY FOR EITHER TRAINING ANIMALS TO ENGAGE IN ANIMAL FIGHTING, WRESTL-
ING OR BAITING, OR DURING ANIMAL FIGHTS, WRESTLING OR BAITING;
(D) THE KNOWING SALE, TRANSFER, EXCHANGE OR MANUFACTURE OF IMPLEMENTS
COMMONLY USED SOLELY FOR EITHER TRAINING ANIMALS ENGAGED IN ANIMAL
FIGHTING, WRESTLING OR BAITING, OR DURING ANIMAL FIGHTS, WRESTLING OR
BAITING;
(E) THE PREPARATION OF AN ANIMAL PURSUANT TO SUBDIVISION SIX OF THIS
SECTION FOR THE PURPOSE OF TRAINING SUCH ANIMAL TO FIGHT, WRESTLE OR
ENGAGE IN BAITING, OR FOR THE PURPOSE OF CAUSING SUCH ANIMAL TO FIGHT,
WRESTLE OR ENGAGE IN BAITING.
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
dollars, 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 fight-
ing, WRESTLING OR BAITING 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
A. 2163 3
is punishable by imprisonment for a period not to exceed one year, or by
a fine not to [exceeded] EXCEED 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, WRESTLING OR BAITING is being conducted.
6. FOR PURPOSES OF THIS SECTION, THE FOLLOWING SHALL BE PRESUMPTIVE
EVIDENCE OF INTENT THAT AN ANIMAL ENGAGES IN ANIMAL FIGHTING, WRESTLING
OR BAITING:
(A) ADMINISTERING TO ANY ANIMAL HORMONES, STEROIDS OR ANY CHEMICAL
COMMONLY USED TO ENHANCE THE FIGHTING, WRESTLING OR BAITING ABILITY OF
AN ANIMAL;
(B) PERFORMING OR SUBJECTING A BEAR TO SURGICAL ALTERATION;
(C) BREEDING OR CROSSBREEDING OF COCKS OR OTHER BIRDS SOLELY FOR THE
PURPOSE OF ENHANCING THE FIGHTING ABILITY OF THE BIRD OR ITS OFFSPRING;
(D) SHAVING THE BREAST, NECK OR LOWER EXTREMITIES OF A BIRD OR BIRDS,
IN CONJUNCTION WITH CUTTING THE WATTLES AND COMBS, OR CLIPPING THE
FEATHERS, OR REMOVAL OF THE REAR TOENAIL; OR
(E) OWNING, POSSESSING OR KEEPING A BIRD OR BIRDS, IN CONJUNCTION WITH
OWNING, POSSESSING OR KEEPING OF IMPLEMENTS WHICH ARE COMMONLY USED
SOLELY FOR TRAINING OR FIGHTING BIRDS. SUCH IMPLEMENTS SHALL INCLUDE,
BUT NOT BE LIMITED TO, THE SHARP PLASTIC OR METAL SPUR DESIGNED FOR
ATTACHMENT TO THE FIGHTING BIRD'S LEG AND COMMONLY KNOWN AS A "GAFF" OR
"SLASHER", AND THE PROTECTIVE GLOVE DESIGNED FOR PLACEMENT OVER THE
FIGHTING BIRD'S LEG WHILE IT IS BEING TRAINED TO FIGHT.
7. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT
LAWFUL HUNTING ACTIVITIES CONDUCTED PURSUANT TO ARTICLE ELEVEN OF THE
ENVIRONMENTAL CONSERVATION LAW.
S 2. This act shall take effect immediately.