S T A T E O F N E W Y O R K
________________________________________________________________________
7232
2009-2010 Regular Sessions
I N A S S E M B L Y
March 26, 2009
___________
Introduced by M. of A. BALL -- read once and referred to the Committee
on Agriculture
AN ACT to amend the agriculture and markets law, in relation to animal
fighting
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 371 of the agriculture and markets law, as amended
by chapter 573 of the laws of 1978, is amended to read as follows:
S 371. Powers of peace officers. A constable or police officer must,
and any agent or officer of any duly incorporated society for the
prevention of cruelty to animals may issue an appearance ticket pursuant
to section 150.20 of the criminal procedure law, summon or arrest, and
bring before a court or magistrate having jurisdiction, any person
offending against any of the provisions of THIS article [twenty-six of
the agriculture and markets law]. Any officer or agent of any of said
societies may lawfully interfere to prevent the perpetration of any act
of cruelty upon any animal in his presence. Any of said societies may
prefer a complaint before any court, tribunal or magistrate having
jurisdiction, for the violation of any law relating to or affecting
animals and may aid in presenting the law and facts before such court,
tribunal or magistrate in any proceeding taken. THE PEACE OFFICERS AND
AGENTS REFERRED TO ABOVE, SHALL HAVE ALL THE POWERS OF A PEACE OFFICER
AS DEFINED AND ENUMERATED IN SECTIONS 2.10 AND 2.20 OF THE CRIMINAL
PROCEDURE LAW, INCLUDING BUT NOT LIMITED TO ACCESS TO DATABASES AVAIL-
ABLE TO ALL OTHER LAW ENFORCEMENT AGENCIES.
S 2. Subdivision 4 of section 351 of the agriculture and markets law,
as added by chapter 150 of the laws of 1984, is amended to read as
follows:
4. (a) Any person who engages in conduct specified in paragraph (b)
[hereof] OR (C) OF THIS SUBDIVISION is guilty of a misdemeanor and is
punishable by imprisonment for a period not to exceed one year, or by a
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06041-01-9
A. 7232 2
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 fight-
ing is being conducted.
(C) OWNS, POSSESSES OR KEEPS A BREAK STICK OR ANY OTHER PARAPHERNALIA
COMMONLY USED IN FIGHTING BETWEEN DOGS AS PROHIBITED BY THIS SECTION.
S 3. This act shall take effect immediately.