BILL NUMBER: S385

SPONSOR: TEDISCO
 
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 Cruel-
ty 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 aforemen-
tioned 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 Agri-
culture 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 Agri-
culture 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, inten-
tionally 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 felon (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 spec-
tator 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 mean-
ingful 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 cruel-
ty 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," Ches-
ter 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:

01/09/15: S.1174 Referred to Agriculture
01/06/16: S.1174 Referred to Agriculture
01/10/17: S.1712 REFERRED TO AGRICULTURE
05/16/17: S.1712 1ST REPORT CAL.935
05/17/17: 2ND REPORT CAL.
05/22/17: ADVANCED TO THIRD READING
06/06/17: S.1712 PASSED SENATE
06/06/17: S.1712 DELIVERED TO ASSEMBLY
06/06/17: S.1712 referred to agriculture
01/03/18: S.1712 died in assembly
01/03/18: S.1712 returned to senate
01/03/18: S.1712 REFERRED TO AGRICULTURE
06/05/18: S.1712 REPORTED AND COMMITTED TO RULES
06/05/18: S.1712 COMMITTEE DISCHARGED AND COMMITTED
06/06/18: S.1712 ORDERED TO THIRD READING CAL.1533
06/06/18: S.1712 PASSED SENATE
06/06/18: S.1712 DELIVERED TO ASSEMBLY
06/06/18: S.1712 referred to agriculture
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.