NY State Senate Bill 2017-S251

Senate Bill S251

2017-2018 Legislative Session

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

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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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to agriculture
Jan 04, 2017	referred to agriculture

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2017-S251 (ACTIVE) - Details

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; amd §70.06, Pen L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S8199
2019-2020: S94
2021-2022: S90
2023-2024: S3431

2017-S251 (ACTIVE) - Summary

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

2017-S251 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S251

 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
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 classifications, 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 felonies, 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 definition 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 fingerprints, 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 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.

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-organized 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 otherwise 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
statute 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, pursuant 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
estimates, dogfighting is a billion-dollar underground economy - just
in the United States. Some studies put the United States' share of
this enterprise 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 subversive 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-atrocious 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
insufficient 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 eligibility much sooner than the
full term. The concept that highly organized, 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 :

S.8199 of 2016 - Rules Committee

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
90 days after enactment.

2017-S251 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    251
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 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.
                                                            LBD03972-01-7

 S. 251                              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. 251                              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. 251                              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.

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Senate Bill S251

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