NY State Senate Bill 2021-S90A

Senate Bill S90A

2021-2022 Legislative Session

Relates to promoting animal fighting; and repeals certain provisions of such law relating thereto

download bill text pdf

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
Mar 21, 2022	print number 90a
Mar 21, 2022	amend (t) and recommit to agriculture
Jan 05, 2022	referred to agriculture returned to senate died in assembly
Mar 08, 2021	referred to agriculture delivered to assembly passed senate
Feb 01, 2021	advanced to third reading
Jan 26, 2021	2nd report cal.
Jan 25, 2021	1st report cal.176
Jan 06, 2021	referred to agriculture

Votes

- Mar 8, 2021 - Floor Vote
  S90A
  
  62
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Mar 8, 2021
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
      
      nay (1)
      
      Brisport
  Jan 25, 2021 - Agriculture Committee Vote
  S90A
  
  8
  
  Aye
  
  1
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Agriculture Committee Vote: Jan 25, 2021
      
      aye (8)
      
      Biaggi
      
      Borrello
      
      Comrie
      
      Helming
      
      Hinchey
      
      Jordan
      
      May
      
      Ramos
      
      nay (1)
      
      Brisport

Bill Amendments

Original

A (Active)

co-Sponsors

2021-S90 - Details

See Assembly Version of this Bill:: A696
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §§350 & 374, rpld & add §351, add §§351-a, 351-b, 351-c & 351-d, Ag & Mkts L
Versions Introduced in 2021-2022 Legislative Session:: S90, A696

2021-S90 - Summary

Relates to promoting animal fighting and appropriately punishing individuals associated with such activities.

2021-S90 - Sponsor Memo

                                
 
BILL NUMBER: S90

SPONSOR: KAMINSKY
 
TITLE OF BILL:

An act to amend the agriculture and markets law and the penal law, in
relation to detecting, disrupting and dismantling violent enterprise
animal cruelty and appropriately punishing individuals associated with
such enterprise cruelty; and to repeal certain provisions of the agri-
culture and markets law relating thereto

 
PURPOSE:

This bill seeks to clarify and enhance the animal crimes laws of New
York State as they pertain to animal fighting. It does so by introducing
a new felony level offense for enterprise animal fighting, consolidating
definitions, stratifying levels of offense, altering penalty classifica-
tions, and harmonizing provisions with the criminal procedure law and
the penal law.

 
SUMMARY OF PROVISIONS:

The bill predominately dissects and modifies the existing section 351 of
the agriculture and markets law, which currently houses the various
level offenses which pertain to animal fighting. As it currently stands,
section 351 contains a definitions section as well as proscribed conduct
sections. Unlike other modern criminal law statutes, the one section
houses multiple classifications of crime:  including unclassified felo-
nies, unclassified misdemeanors, and class B misdemeanors.

Section three of this bill transfers the pre-existing definitions of
"animal fighting" and "animal fighting paraphernalia" out of section 351
and into section 350 of the agriculture and markets law (section 350 is
the "definitions" section for the overarching article). The definition
of "animal fighting paraphernalia" is substantively unchanged. The defi-
nition of "animal fighting" is streamlined but possesses no change of
legal import.

Section four of this bill repeals the existing section 351 in its
entirety and breaks it into three successive criminal statutes (proposed
sections 351 (Promoting Animal Fighting in the Third Degree), 351-a
(Promoting Animal Fighting in the Second Degree), and 351-b (Promoting
Animal Fighting in the First Degree)). The proposed section 351 contains
vestiges of the existing subdivisions (6) and (5) of section 351.
Specifically, section 351(6)(a), which pertains to animal fighting
paraphernalia, serves as the foundation for the proposed section 351(1).
Section 351(5)(b), which pertains to the knowing attendance of an animal
fight, serves as the foundation for the proposed section 351(2). Both
offenses remain class B misdemeanors despite the transfer; however, with
the addition of language that harmonizes these class B misdemeanors with
penal law misdemeanors, violators are subjected to the taking of finger-
prints, palmprints, and mugshots (as with any penal law misdemeanor).
The proposed section 351(1) also replaces the concept of "intentional"
possession, which is virtually unique among possession-based crimes,
with language that harmonizes the level of proof to other existing
passages of section 351 (most notably as they relate to possession of
animals themselves).


Section five of this bill creates the new crime of Promoting Antiinil
Fighting in the Second Degree, which, in turn, derives its passages from
the existing subdivisions (3) and (4) of section 351.  Substantive
changes to those passages are as follows: (1) the proposed 351-a(1)
includes language of "facilitation" of animal fighting, which thusly now
includes "bait animals"; (2) the proposed 351-a(2) and 351-a(3) (a)
predicate higher penalties on a broader classification of animal crimes
offenses, rather than limiting the higher penalty thresholds to a strict
re-offense of a specific clause of the statute; (3) violation of the
offense now allows for the taking of fingerprints, palmprints, and
mugshot at the time of arrest processing.

Section six of this bill creates the new crime of Promoting Animal
Fighting in the First Degree, which, in turn, derives its passages from
the existing subdivision (2) of section 351. The passages are for the
most part transferred without substantive modification, except that the
inclusion of the word "transfers" in the language of the proposed
351-b(3) allows for criminal liability without proof of an actual
exchange of assets. The penalty for violation of these provisions is
also upgraded from an unclassified felony (which otherwise functions as
a class E felony) to a class D felony.

Section seven of this bill creates the new crime of Promoting Enterprise
Animal Fighting, which serves to elevate the penalty for highly-organ-
ized criminal fighting ventures. In order to violate this statute, an
offender must (a) be a participant in a "continuous exhibition of animal
fighting that includes more than two animals in successive acts of
animal fighting," (b) be in possession of "more than six animals under
circumstances evincing an intent that such animals engage in, or other-
wise facilitate, animal fighting," (c) host a "continuous exhibition of
animal fighting that includes more than two animals in successive acts
of animal fighting," or (d) repeatedly offend the provisions protecting
animals from cruelty.

