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.