BILL NUMBER: S8471REVISED 2/2/2024

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the penal law, in relation to adding animal fighting to
the definition of "criminal activity" for purposes of enterprise
corruption crimes

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill will include animal fighting as a designated criminal act
under the Penal Law's Article 460 Enterprise Corruption statute and
thereby provide sentencing enhancements for certain animal fighting
offenses.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends paragraph (b) of subdivision 1 of section 460.10 of
the penal law to include any felony committed pursuant to section three
hundred fifty-one of the agriculture and markets law relating to animal
fighting within the Enterprise Corruption statute's definition of "crim-
              

inal act" to effectuate the purposes of this legislation.

Section 2: Establishes the effective date.

 
JUSTIFICATION:

Though all levels of government continue efforts to prevent and prose-
cute animal fighting, blood sports still thrive in every part of New
York State. The act is not only a horrific experience for animals forced
to fight to a violent death, but it often increases the number of drugs
and illegal weapons available on the street through illicit trafficking
enterprises taking place concurrently on site.

The most recent example (Long Island, 2021) revealed a highly sophisti-
cated, diversified network of organized dog fighters who ranged widely
in age, ethnicity and geographic location who were arrested as a result
of their key roles in the largest dogfighting ring in Suffolk County
history. This interstate operation extended from Long Island to New York
City, Connecticut and Massachusetts, with detectives infiltrating the
ring to bring it down from the inside.

Here, the public was reminded once again of the criminal underground
world of breeding, training, transporting, and fighting dogs for amuse-
ment or gain, and the significant money that surrounds this blood sport,
from the value of grand champion and champion dogs and their descend-
ants, to the substantial amounts of prize money and sports betting that
occurs in connection with dog fighting. A Special Grand Jury heard
evidence of how these perpetrators use online forums that cross state
lines to advertise animal breeding and training for organized dog fight-
ing, as well as solicit matches and engage in sports betting.

The current Agriculture and Markets Law statute that criminalizes animal
fighting provides limited penalties for many who have been part of this
clandestine network of organized dog fighters for decades. For those
offenders who have been charged with Agriculture and Markets Law
offenses, they often resolve the criminal case by paying monetary fines,
which is considered by many as simply the price of doing business. In
2017, the NYS Legislature amended § 700.05 of the Criminal Procedure Law
to recognize animal fighting as a designated offense eligible for court-
ordered eavesdropping. This amendment recognizes the seriousness and
potential complexity of the crime, thereby permitting such conduct to be
intercepted over wiretaps.  Based on the serious threat posed to the
safety of animals and the community by organized animal fighting rings -
and the complex structure and substantial revenue earned by these ille-
gal operations - the Special Grand Jury in the above case recommended
that organized criminal schemes relating to organized animal fighting be
subject to punishment commensurate with.the severity of the criminal
conduct.  However, at present in the Penal Law, and as charged in the
indictments, participation in an organized scheme to engage in animal
fighting only constitutes a class A misdemeanor, chargeable under
Conspiracy in the Fifth Degree, pursuant to PL § 105.05(1).

Therefore, in light of the serious nature of the organized criminal
activity involved in animal fighting networks, this bill would authorize
animal fighting rings to be chargeable under Article 460 of the Penal
Law, specifically amending Section 460.10 - which defines "criminal
acts" that may be the basis for an enterprise corruption prosecution to
include the felony violations prohibiting of animal fighting under AGM §
351(2).

Criminal acts listed in the Enterprise Corruption statute already
include such crimes as murder, assault, weapon and narcotics possession,
larceny, gambling, forgery and possession of false instruments. The
addition of felony prohibition of animal fighting to the definition of
"criminal act" in PL § 460.10 would allow for offenders to be charged
with Enterprise Corruption, a class B felony offense carrying substan-
tial potential punishment, if they are active participants in a criminal
enterprise that is formed in part to facilitate and profit from animal
fighting. These potential punishments are appropriate and justifiable
based on the brutal nature of such animal cruelty offenses, and the need
for a deterrent effect in combating the extremely profitable, yet harm-
ful and dangerous, enterprise of operating an animal fighting business.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.