Section eight of this bill truncates and transplants the authorized
sentencing provisions of the existing section 351 into a separate stat-
ute as well as adds an opposite sentencing range for the newly created
offense of Promoting Enterprise Animal Fighting.

Section nine of this bill conforms the special sentencing provisions of
section 374 to the aforesaid statutory changes.

Section ten of this bill eliminates a bizarre loophole in the penal law
whereby a repeat felony offender of the animal cruelty provisions cannot
be eligible for second felony offender status. It is noted that, pursu-
ant to section 70.70 of the penal law, a third-time offender of the
animal cruelty provisions can be eligible for persistent felony offender
status.

Section eleven of this bill consists of a severability clause.

Section twelve of this bill consists of its effective date.

 
JUSTIFICATION:

This bill will dramatically impact the state's enforcement of animal
fighting, most notably dog-and cock-fighting. According to some esti-
mates, dogfighting is a billion-dollar underground economy - just in the
United States. Some studies put the United States' share of this enter-
prise at a full third of the global dogfighting economy.  Money is not
only made by abhorrent wagers on the outcomes of fights, but also
through the illicit breeding, marketing, trading, and sale of dogs.
Professional fighters will market the bloodlines of their winners, make
money off of forced breeding sessions (whether successful or not), and
sell litters as fast as they can be produced.  The underground industry
is such that, besides the fighters, there are individuals who specialize
as "promoters" of fights, as breeders, as trainers, and as sellers.
Because the activity must go undetected, there is also a strong subver-
sive demand for medications, specialized equipment, veterinary services,
and "dark web" communication platforms (unregistered internet sites,
invisible to public view).  Another awful truth of this already-atro-
cious enterprise is that fighters will sometimes steal animals from
their surrounding community - small dogs or cats - to use for bait or
training for their kennels. Due to the financial benefits of this enter-
prise, animal fighting often serves as an underground economy for
narcotics and weapons traffickers.

The current laws in effect for combating animal fighting are insuffi-
cient to deter perpetrators from the possible financial benefits of
participation. In Nassau County, an individual was recently captured and
convicted for a fourth dogfighting offense in 16 years. Indeed, in the
most recent case, he was rearrested on new animal fighting charges while
on parole for only one month following release from his last felony
conviction. His sentencing exposure for the most recent arrest remained
capped at 1 and 1/3 to 4 years' incarceration, with early release eligi-
bility much sooner than the full term. The concept that highly organ-
ized, underground criminal enterprises, no matter how sophisticated or
connected with other illegal enterprises, can only be punished at a
class E felony level is inherently faulty. Equally faulty is the concept
that current misdemeanor animal fighting charges do not allow for the
capture of fingerprints, palmprints, or mugshots upon arrest.

As animal fighting is almost always multiple animals being abused simul-
taneously, the sentencing and penalty structure should be modified to
take this "exponential" aspect into account. This bill recognizes the
seriousness and pervasiveness of the underground world of animal fight-
ing, its financial appeal, its associated crimes, and its weak enforce-
ment, and moves to correct it with measured and reasonable levels of
criminal liability.

 
LEGISLATIVE HISTORY:

2016 - S8199 (Kaminsky): Died in Rules.

2017 - S251 (Kaminsky): Died in Agriculture.

2018 - S251 (Kaminsky): Died in Agriculture.

2019 - S94 (Kaminsky): Passed Senate, Died in Assembly

2020 - S94 (Kaminsky): died on Calendar.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
90 days after enactment.

2021-S90 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    90
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sen. KAMINSKY -- 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 and the  penal  law,  in
   relation  to  detecting, disrupting and dismantling violent enterprise
   animal cruelty and appropriately punishing individuals associated with
   such enterprise cruelty; and to repeal certain provisions of the agri-
   culture and markets law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 350 of the agriculture and markets law is amended
 by adding two new subdivisions 6 and 7 to read as follows:
   6. "ANIMAL FIGHTING" MEANS ANY FIGHT BETWEEN ANIMALS, OR  BETWEEN  ANY
 ANIMAL  AND  A  PERSON OR PERSONS, FOR AMUSEMENT OR GAIN. THE TERM SHALL
 NOT BE CONSTRUED TO INCLUDE EXHIBITIONS OF A KIND COMMONLY  FEATURED  AT
 RODEOS.
   7. "ANIMAL FIGHTING PARAPHERNALIA" MEANS EQUIPMENT, PRODUCTS, OR MATE-
 RIALS  OF  ANY KIND THAT ARE USED, INTENDED FOR USE, OR DESIGNED FOR USE
 IN THE TRAINING, PREPARATION,  CONDITIONING  OR  FURTHERANCE  OF  ANIMAL
 FIGHTING.  ANIMAL  FIGHTING PARAPHERNALIA INCLUDES (I) A BREAKING STICK,
 WHICH MEANS A DEVICE DESIGNED FOR INSERTION BEHIND THE MOLARS OF  A  DOG
 FOR  THE PURPOSE OF BREAKING THE DOG'S GRIP ON ANOTHER ANIMAL OR OBJECT,
 (II) A CAT MILL, WHICH MEANS A DEVICE  THAT  ROTATES  AROUND  A  CENTRAL
 SUPPORT  WITH  ONE  ARM DESIGNED TO SECURE A DOG AND ONE ARM DESIGNED TO
 SECURE A CAT, RABBIT, OR OTHER SMALL ANIMAL BEYOND THE GRASP OF THE DOG,
 (III) A TREADMILL, WHICH MEANS  AN  EXERCISE  DEVICE  CONSISTING  OF  AN
 ENDLESS  BELT ON WHICH THE ANIMAL WALKS OR RUNS WITHOUT CHANGING PLACES,
 (IV) A SPRINGPOLE, WHICH MEANS A BITING SURFACE ATTACHED TO A  STRETCHA-
 BLE  DEVICE,  SUSPENDED  AT  A  HEIGHT  SUFFICIENT TO PREVENT A DOG FROM
 REACHING THE BITING SURFACE WHILE TOUCHING THE GROUND,  (V)  A  FIGHTING
 PIT,  WHICH  MEANS A WALLED AREA, OR OTHERWISE DEFINED AREA, DESIGNED TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD01195-01-1

