Senate Bill S3926A

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

                                 3926--A
    Cal. No. 941

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 6, 2009
                               ___________

Introduced  by  Sens.  STAVISKY, DILAN, DUANE, GRIFFO, HASSELL-THOMPSON,
  KLEIN, KRUEGER,  MAZIARZ,  NOZZOLIO,  ONORATO,  OPPENHEIMER,  PERKINS,
  SAVINO,  THOMPSON, VALESKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture -- recommitted
  to the Committee on Agriculture in accordance with Senate Rule 6, sec.
  8 -- reported favorably from  said  committee  and  committed  to  the
  Committee  on Codes -- reported favorably from said committee, ordered
  to first and second report, amended on second  report,  ordered  to  a
  third  reading, and to be reprinted as amended, retaining its place in
  the order of third reading

AN ACT to amend the agriculture and markets law, in relation to increas-
  ing certain penalties for violating the prohibition of animal fighting

  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, subdivision 5 as added by chapter 308 of the
laws of 2008, is amended to read as follows:
  S 351. Prohibition  of  animal  fighting.  1.  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.
  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; or
  (b) Trains any animal under circumstances evincing an intent that such
animal engage in animal fighting for amusement or gain; or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD09266-05-0

S. 3926--A                          2

  (c)  Breeds,  sells  or offers for sale any animal under circumstances
evincing an intent that such animal engage in animal fighting; or
  (d)  Permits  any  act  described in paragraph (a), (b) or (c) of this
subdivision to occur on premises under his control; or
  (e) Owns, possesses or keeps any animal trained to  engage  in  animal
fighting  on  premises  where  an exhibition of animal fighting is being
conducted under circumstances evincing an intent that such animal engage
in animal fighting[.]; OR
  [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)] (F) The owning, possessing or keeping of any animal under circum-
stances evincing an intent that such animal engage in animal fighting[.
  4.]  3.  (a)  Any person who engages in conduct specified in paragraph
(b) [hereof] 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 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
fighting 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
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.]
  S 2. This act shall take effect immediately.