NY State Senate Bill S229

Current Bill Status - In Senate Committee Agriculture Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2021	referred to agriculture

Co-Sponsors

S229 (ACTIVE) - Details

See Assembly Version of this Bill:: A1558
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §§351 & 353-a, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A8444
2011-2012: A1520
2013-2014: A6095
2015-2016: S1174, A1445
2017-2018: S1712, A8082
2019-2020: S385, A984

S229 (ACTIVE) - Summary

Increases certain penalties for violating the prohibition of animal fighting and for aggravated cruelty to animals and requires a psychiatric evaluation for defendants convicted of aggravated cruelty to animals.

S229 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S229

SPONSOR: TEDISCO
 
TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to increas-
ing certain penalties for violating the prohibition of animal fighting
and for aggravated cruelty to animals

 
PURPOSE OR GENERAL IDEA OF BILL:

To increase penalties (maximum prison sentences and maximum fines) for
engaging in animal fighting and committing the crime of Aggravated
Cruelty to Animals (aka Buster's Law) and require psychiatric
evaluation/treatment for those committing the crime of Aggravated Cruel-
ty to Animals.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends subdivision 2 of section 351 of Agriculture and
Markets Law to increase the maximum prison sentence from four to six

years, and increase the maximum fine from $25,000 to $30,000, for any
person who engages in the following felony conduct: (1) for amusement or
gain causes an animal to engage in animal fighting; or (2) trains any
animal with an intent that such animal engage in animal fighting; or (3)
breeds, sells or offers for sale, any animal with the intent that such
animal engage in animal fighting; or (4) permits any of the aforemen-
tioned acts to occur on a premises under his or her control; or (4)
owns, possesses or keeps an animal trained to engage in animal fighting
on the premises where animal fighting is being conducted with the intent
that such animal engage in animal fighting.

Section 2: Amends paragraph (a) of subdivision 3 of section 351 of Agri-
culture and Markets Law to increase the penalty for any person who owns,
possesses or keeps an animal with the intent to engage such animal in
animal fighting, from a misdemeanor (punishable by up to one year of
jail and/or a fine not to exceed $15,000) to a felony

(punishable by up to four years in prison and/or a fine not to exceed
$20,000).

Section 3: Amends paragraph (a) of subdivision 4 of section 351 of Agri-
culture and Markets Law to increase the penalty for a person who is
knowingly present as a spectator having paid an admission fee or made a
wager at any place where an exhibition of animal fighting is being
conducted, from a misdemeanor (punishable by up to one year of jail
and/or a fine not to exceed $1,000) to a felony (punishable by up to two
years in prison and/or a fine not to exceed $10,000).

Section 4: Amends subdivision 3 of section 353-a of Agriculture and
Markets Law to increase the penalty for the crime of Aggravated Cruelty
to Animals, committed when a person, for no justifiable purpose, inten-
tionally kills or intentionally causes serious physical injury to a
companion animal with aggravated cruelty, from a felony (punishable by a
definite sentence not to exceed two years and/or a fine not to exceed
$5,000) to a felon (punishable by up to four years imprisonment and/or a
fine not to exceed $10,000). Section 4 also directs the court to require
any person convicted of or adjudicated a youthful offender for the crime

of Aggravated Cruelty to Animals to under psychiatric
evaluation/treatment at his or her own expense.

 
JUSTIFICATION:

The recent media fury surrounding Atlanta Falcon Michael Vick's dog
fighting case including allegations that he brutally executed dogs not
considered vicious or aggressive enough has focused attention on the
gruesome world of animal fighting.

According to the U.S. Humane Society, dog fighting is illegal in all 50
states and the District of Columbia. Forty-eight states and the District
of Columbia have made dog fighting a felony offense; 47 states prohibit
the possession of dogs for fighting and 46 states prohibit being a spec-
tator at a dog fight. In July 2007, the Humane Society ranked New York
State 44th among states in the severity of its dog fighting laws. While
the state considers dog fighting a felony, being a spectator (having
paid an admission or made a bet) at these fights or owning or possessing
a dog with the intent to use it in a dogfight are only misdemeanors.
This bill would create felony penalties for these acts, significantly
increasing both applicable prison terms and fines, to provide more mean-
ingful deterrents against this blood sport.

The maximum prison term for the crime of Aggravated Cruelty to
Animals(aka Buster's Law), the intentional killing or intentionally
causing serious physical injury to a companion animal with animal cruel-
ty is only two years and/or a $5,000 fine. Animal cruelty is viewed by
experts as an indicator for future violence against humans.  This bill
would increase the maximum prison sentence to four years and maximum
fine to $10,000, making the punishment more fitting of the crime.

Animal cruelty is viewed by experts as an indicator for future violence
against humans. Since his 1997 arrest that led to "Buster's Law," Ches-
ter Williamson has been imprisoned numerous times for crimes including
Possession of Stolen Property and Attempted Burglary. In Fall 2007 his
criminal path took a predictable turn with his arrest for attempted
rape, sexual abuse and unlawful imprisonment of a 12-year-old girl.
Requiring early intervention in the form of psychiatric evaluation and
treatment would be another tool in the attempt to modify behavior
patterns to halt this pattern for escalating abuse.