 S. 90                               2
 
 CONTAIN AN ANIMAL FIGHT, AND (VI) ANY OTHER INSTRUMENT COMMONLY USED  IN
 THE FURTHERANCE OF PITTING AN ANIMAL AGAINST ANOTHER ANIMAL.
   §  2. Section 351 of the agriculture and markets law is REPEALED and a
 new section 351 is added to read as follows:
   § 351. PROMOTING ANIMAL FIGHTING IN THE  THIRD  DEGREE.  A  PERSON  IS
 GUILTY  OF  PROMOTING  ANIMAL  FIGHTING  IN  THE  THIRD DEGREE WHEN SUCH
 PERSON:
   1. OWNS, POSSESSES, SELLS, TRANSFERS OR MANUFACTURES  ANIMAL  FIGHTING
 PARAPHERNALIA UNDER CIRCUMSTANCES EVINCING AN INTENT THAT SUCH PARAPHER-
 NALIA  BE  USED  TO  ENGAGE IN OR OTHERWISE PROMOTE OR FACILITATE ANIMAL
 FIGHTING; OR
   2. IS PRESENT AT ANY PLACE WHERE AN EXHIBITION OF ANIMAL  FIGHTING  IS
 BEING CONDUCTED AND SUCH PERSON HAS KNOWLEDGE THAT SUCH AN EXHIBITION IS
 BEING CONDUCTED.
   PROMOTING ANIMAL FIGHTING IN THE THIRD DEGREE IS A CLASS B MISDEMEANOR
 AND,  FOR PURPOSES OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION 160.10
 OF THE CRIMINAL PROCEDURE LAW, SHALL BE TREATED AS A MISDEMEANOR DEFINED
 IN THE PENAL LAW.
   § 3. The agriculture and markets law is amended  by  adding  four  new
 sections 351-a, 351-b, 351-c and 351-d to read as follows:
   §  351-A.  PROMOTING ANIMAL FIGHTING IN THE SECOND DEGREE. A PERSON IS
 GUILTY OF PROMOTING ANIMAL FIGHTING  IN  THE  SECOND  DEGREE  WHEN  SUCH
 PERSON:
   1.  OWNS,  POSSESSES, OR KEEPS ANY ANIMAL UNDER CIRCUMSTANCES EVINCING
 AN INTENT THAT SUCH ANIMAL ENGAGE IN, OR IN ANY WAY  FACILITATE,  ANIMAL
 FIGHTING; OR
   2.  COMMITS THE CRIME OF PROMOTING ANIMAL FIGHTING IN THE THIRD DEGREE
 IN VIOLATION OF SUBDIVISION ONE OF SECTION THREE  HUNDRED  FIFTY-ONE  OF
 THIS  ARTICLE AND HAS BEEN CONVICTED WITHIN THE PREVIOUS FIVE YEARS OF A
 VIOLATION OF  THIS  SECTION,  SECTION  THREE  HUNDRED  FIFTY-ONE,  THREE
 HUNDRED  FIFTY-ONE-B,  THREE  HUNDRED  FIFTY-THREE, THREE HUNDRED FIFTY-
 THREE-A,  THREE  HUNDRED  FIFTY-SIX,  THREE  HUNDRED  FIFTY-NINE,  THREE
 HUNDRED SIXTY-ONE, OR THREE HUNDRED SIXTY-SIX OF THIS ARTICLE; OR
   3.  COMMITS THE CRIME OF PROMOTING ANIMAL FIGHTING IN THE THIRD DEGREE
 IN VIOLATION OF SUBDIVISION TWO OF SECTION THREE  HUNDRED  FIFTY-ONE  OF
 THIS ARTICLE, AND:
   (A)  HAS  BEEN CONVICTED WITHIN THE PREVIOUS FIVE YEARS OF A VIOLATION
 OF THIS SECTION, SECTION THREE HUNDRED FIFTY-ONE, THREE  HUNDRED  FIFTY-
 ONE-B,  THREE  HUNDRED  FIFTY-THREE,  THREE HUNDRED FIFTY-THREE-A, THREE
 HUNDRED FIFTY-SIX, THREE HUNDRED FIFTY-NINE, THREE HUNDRED SIXTY-ONE, OR
 THREE HUNDRED SIXTY-SIX OF THIS ARTICLE, OR
   (B) HAS PAID AN ADMISSION FEE, MADE A  WAGER,  OR  OTHERWISE  ACTIVELY
 CONTRIBUTED,  IN  ANY MANNER, TO THE EXHIBITION OF ANIMAL FIGHTING BEING
 CONDUCTED.
   PROMOTING ANIMAL FIGHTING IN THE SECOND DEGREE IS A CLASS A  MISDEMEA-
 NOR  AND,  FOR  PURPOSES  OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION
 160.10 OF THE CRIMINAL PROCEDURE LAW, SHALL BE TREATED AS A  MISDEMEANOR
 DEFINED IN THE PENAL LAW.
   §  351-B.  PROMOTING  ANIMAL FIGHTING IN THE FIRST DEGREE. A PERSON IS
 GUILTY OF PROMOTING ANIMAL  FIGHTING  IN  THE  FIRST  DEGREE  WHEN  SUCH
 PERSON:
   1. CAUSES AN ANIMAL TO ENGAGE IN ANIMAL FIGHTING;
   2.  TRAINS  AN ANIMAL UNDER CIRCUMSTANCES EVINCING AN INTENT THAT SUCH
 ANIMAL ENGAGE IN ANIMAL FIGHTING;

