senate Bill S3237A

Signed By Governor
2011-2012 Legislative Session

Increases certain penalties for violating the prohibition of animal fighting

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Archive: Last Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 03, 2011 signed chap.332
Jul 22, 2011 delivered to governor
Jun 20, 2011 returned to senate
passed assembly
ordered to third reading rules cal.461
substituted for a4407a
referred to codes
returned to assembly
repassed senate
Jun 16, 2011 amended on third reading 3237a
vote reconsidered - restored to third reading
Jun 16, 2011 returned to senate
recalled from assembly
Jun 01, 2011 referred to codes
delivered to assembly
passed senate
May 02, 2011 advanced to third reading
Apr 13, 2011 2nd report cal.
Apr 12, 2011 1st report cal.347
Feb 14, 2011 referred to agriculture

Votes

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Apr 12, 2011 - Agriculture committee Vote

S3237
9
0
committee
9
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
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Committee Vote: Apr 12, 2011

excused (1)

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

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S3237 - Bill Details

See Assembly Version of this Bill:
A4407A
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §351, Ag & Mkts L
Versions Introduced in 2009-2010 Legislative Session:
S3926A, A6287B

S3237 - Bill Texts

view summary

Increases certain penalties for violating the prohibition of animal fighting.

view sponsor memo
BILL NUMBER:S3237

TITLE OF BILL:
An act
to amend the agriculture and markets law, in relation to
increasing certain penalties for violating the prohibition
of animal fighting

PURPOSE:
Top increase the penalties for those convicted of violating the
prohibition of animal fighting.

SUMMARY OF PROVISIONS:
Section 351 defines animal fighting.

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 308 of the laws of 2008,
is amended to make it 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 both imprisonment and fine, for any person
who engages in any of the following conduct:

(a) for amusement or gain, causes any animal to engage in animal
fighting;

(b) or trains any animal under circumstances evincing an intent that
such animal engage in animal fighting for amusement or gain

(c) or breeds, sells or offers for sale any animal under circumstances
evincing an intent that such animal engage in animal fighting;

(d) or permits any act described above to occur on premises under his
control;

(e) or owns, possesses or keeps any animal trained to engage in animal
fighting on premises under circumstances evincing an intent that such
animal engage in animal fighting;

(f) or owns, possesses or keeps any such animal under circumstances
evincing an intent that such animal engage in animal fighting.

This bill makes it a misdemeanor punishable by imprisonment for a
period not to exceed one year, or by a fine not to exceed one
thousand dollars, or by both fine and imprisonment, for the knowing
presence as a spectator at a place where an exhibition of animal
fighting is being conducted.

JUSTIFICATION:
As news media reports have shown, there appears to be an organized
infrastructure for what is a criminal industry. While dog fighting
has most been reported, other animals have been and are being used in
illegal animal fighting.

LEGISLATIVE HISTORY:
2010: S.3926A


FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
Immediately.

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

                                  3237

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 14, 2011
                               ___________

Introduced  by  Sens.  LAVALLE,  DeFRANCISCO,  GOLDEN,  GRIFFO, MAZIARZ,
  NOZZOLIO -- 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 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
  (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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06341-01-1

S. 3237                             2

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.

Co-Sponsors

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S3237A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A4407A
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §351, Ag & Mkts L
Versions Introduced in 2009-2010 Legislative Session:
S3926A, A6287B

S3237A (ACTIVE) - Bill Texts

view summary

Increases certain penalties for violating the prohibition of animal fighting.

view sponsor memo
BILL NUMBER:S3237A

TITLE OF BILL:
An act
to amend the agriculture and markets law, in relation to
increasing certain penalties for violating the prohibition
of animal fighting

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

SUMMARY OF PROVISIONS:
Section 351 defines animal fighting.

This bill makes it a class B misdemeanor punishable by imprisonment
for a period not to exceed 3 months, or by a fine not to exceed five
hundred dollars, or by both fine and imprisonment, for the knowing
presence as a spectator at a place where an exhibition of animal
fighting is being conducted.

JUSTIFICATION:
As news media reports have shown, there appears to be an organized
infrastructure for what is a criminal industry. While dog fighting
has most been reported, other animals have been and are being used in
illegal animal fighting.

LEGISLATIVE HISTORY:
2010: S.3926A

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3237--A
    Cal. No. 347

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 14, 2011
                               ___________

Introduced  by Sens. LAVALLE, ADAMS, ADDABBO, ALESI, AVELLA, BALL, BONA-
  CIC, CARLUCCI, DeFRANCISCO, DILAN, DUANE,  GIANARIS,  GOLDEN,  GRIFFO,
  HASSELL-THOMPSON,   KLEIN,  KRUEGER,  MARCELLINO,  MAZIARZ,  McDONALD,
  NOZZOLIO, O'MARA, OPPENHEIMER, PERKINS, ROBACH, ZELDIN --  read  twice
  and ordered printed, and when printed to be committed to the Committee
  on  Agriculture  -- reported favorably from said committee, ordered to
  first and second report, ordered to a third reading, passed by  Senate
  and  delivered  to the Assembly, recalled, vote reconsidered, restored
  to third reading, amended and ordered reprinted, 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.   Subdivision 5 of  section  351  of  the  agriculture  and
markets  law, as added by chapter 308 of the laws of 2008, is amended to
read as follows:
  5. (a) Any person who engages in the conduct  specified  in  paragraph
(b)  of  this subdivision is guilty of a [violation] CLASS B MISDEMEANOR
punishable by IMPRISONMENT FOR A PERIOD NOT TO EXCEED THREE  MONTHS,  OR
BY  a  fine not to exceed five hundred dollars, OR BY BOTH SUCH FINE AND
IMPRISONMENT.  Any person who engages in the conduct specified in  para-
graph  (b)  of  this  subdivision after having been convicted within the
previous five years of a violation of this  subdivision  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]  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 is being conducted.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law and shall only apply to offenses committed on or after
such date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06341-03-1

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