BILL NUMBER:S1174

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 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 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:  2012: A.1520; held for consideration in
agriculture 2012: A.1520; referred to agriculture 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 immediately.