 S. 90                               3
 
   3. BREEDS, TRANSFERS, SELLS,  OR  OFFERS  FOR  SALE  AN  ANIMAL  UNDER
 CIRCUMSTANCES  EVINCING  AN  INTENT  THAT  SUCH  ANIMAL ENGAGE IN ANIMAL
 FIGHTING;
   4.  PERMITS ANY ACT DESCRIBED IN SUBDIVISION ONE, TWO OR THREE OF THIS
 SECTION TO OCCUR ON PREMISES UNDER HIS OR HER CONTROL; OR
   5. OWNS, POSSESSES, HARBORS, OR KEEPS ANY ANIMAL ON PREMISES WHERE  AN
 EXHIBITION  OF  ANIMAL  FIGHTING  IS BEING CONDUCTED UNDER CIRCUMSTANCES
 EVINCING AN INTENT THAT SUCH ANIMAL ENGAGE IN ANIMAL FIGHTING.
   PROMOTING ANIMAL FIGHTING IN THE FIRST DEGREE IS A CLASS D FELONY.
   § 351-C. PROMOTING ENTERPRISE ANIMAL FIGHTING. A PERSON IS  GUILTY  OF
 PROMOTING ENTERPRISE ANIMAL FIGHTING WHEN SUCH PERSON:
   1.  COMMITS THE CRIME OF PROMOTING ANIMAL FIGHTING IN THE FIRST DEGREE
 IN VIOLATION OF SUBDIVISION ONE OF SECTION THREE HUNDRED FIFTY-ONE-B  OF
 THIS  ARTICLE  AS  PART  OF,  DURING, OR IN CONNECTION WITH A CONTINUOUS
 EXHIBITION OF ANIMAL FIGHTING THAT INCLUDES MORE  THAN  TWO  ANIMALS  IN
 SUCCESSIVE ACTS OF ANIMAL FIGHTING;
   2.  COMMITS THE CRIME OF PROMOTING ANIMAL FIGHTING IN THE FIRST DEGREE
 IN VIOLATION OF SUBDIVISION  TWO  OR  THREE  OF  SECTION  THREE  HUNDRED
 FIFTY-ONE-B  OF  THIS  ARTICLE  AND  IS  IN  POSSESSION OF MORE THAN SIX
 ANIMALS UNDER CIRCUMSTANCES EVINCING AN INTENT THAT SUCH ANIMALS  ENGAGE
 IN, OR OTHERWISE FACILITATE, ANIMAL FIGHTING;
   3.  PERMITS  AN  ACT  DESCRIBED  IN  SUBDIVISION  ONE OF SECTION THREE
 HUNDRED FIFTY-ONE-B OF THIS ARTICLE TO OCCUR ON PREMISES  UNDER  HIS  OR
 HER  CONTROL, WHERE SUCH ACT IS A CONTINUOUS EXHIBITION OF ANIMAL FIGHT-
 ING THAT INCLUDES MORE THAN TWO ANIMALS IN  SUCCESSIVE  ACTS  OF  ANIMAL
 FIGHTING; OR
   4.  COMMITS THE CRIME OF PROMOTING ANIMAL FIGHTING IN THE FIRST DEGREE
 IN VIOLATION OF SECTION THREE HUNDRED FIFTY-ONE-B OF  THIS  ARTICLE  AND
 HAS  BEEN  CONVICTED,  WITHIN THE PREVIOUS FIVE YEARS, OF A VIOLATION OF
 SECTION  THREE  HUNDRED  FIFTY-ONE,  THREE  HUNDRED  FIFTY-ONE-A,  THREE
 HUNDRED  FIFTY-ONE-B,  THREE  HUNDRED  FIFTY-THREE, THREE HUNDRED FIFTY-
 THREE-A,  THREE  HUNDRED  FIFTY-SIX,  THREE  HUNDRED  FIFTY-NINE,  THREE
 HUNDRED SIXTY-ONE, OR THREE HUNDRED SIXTY-SIX OF THIS ARTICLE.
   PROMOTING  ENTERPRISE ANIMAL FIGHTING IN THE FIRST DEGREE IS A CLASS C
 FELONY.
   § 351-D. AUTHORIZED DISPOSITIONS; PROMOTING ANIMAL FIGHTING.   WHEN  A
 PERSON  IS CONVICTED OF AN OFFENSE DEFINED IN SUBDIVISION ONE OF SECTION
 THREE HUNDRED FIFTY-ONE-A OF THIS ARTICLE, IN ADDITION TO THE  PENALTIES
 PROVIDED IN SECTION THREE HUNDRED SEVENTY-FOUR OF THIS ARTICLE AND THOSE
 PROVIDED  IN  THE  OTHER LAWS OF THIS STATE, THE COURT MAY IMPOSE A FINE
 WHICH SHALL NOT EXCEED  FIFTEEN  THOUSAND  DOLLARS.  WHEN  A  PERSON  IS
 CONVICTED  OF AN OFFENSE DEFINED IN SECTION THREE HUNDRED FIFTY-ONE-B OF
 THIS ARTICLE, IN ADDITION TO THE PENALTIES  PROVIDED  IN  SECTION  THREE
 HUNDRED  SEVENTY-FOUR  OF  THIS  ARTICLE AND THOSE PROVIDED IN THE OTHER
 LAWS OF THIS STATE, THE COURT MAY IMPOSE A FINE WHICH SHALL  NOT  EXCEED
 TWENTY-FIVE  THOUSAND  DOLLARS. WHEN A PERSON IS CONVICTED OF AN OFFENSE
 DEFINED IN SECTION THREE HUNDRED FIFTY-ONE-C OF THIS ARTICLE,  IN  ADDI-
 TION  TO THE PENALTIES PROVIDED IN SECTION THREE HUNDRED SEVENTY-FOUR OF
 THIS ARTICLE AND THOSE PROVIDED IN THE OTHER LAWS  OF  THIS  STATE,  THE
 COURT  MAY  IMPOSE  A  FINE  WHICH SHALL NOT EXCEED THIRTY-FIVE THOUSAND
 DOLLARS.
   § 4. Paragraph a of subdivision 8 of section 374  of  the  agriculture
 and  markets  law,  as  amended  by  chapter 594 of the laws of 2003 and
 subdivision 8 as renumbered by chapter 479  of  the  laws  of  2009,  is
 amended to read as follows:

