NY State Senate Bill 2009-S3517

Senate Bill S3517

2009-2010 Legislative Session

Provides that all persons convicted of being spectators at animal fights shall be guilty of a misdemeanor

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Archive: Last Bill Status - In Senate Committee Agriculture Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to agriculture
Mar 23, 2009	referred to agriculture

co-Sponsors

2009-S3517 (ACTIVE) - Details

See Assembly Version of this Bill:: A8148
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §351, Ag & Mkts L
Versions Introduced in 2011-2012 Legislative Session:: A5957

2009-S3517 (ACTIVE) - Summary

Provides that all persons convicted of being spectators at animal fights shall be guilty of a misdemeanor and provides for increased penalties for a second offense.

2009-S3517 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3517

 TITLE OF BILL :

An act to amend the agriculture and markets law, in relation to
penalties for attendance as a spectator at a place where animal
fighting is being conducted


 PURPOSE :

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

 SUMMARY OF PROVISIONS :

This bill amends Subdivision 4 of Section 351 to make it a misdemeanor
punishable by imprisonment not to exceed one year, or by a fine not to
exceed one thousand dollars for any person to be knowingly present as
a spectator where an exhibition of animal fighting is being conducted.
This misdemeanor penalty currently only applies to ticket holders or
spectators who make a wager.

This bill amends Subdivision 5 of Section 351 to make it a felony
punishable by imprisonment not to exceed two years, or by a fine not
to exceed ten thousand dollars for any person to be knowingly present

as a spectator where an exhibition of animal fighting is being
conducted for any person who has been previously convicted of a
violation of subdivision four of this section within the preceding
five years.

 JUSTIFICATION :

Currently the law imposes a misdemeanor on spectators at animal fights
only if they have paid an admission fee or made a wager. This
typically requires the spectator to be in possession of an admission
stub at the time of arrest in order to find them guilty of a
misdemeanor. Animal fights are rarely formal events, and therefore
spectators rarely receive an admission stub or anything of that
nature.

This bill would close an unnecessary loophole by making it a
misdemeanor for all spectators at an animal fight within the state.
Additionally, this bill would make it a felony for all repeat
violators of this crime.

Spectators at animal fights are not innocent bystanders-the money
generated by admission fees and gambling helps keep this illegal
bloodshed going. If you take away the spectators, then you take away
the profit. Our laws must be tough enough to stop people from
financing the senseless torture of animals.

The Humane Society of the united States ranks New York's dog fighting
laws as 46th among the 50 states in the nation in terms of strictness.
By enacting this law, New York's animal fighting laws would be brought
up to speed with the rest of the nation.

 LEGISLATIVE HISTORY :

This is a new bill.

 FISCAL IMPLICATIONS :


 EFFECTIVE DATE :
This act shall take effect on the ninetieth day after it shall have
become a law.

2009-S3517 (ACTIVE) - Bill Text download pdf

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

                                  3517

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 23, 2009
                               ___________

Introduced  by  Sen. SERRANO -- 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  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

S. 3517                             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.

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Senate Bill S3517

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Sponsored By

Jose M. Serrano

Archive: Last Bill Status - In Senate Committee Agriculture Committee

co-Sponsors

Craig M. Johnson

Jeffrey D. Klein

George Onorato

Diane J. Savino

2009-S3517 (ACTIVE) - Details

2009-S3517 (ACTIVE) - Summary

2009-S3517 (ACTIVE) - Sponsor Memo

2009-S3517 (ACTIVE) - Bill Text download pdf

Comments