 
PRIOR LEGISLATIVE HISTORY:

01/09/15: S.1174 Referred to Agriculture

01/06/16: S.1174 Referred to Agriculture

01/10/17: S.1712 REFERRED TO AGRICULTURE

05/16/17: S.1712 1ST REPORT CAL.935

05/17/17: S.1712 2ND REPORT CAL.

05/22/17: S.1712 ADVANCED TO THIRD READING

06/06/17: S.1712 PASSED SENATE

06/06/17: S.1712 DELIVERED TO ASSEMBLY
06/06/17: S.1712 referred to agriculture

01/03/18: S.1712 died in assembly

01/03/18: S.1712 returned to senate

01/03/18: 5.1712 REFERRED TO AGRICULTURE

06/05/18: S.1712 REPORTED AND COMMITTED TO RULES

06/05/18: 5.1712 COMMITTEE DISCHARGED AND COMMITTED

06/06/18: S.1712 ORDERED TO THIRD READING CAL.1533

06/06/18: S.1712 PASSED SENATE

06/06/18: S.1712 DELIVERED TO ASSEMBLY

06/06/18: S.1712 referred to agriculture

01/09/19: S.385 REFERRED TO AGRICULTURE

02/11/19: S.385 COMMITTEE DISCHARGED AND COMMITTED TO DOMESTIC ANIMAL
WELFARE

01/08/20: 5.385 REFERRED TO DOMESTIC ANIMAL WELFARE

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

S229 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    229
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  TEDISCO,  BOYLE, O'MARA -- read twice and ordered
   printed, and when printed to be committed to the Committee on Agricul-
   ture
 
 AN ACT to amend the agriculture and markets law, in relation to increas-
   ing certain penalties for violating the prohibition of animal fighting
   and for aggravated cruelty to animals
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  opening paragraph of subdivision 2 of section 351 of
 the agriculture and markets law, as amended by chapter 190 of  the  laws
 of 2004, is amended to read as follows:
   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]  SIX
 years, or by a fine not to exceed [twenty-five] THIRTY thousand dollars,
 or by both such fine and imprisonment:
   §  2. Paragraph (a) of subdivision 3 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:
   (a) Any person who engages in conduct specified in  paragraph  (b)  of
 this  subdivision  is guilty of a [misdemeanor] FELONY and is punishable
 by imprisonment for a period not to exceed [one year] FOUR YEARS, or  by
 a  fine not to exceed [fifteen] TWENTY thousand dollars, or by both such
 fine and imprisonment.
   § 3. Paragraph (a) of 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:
   (a)  Any  person  who  engages  in  conduct specified in paragraph (b)
 [hereof] OF THIS SUBDIVISION is guilty of a [misdemeanor] FELONY and  is
 punishable  by  imprisonment  for  a period not to exceed [one year] TWO

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

                                                            LBD01000-01-1

 S. 229                              2
 
 YEARS, or by a fine not to exceed [one] TEN thousand dollars, or by both
 such fine and imprisonment.
   §  4.  Subdivision  3  of section 353-a of the agriculture and markets
 law, as added by chapter 118 of the laws of 1999, is amended to read  as
 follows:
   3. Aggravated cruelty to animals is a felony. A defendant convicted of
 this  offense  shall be sentenced [pursuant to paragraph (b) of subdivi-
 sion one of section 55.10 of the penal law provided, however,  that  any
 term  of  imprisonment  imposed for violation of this section shall be a
 definite sentence, which may not exceed two years] TO A PERIOD OF IMPRI-
 SONMENT NOT TO EXCEED FOUR YEARS, BY A FINE NOT TO EXCEED  TEN  THOUSAND
 DOLLARS OR BY BOTH SUCH FINE AND IMPRISONMENT.  IN ADDITION TO ANY OTHER
 PENALTY  PROVIDED  BY LAW, THE COURT SHALL ORDER ANY DEFENDANT CONVICTED
 OF THIS OFFENSE, INCLUDING A DEFENDANT WHO HAS BEEN ADJUDICATED A YOUTH-
 FUL OFFENDER, TO UNDERGO A PSYCHIATRIC EVALUATION BY A QUALIFIED  MENTAL
 HEALTH  PROFESSIONAL AND MAY REQUIRE THAT SUCH PERSON, AT HIS OR HER OWN
 EXPENSE, ENTER AND COMPLETE ANY TREATMENT OR PROGRAM DEEMED NECESSARY TO
 TREAT ANY MENTAL DISEASE, MENTAL DEFECT OR MENTAL CONDITION,  WHICH  MAY
 HAVE CAUSED OR CONTRIBUTED TO SUCH OFFENSE.
   § 5. This act shall take effect immediately.

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The New York State Senate

senate Bill S229

Sponsored By

Current Bill Status - In Senate Committee Agriculture Committee

Your Voice

Actions

Co-Sponsors

S229 (ACTIVE) - Details

S229 (ACTIVE) - Summary

S229 (ACTIVE) - Sponsor Memo

S229 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S229

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Sponsored By

James Tedisco

Current Bill Status - In Senate Committee Agriculture Committee

Your Voice

Actions

Co-Sponsors

Phil Boyle

Thomas F. O'Mara

S229 (ACTIVE) - Details

S229 (ACTIVE) - Summary

S229 (ACTIVE) - Sponsor Memo

S229 (ACTIVE) - Bill Text download pdf

Comments