 S. 90                               4
 
   a.  In  addition to any other penalty provided by law, upon conviction
 for any violation of section  three  hundred  fifty-one,  THREE  HUNDRED
 FIFTY-ONE-A, THREE HUNDRED FIFTY-ONE-B, THREE HUNDRED FIFTY-ONE-C, three
 hundred  fifty-three,  three hundred fifty-three-a, three hundred fifty-
 three-b,  three  hundred  fifty-five,  three  hundred  fifty-six,  three
 hundred fifty-nine, three hundred sixty, three hundred sixty-one,  three
 hundred  sixty-five  or  three  hundred sixty-eight of this article, the
 convicted person may, after a duly held hearing pursuant to paragraph  f
 of  this  subdivision,  be  ordered  by  the court to forfeit, to a duly
 incorporated society for the prevention of cruelty to animals or a  duly
 incorporated  humane society or authorized agents thereof, the animal or
 animals which are the basis of the conviction. Upon  such  an  order  of
 forfeiture,  the  convicted  person shall be deemed to have relinquished
 all rights to the animals which are the basis of the conviction,  except
 those granted in paragraph d of this subdivision.
   § 5. Paragraph (a) of subdivision 1 of section 70.06 of the penal law,
 as  amended  by  chapter  410 of the laws of 1979, is amended to read as
 follows:
   (a) A second felony offender is a person, other than a second  violent
 felony  offender  as defined in section 70.04, who stands convicted of a
 felony [defined in this chapter], other than a class A-I  felony,  after
 having  previously  been  subjected  to  one  or  more  predicate felony
 convictions as defined in paragraph (b) of this subdivision.
   § 6. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  7.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

co-Sponsors

2021-S90A (ACTIVE) - Details

See Assembly Version of this Bill:: A696
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §§350 & 374, rpld & add §351, add §§351-a, 351-b, 351-c & 351-d, Ag & Mkts L
Versions Introduced in 2021-2022 Legislative Session:: S90, A696

2021-S90A (ACTIVE) - Summary

Relates to promoting animal fighting and appropriately punishing individuals associated with such activities.

2021-S90A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S90A

SPONSOR: KAMINSKY
 
TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to detect-
ing, disrupting and dismantling violent enterprise animal cruelty and
appropriately punishing individuals associated with such enterprise
cruelty; and to repeal certain provisions of the agriculture and markets
law relating thereto

 
PURPOSE:

This bill seeks to clarify and enhance the animal crimes laws of New
York State as they pertain to animal fighting. It does so by introducing
a new felony level offense for enterprise animal fighting, consolidating
definitions, stratifying levels of offense, altering penalty classifica-
tions, and harmonizing provisions with the criminal procedure law and
the penal law.

 
SUMMARY OF PROVISIONS:

Section one of this bill transfers the pre-existing definitions of
"animal fighting" and "animal fighting paraphernalia" out of section 351
and into section 350 of the agriculture and markets law.

Section two of this bill repeals the existing section 351 in its entire-
ty and creates a new section of Promoting Animal Fighting in the Third
Degree. The proposed section 351 contains vestiges of the existing
subdivisions (6) and (5) of section 351. Both offenses remain class B
misdemeanors despite the transfer; however, with the addition of
language that harmonizes these class B misdemeanors with penal law
misdemeanors, violators are subjected to the taking of finger-palm-
prints, and mugshots (as with any penal law misdemeanor).

Section three of this bill creates the new crime of Promoting Animal
Fighting in the Second Degree, which, in turn, derives its passages from
the existing subdivisions (3) and (4) of section 351.  Substantive
changes to those passages are as follows: (1) the proposed 351-a(1)
includes language of "facilitation" of animal fighting, which thusly now
includes "bait animals"; (2) the proposed 351-a(2) and 351-a(3) (a)
predicate higher penalties on a broader classification of animal crimes
offenses, rather than limiting the higher penalty thresholds to a strict
re-offense of a specific clause of the statute; (3) violation of the
offense now allows for the taking of fingerprints, palmprints, and
mugshot at the time of arrest processing.

The bill creates the new crime of Promoting Animal Fighting in the First
Degree, which, in turn, derives its passages from the existing subdivi-
sion (2) of section 351. The passages are for the most part transferred
without substantive modification, except that the inclusion of the word
"transfers" in the language of the proposed 351-b(3) allows for criminal
liability without proof of an actual exchange of assets. The penalty for
violation of these provisions is a class E felony.

The bill creates the new crime of Promoting Enterprise Animal Fighting,
which serves to elevate the penalty for highly-organized criminal fight-
ing ventures. In order to violate this statute, an offender must (a) be
a participant in a "continuous exhibition of animal fighting that
includes more than two animals in successive acts of animal fighting,"
(b) be in possession of "more than six animals under circumstances
evincing an intent that such animals engage in or otherwise facilitate,
animal fighting," (c) host a "continuous exhibition of animal fighting
that includes more than two -animals in successive acts of animal fight-
ing," or (d) repeatedly offend the provisions protecting animals from
cruelty. The penalty for Promoting Enterprise Animal Fighting is a class
D felony.

Section four of this bill conforms the special sentencing provisions of
section 374 to the aforesaid statutory changes.

Section five of this bill consists of a severability clause. Section six
of this bill consists of its effective date.

 
JUSTIFICATION:

This bill will dramatically impact the state's enforcement of animal
fighting, most notably dog-and cock-fighting. According to some esti-
mates, dogfighting is a billion-dollar underground economy - just in the
United States. Some studies put the United States' share of this enter-
prise at a full third of the global dogfighting economy.  Money is not
only made by abhorrent wagers on the outcomes of fights, but also
through the illicit breeding, marketing, trading, and sale of dogs.
Professional fighters will market the bloodlines of their winners, make
money off of forced breeding sessions (whether successful or not), and
sell litters as fast as they can be produced.  The underground industry
is such that, besides the fighters, there are individuals who specialize
as "promoters" of fights, as breeders, as trainers, and as sellers.
Because the activity must go undetected, there is also a strong subver-
sive demand for medications, specialized equipment, veterinary services,
and "dark web" communication platforms (unregistered internet sites,
invisible to public view).  Another awful truth of this already atro-
cious enterprise is that fighters will sometimes steal animals from
their surrounding community - small dogs or cats - to use for bait or
training for their kennels.  Due to the financial benefits of this
enterprise, animal fighting often serves as an underground economy for
narcotics and weapons traffickers.

