BILL NUMBER:S3400

TITLE OF BILL:

An  act  to  amend  the  agriculture  and  markets law, in relation to
limiting the ownership or possession of companion animals  by  persons
convicted of violating "Buster's Law"; and in relation to horses

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
Cruelty 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
              

aforementioned 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
Agriculture 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
Agriculture  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, intentionally 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 felony (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.

Section 5: Effective date.

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  spectator 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 meaningful 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 cruelty 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,"  Chester.  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:

2014: A.4515, Referred to Agriculture
2012: A.1520, Referred to Agriculture, Held for Consideration
2011: A.1520, Referred to Agriculture
2010: A8444, Referred to agriculture
2009: A8444, Referred to agriculture
2008: A9613, Held for consideration in agriculture

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.


EFFECTIVE DATE:

This act shall take effect 30th day.