S T A T E O F N E W Y O R K
________________________________________________________________________
8148
2009-2010 Regular Sessions
I N A S S E M B L Y
May 6, 2009
___________
Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
tee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to penal-
ties for attendance as a spectator at a place where animal fighting is
being conducted
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 3, 4 and 5 of section 351 of the agriculture
and markets law, subdivisions 3 and 4 as added by chapter 150 of the
laws of 1984 and subdivision 5 as added by chapter 308 of the laws of
2008, are amended to read as follows:
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) The owning, possessing or keeping of any animal under circum-
stances evincing an intent that such animal engage in animal fighting.
4. (a) Any person who engages in conduct specified in paragraph (b)
[hereof] OF THIS SUBDIVISION is guilty of a misdemeanor [and is] punish-
able 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 imprison-
ment.
(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, REGARDLESS OF WHETHER SUCH PERSON HAS PAID
AN ADMISSION FEE OR HAS MADE A WAGER.
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-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09893-01-9
A. 8148 2
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.] ANY PERSON WHO IS CONVICTED
OF A VIOLATION OF SUBDIVISION FOUR OF THIS SECTION AND WHO HAS PREVIOUS-
LY BEEN CONVICTED OF A VIOLATION OF SUBDIVISION FOUR OF THIS SECTION
WITHIN THE PRECEDING FIVE YEARS, IS GUILTY OF A MISDEMEANOR PUNISHABLE
BY IMPRISONMENT FOR A PERIOD NOT TO EXCEED ONE YEAR, OR BY A FINE NOT TO
EXCEED TWO THOUSAND DOLLARS, OR BY BOTH SUCH FINE AND IMPRISONMENT.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law.