The current laws in effect for combating animal fighting are insuffi-
cient to deter perpetrators from the possible financial benefits of
participation. In Nassau County, an individual was recently captured and
convicted for a fourth dogfighting offense in 16 years. Indeed, in the
most recent case, he was rearrested on new animal fighting charges while
on parole for only one month following release from his last felony
conviction. His sentencing exposure for the most recent arrest remained
capped at 1 and 1/3 to 4 years' incarceration, with early release eligi-
bility much sooner than the full term. The concept that highly organ-
ized, underground criminal enterprises, no matter how sophisticated or
connected with other illegal enterprises, can only be punished at a
class E felony level is inherently faulty. Equally faulty is the concept
that current misdemeanor animal fighting charges do not allow for the
capture of fingerprints, palmprints, or mugshots upon arrest. As animal
fighting is almost always multiple animals being abused simultaneously,
the sentencing and penalty structure should be modified to take this
"exponential" aspect into account. This bill recognizes the seriousness
and pervasiveness of the underground world of animal fighting, its
financial appeal, its associated crimes, and its weak enforcement, and
moves to correct it with measured and reasonable levels of criminal
liability.

 
LEGISLATIVE HISTORY:

2016 - S8199 (Kaminsky): Died in Rules.

2017 - S251 (Kaminsky): Died in Agriculture.

2018 - S251 (Kaminsky): Died in Agriculture.

2019 - S94 (Kaminsky): Passed Senate, Died in Assembly

2020 - S94 (Kaminsky): died on Calendar.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
90 days after enactment.

2021-S90A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   90--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by Sens. KAMINSKY, HELMING, HINCHEY -- read twice and ordered
   printed, and when printed to be committed to the Committee on Agricul-
   ture -- recommitted to the Committee on Agriculture in accordance with
   Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the agriculture and markets law, in relation to  detect-
   ing,  disrupting and dismantling violent enterprise animal cruelty and
   appropriately punishing individuals associated  with  such  enterprise
   cruelty;  and  to  repeal  certain  provisions  of the agriculture and
   markets law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 350 of the agriculture and markets law is amended
 by adding two new subdivisions 6 and 7 to read as follows:
   6. "ANIMAL FIGHTING" MEANS ANY FIGHT BETWEEN ANIMALS, OR  BETWEEN  ANY
 ANIMAL  AND  A  PERSON OR PERSONS, FOR AMUSEMENT OR GAIN. THE TERM SHALL
 NOT BE CONSTRUED TO INCLUDE EXHIBITIONS OF A KIND COMMONLY  FEATURED  AT
 RODEOS.
   7. "ANIMAL FIGHTING PARAPHERNALIA" MEANS EQUIPMENT, PRODUCTS, OR MATE-
 RIALS  OF  ANY KIND THAT ARE USED, INTENDED FOR USE, OR DESIGNED FOR USE
 IN THE TRAINING, PREPARATION,  CONDITIONING  OR  FURTHERANCE  OF  ANIMAL
 FIGHTING. ANIMAL FIGHTING PARAPHERNALIA INCLUDES:
   (I)  A  BREAKING  STICK,  WHICH  MEANS A DEVICE DESIGNED FOR INSERTION
 BEHIND THE MOLARS OF A DOG FOR THE PURPOSE OF BREAKING THE DOG'S GRIP ON
 ANOTHER ANIMAL OR OBJECT;
   (II) A CAT MILL, WHICH MEANS A DEVICE THAT ROTATES  AROUND  A  CENTRAL
 SUPPORT  WITH  ONE  ARM DESIGNED TO SECURE A DOG AND ONE ARM DESIGNED TO
 SECURE A CAT, RABBIT, OR OTHER SMALL ANIMAL BEYOND THE GRASP OF THE DOG;
   (III) A TREADMILL, WHICH MEANS AN EXERCISE  DEVICE  CONSISTING  OF  AN
 ENDLESS BELT ON WHICH THE ANIMAL WALKS OR RUNS WITHOUT CHANGING PLACES;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01195-05-2
 S. 90--A                            2
 
