S T A T E O F N E W Y O R K
________________________________________________________________________
90
2021-2022 Regular Sessions
I N S E N A T E
(PREFILED)
January 6, 2021
___________
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.
LBD01195-01-1
S. 90 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 Section 351 of the agriculture and markets law is REPEALED and a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;
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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:
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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.