BILL NUMBER: S1259

SPONSOR: TEDISCO
 
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 Cruel-
ty to Animals.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 353-a of the agriculture and markets law is amended by adding a
new subdivision 4 to read as follows:
              

4. On and after the effective date of this subdivision, no person who is
convicted of a violation of this section shall own or possess a compan-
ion animal unless and until authorized by a court order issued by a
county court judge of his or her county of residence. No such order
shall be issued until such convicted person first demonstrates to the
court that he or she has undergone psychiatric or psychological testing,
the results of which indicate by clear and convincing evidence of his or
her capable and sound mental capacity and ability to own and properly
care for such an animal in a humane manner.

2. Subdivision 4 of section 350 of the agriculture and markets law, as
added by chapter 569 of the laws of 1995, is amended to read as follows:

4. "Farm animal", as used in this article, means any ungulate, poultry,
 species of cattle, sheep, swine, goats, llamas, horses or fur bearing
animals, as defined in section 11-1907 of the environmental conservation
law, which are raised for commercial or subsistence purposes. Fur-bear-
ing animal shall not include dogs or cats.

§ 3. Section 350 of the agriculture and markets law is amended by adding
a new subdivision 6 to read as follows:

6. "Equine companion", as used in this article, means any horse so used
for recreational pursuits, including but not limited to: racing, jump-
ing, showing, rehabilitative purposes or otherwise treated in an open
and known fashion as a "companion animal" or "pet" as defined in subdi-
vision five of this section.

 
JUSTIFICATION:

In the early 2000s, media fury surrounding Atlanta Falcon Michael Vick's
dog fighting case including allegations that he brutally executed dogs
not considered vicious or aggressive enough 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 Animal
(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," 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 from escalating

 
PRIOR LEGISLATIVE HISTORY:

02/06/15: S.3400 REFERRED TO AGRICULTURE
01/06/16: S.3400 REFERRED TO AGRICULTURE
02/02/17: S.4038 REFERRED TO AGRICULTURE
01/03/18: S.4038 REFERRED TO AGRICULTURE
01/18/19: S.2009 REFERRED TO DOMESTIC ANIMAL WELFARE
01/08/20: S.2009 REFERRED TO DOMESTIC ANIMAL WELFARE

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect on the 30th day after becoming law.