   (IV) A SPRINGPOLE, WHICH MEANS A BITING SURFACE ATTACHED TO A STRETCH-
 ABLE  DEVICE,  SUSPENDED  AT  A  HEIGHT SUFFICIENT TO PREVENT A DOG FROM
 REACHING THE BITING SURFACE WHILE TOUCHING THE GROUND;
   (V)  A  FIGHTING  PIT, WHICH MEANS A WALLED AREA, OR OTHERWISE DEFINED
 AREA, DESIGNED TO CONTAIN AN ANIMAL FIGHT; AND
   (VI) ANY OTHER INSTRUMENT COMMONLY USED IN THE FURTHERANCE OF  PITTING
 AN ANIMAL AGAINST ANOTHER ANIMAL.
   §  2. Section 351 of the agriculture and markets law is REPEALED and a
 new section 351 is added to read as follows:
   § 351. PROMOTING ANIMAL FIGHTING IN THE  THIRD  DEGREE.  A  PERSON  IS
 GUILTY  OF  PROMOTING  ANIMAL  FIGHTING  IN  THE  THIRD DEGREE WHEN SUCH
 PERSON:
   1. OWNS, POSSESSES, SELLS, TRANSFERS OR MANUFACTURES  ANIMAL  FIGHTING
 PARAPHERNALIA  WITH THE INTENT THAT SUCH PARAPHERNALIA BE USED TO ENGAGE
 IN OR OTHERWISE PROMOTE OR FACILITATE ANIMAL FIGHTING; OR
   2. IS KNOWINGLY PRESENT AS A SPECTATOR AT A PLACE WHERE AN  EXHIBITION
 OF ANIMAL FIGHTING IS BEING CONDUCTED.
   PROMOTING ANIMAL FIGHTING IN THE THIRD DEGREE IS A CLASS B MISDEMEANOR
 AND,  FOR PURPOSES OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION 160.10
 OF THE CRIMINAL PROCEDURE LAW, SHALL BE TREATED AS A MISDEMEANOR DEFINED
 IN THE PENAL LAW.
   § 3. The agriculture and markets law is amended  by  adding  four  new
 sections 351-a, 351-b, 351-c and 351-d to read as follows:
   §  351-A.  PROMOTING ANIMAL FIGHTING IN THE SECOND DEGREE. A PERSON IS
 GUILTY OF PROMOTING ANIMAL FIGHTING  IN  THE  SECOND  DEGREE  WHEN  SUCH
 PERSON:
   1.  OWNS,  POSSESSES,  OR  KEEPS  ANY ANIMAL WITH THE INTENT THAT SUCH
 ANIMAL ENGAGE IN, OR IN ANY WAY FACILITATE, ANIMAL FIGHTING; OR
   2. COMMITS THE CRIME OF PROMOTING ANIMAL FIGHTING IN THE THIRD  DEGREE
 IN  VIOLATION  OF  SUBDIVISION ONE OF SECTION THREE HUNDRED FIFTY-ONE OF
 THIS ARTICLE AND HAS BEEN CONVICTED WITHIN THE PREVIOUS FIVE YEARS OF  A
 VIOLATION  OF  THIS  SECTION,  SECTION  THREE  HUNDRED  FIFTY-ONE, THREE
 HUNDRED FIFTY-ONE-B, THREE HUNDRED  FIFTY-THREE,  THREE  HUNDRED  FIFTY-
 THREE-A,  THREE  HUNDRED  FIFTY-SIX,  THREE  HUNDRED  FIFTY-NINE,  THREE
 HUNDRED SIXTY-ONE, OR THREE HUNDRED SIXTY-SIX OF THIS ARTICLE; OR
   3. COMMITS THE CRIME OF PROMOTING ANIMAL FIGHTING IN THE THIRD  DEGREE
 IN  VIOLATION  OF  SUBDIVISION TWO OF SECTION THREE HUNDRED FIFTY-ONE OF
 THIS ARTICLE, AND:
   (A) HAS BEEN CONVICTED WITHIN THE PREVIOUS FIVE YEARS OF  A  VIOLATION
 OF  THIS  SECTION, SECTION THREE HUNDRED FIFTY-ONE, THREE HUNDRED FIFTY-
 ONE-B, THREE HUNDRED FIFTY-THREE,  THREE  HUNDRED  FIFTY-THREE-A,  THREE
 HUNDRED FIFTY-SIX, THREE HUNDRED FIFTY-NINE, THREE HUNDRED SIXTY-ONE, OR
 THREE HUNDRED SIXTY-SIX OF THIS ARTICLE, OR
   (B) HAS PAID AN ADMISSION FEE AS A SPECTATOR WHO IS KNOWINGLY PRESENT,
 MADE  A  WAGER, OR OTHERWISE ACTIVELY CONTRIBUTED, IN ANY MANNER, TO THE
 EXHIBITION OF ANIMAL FIGHTING BEING CONDUCTED.
   PROMOTING ANIMAL FIGHTING IN THE SECOND DEGREE IS A CLASS A  MISDEMEA-
 NOR  AND,  FOR  PURPOSES  OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION
 160.10 OF THE CRIMINAL PROCEDURE LAW, SHALL BE TREATED AS A  MISDEMEANOR
 DEFINED IN THE PENAL LAW.
   §  351-B.  PROMOTING  ANIMAL FIGHTING IN THE FIRST DEGREE. A PERSON IS
 GUILTY OF PROMOTING ANIMAL  FIGHTING  IN  THE  FIRST  DEGREE  WHEN  SUCH
 PERSON:
   1. CAUSES AN ANIMAL TO ENGAGE IN ANIMAL FIGHTING;
   2.  TRAINS AN ANIMAL WITH THE INTENT THAT SUCH ANIMAL ENGAGE IN ANIMAL
 FIGHTING;
 S. 90--A                            3
 
