S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1148--A
                                                          Cal. No. 70
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced by M. of A. ZEBROWSKI, BUTTENSCHON, ZINERMAN -- read once and
   referred  to  the Committee on Agriculture -- reported and referred to
   the Committee on Codes -- reported from committee, advanced to a third
   reading, amended and ordered reprinted, retaining  its  place  on  the
   order of third reading
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03170-02-3
 A. 1148--A                          2
 
 REACHING  THE  BITING  SURFACE WHILE TOUCHING THE GROUND, (V) A FIGHTING
 PIT, WHICH MEANS A WALLED AREA, OR OTHERWISE DEFINED AREA,  DESIGNED  TO
 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;
 A. 1148--A                          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:
 A. 1148--A                          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.