   3. BREEDS, TRANSFERS, SELLS, OR OFFERS FOR SALE  AN  ANIMAL  WITH  THE
 INTENT THAT SUCH ANIMAL ENGAGE IN ANIMAL FIGHTING;
   4.  PERMITS ANY ACT DESCRIBED IN SUBDIVISION ONE, TWO OR THREE OF THIS
 SECTION TO OCCUR ON PREMISES UNDER HIS OR HER CONTROL; OR
   5. OWNS, POSSESSES, HARBORS, OR KEEPS ANY ANIMAL ON PREMISES WHERE  AN
 EXHIBITION  OF  ANIMAL  FIGHTING IS BEING CONDUCTED WITH THE INTENT THAT
 SUCH ANIMAL ENGAGE IN ANIMAL FIGHTING.
   PROMOTING ANIMAL FIGHTING IN THE FIRST DEGREE IS A CLASS E FELONY.
   § 351-C. PROMOTING ENTERPRISE ANIMAL FIGHTING. A PERSON IS  GUILTY  OF
 PROMOTING ENTERPRISE ANIMAL FIGHTING WHEN SUCH PERSON:
   1.  COMMITS THE CRIME OF PROMOTING ANIMAL FIGHTING IN THE FIRST DEGREE
 IN VIOLATION OF SUBDIVISION ONE OF SECTION THREE HUNDRED FIFTY-ONE-B  OF
 THIS  ARTICLE  AS  PART  OF,  DURING, OR IN CONNECTION WITH A CONTINUOUS
 EXHIBITION OF ANIMAL FIGHTING THAT INCLUDES MORE  THAN  TWO  ANIMALS  IN
 SUCCESSIVE ACTS OF ANIMAL FIGHTING;
   2.  COMMITS THE CRIME OF PROMOTING ANIMAL FIGHTING IN THE FIRST DEGREE
 IN VIOLATION OF SUBDIVISION  TWO  OR  THREE  OF  SECTION  THREE  HUNDRED
 FIFTY-ONE-B  OF  THIS  ARTICLE  AND  IS  IN  POSSESSION OF MORE THAN SIX
 ANIMALS WITH THE INTENT THAT SUCH ANIMALS ENGAGE IN, OR OTHERWISE FACIL-
 ITATE, ANIMAL FIGHTING;
   3. COMMITS THE CRIME OF PROMOTING ANIMAL FIGHTING IN THE FIRST  DEGREE
 IN VIOLATION OF SUBDIVISION FOUR OF SECTION THREE HUNDRED FIFTY-ONE-B OF
 THIS  ARTICLE WHERE SUCH ACT IS A CONTINUOUS EXHIBITION OF ANIMAL FIGHT-
 ING THAT INCLUDES MORE THAN TWO ANIMALS IN  SUCCESSIVE  ACTS  OF  ANIMAL
 FIGHTING; OR
   4.  COMMITS THE CRIME OF PROMOTING ANIMAL FIGHTING IN THE FIRST DEGREE
 IN VIOLATION OF SECTION THREE HUNDRED FIFTY-ONE-B OF  THIS  ARTICLE  AND
 HAS  BEEN  CONVICTED,  WITHIN THE PREVIOUS FIVE YEARS, OF A VIOLATION OF
 SECTION THREE HUNDRED  FIFTY-ONE-A,  THREE  HUNDRED  FIFTY-ONE-B,  THREE
 HUNDRED  FIFTY-THREE,  THREE  HUNDRED  FIFTY-THREE-A,  OR  THREE HUNDRED
 SIXTY-ONE OF THIS ARTICLE.
   PROMOTING ENTERPRISE ANIMAL FIGHTING IN THE FIRST DEGREE IS A CLASS  D
 FELONY.
   §  351-D.  AUTHORIZED DISPOSITIONS; PROMOTING ANIMAL FIGHTING.  WHEN A
 PERSON IS CONVICTED OF AN OFFENSE DEFINED IN SUBDIVISION ONE OF  SECTION
 THREE  HUNDRED FIFTY-ONE-A OF THIS ARTICLE, IN ADDITION TO THE PENALTIES
 PROVIDED IN SECTION THREE HUNDRED SEVENTY-FOUR OF THIS ARTICLE AND THOSE
 PROVIDED IN THE OTHER LAWS OF THIS STATE, THE COURT MAY  IMPOSE  A  FINE
 WHICH  SHALL NOT EXCEED TEN THOUSAND DOLLARS. WHEN A PERSON IS CONVICTED
 OF AN OFFENSE DEFINED IN SECTION THREE HUNDRED FIFTY-ONE-B OF THIS ARTI-
 CLE, IN ADDITION TO THE PENALTIES  PROVIDED  IN  SECTION  THREE  HUNDRED
 SEVENTY-FOUR  OF  THIS  ARTICLE  AND THOSE PROVIDED IN THE OTHER LAWS OF
 THIS STATE, THE COURT MAY IMPOSE A FINE WHICH SHALL  NOT  EXCEED  TWENTY
 THOUSAND  DOLLARS.  WHEN  A PERSON IS CONVICTED OF AN OFFENSE DEFINED IN
 SECTION THREE HUNDRED FIFTY-ONE-C OF THIS ARTICLE, IN  ADDITION  TO  THE
 PENALTIES PROVIDED IN SECTION THREE HUNDRED SEVENTY-FOUR OF THIS ARTICLE
 AND THOSE PROVIDED IN THE OTHER LAWS OF THIS STATE, THE COURT MAY IMPOSE
 A FINE WHICH SHALL NOT EXCEED THIRTY THOUSAND DOLLARS.
   §  4.  Paragraph  a of subdivision 8 of section 374 of the agriculture
 and markets law, as amended by chapter 594  of  the  laws  of  2003  and
 subdivision  8  as  renumbered  by  chapter  479 of the laws of 2009, is
 amended to read as follows:
   a. In addition to any other penalty provided by law,  upon  conviction
 for  any  violation  of  section  three hundred fifty-one, THREE HUNDRED
 FIFTY-ONE-A, THREE HUNDRED FIFTY-ONE-B, THREE HUNDRED FIFTY-ONE-C, three
 hundred fifty-three, three hundred fifty-three-a, three  hundred  fifty-
 S. 90--A                            4
 
 three-b,  three  hundred  fifty-five,  three  hundred  fifty-six,  three
 hundred fifty-nine, three hundred sixty, three hundred sixty-one,  three
 hundred  sixty-five  or  three  hundred sixty-eight of this article, the
 convicted  person may, after a duly held hearing pursuant to paragraph f
 of this subdivision, be ordered by the  court  to  forfeit,  to  a  duly
 incorporated  society for the prevention of cruelty to animals or a duly
 incorporated humane society or authorized agents thereof, the animal  or
 animals  which  are  the  basis of the conviction. Upon such an order of
 forfeiture, the convicted person shall be deemed  to  have  relinquished
 all  rights to the animals which are the basis of the conviction, except
 those granted in paragraph d of this subdivision.
   § 5. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  6.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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Senate Bill S90A

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Sponsored By

Todd Kaminsky

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Bill Amendments

co-Sponsors

Pamela Helming

Michelle Hinchey

2021-S90 - Details

2021-S90 - Summary

2021-S90 - Sponsor Memo

2021-S90 - Bill Text download pdf

co-Sponsors

Pamela Helming

Michelle Hinchey

2021-S90A (ACTIVE) - Details

2021-S90A (ACTIVE) - Summary

2021-S90A (ACTIVE) - Sponsor Memo

2021-S90A (ACTIVE) - Bill Text download pdf

Comments