S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3431
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2023
                                ___________
 
 Introduced  by Sens. SKOUFIS, HELMING, HINCHEY -- read twice and ordered
   printed, and when printed to be committed to the Committee on Agricul-
   ture
 
 AN ACT to amend the agriculture and markets law, in relation to  detect-
   ing,  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
 
   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 STRETCH-
 ABLE  DEVICE,  SUSPENDED  AT  A  HEIGHT SUFFICIENT TO PREVENT A DOG FROM
 REACHING THE BITING SURFACE WHILE TOUCHING THE GROUND;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03170-01-3
              

 S. 3431                             2
 
   (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 WITH THE INTENT THAT SUCH PARAPHERNALIA BE USED TO  ENGAGE
 IN OR OTHERWISE PROMOTE OR FACILITATE ANIMAL FIGHTING; OR
   2.  IS KNOWINGLY PRESENT AS A SPECTATOR AT A PLACE WHERE AN EXHIBITION
 OF ANIMAL FIGHTING 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  WITH  THE  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 AS A SPECTATOR WHO IS KNOWINGLY PRESENT,
 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 WITH THE INTENT THAT SUCH ANIMAL ENGAGE IN  ANIMAL
 FIGHTING;
   3.  BREEDS,  TRANSFERS,  SELLS,  OR OFFERS FOR SALE AN ANIMAL WITH THE
 INTENT THAT SUCH ANIMAL ENGAGE IN ANIMAL FIGHTING;
 S. 3431                             3
 
   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 WITH  THE  INTENT  THAT
 SUCH ANIMAL ENGAGE IN ANIMAL FIGHTING.
   PROMOTING ANIMAL FIGHTING IN THE FIRST DEGREE IS A CLASS E 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 WITH THE INTENT THAT SUCH ANIMALS ENGAGE IN, OR OTHERWISE FACIL-
 ITATE, ANIMAL FIGHTING;
   3.  COMMITS THE CRIME OF PROMOTING ANIMAL FIGHTING IN THE FIRST DEGREE
 IN VIOLATION OF SUBDIVISION FOUR OF SECTION THREE HUNDRED FIFTY-ONE-B OF
 THIS ARTICLE 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-A,  THREE  HUNDRED FIFTY-ONE-B, THREE
 HUNDRED FIFTY-THREE,  THREE  HUNDRED  FIFTY-THREE-A,  OR  THREE  HUNDRED
 SIXTY-ONE OF THIS ARTICLE.
   PROMOTING  ENTERPRISE ANIMAL FIGHTING IN THE FIRST DEGREE IS A CLASS D
 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 TEN THOUSAND DOLLARS. WHEN A PERSON IS  CONVICTED
 OF AN OFFENSE DEFINED IN SECTION THREE HUNDRED FIFTY-ONE-B OF THIS ARTI-
 CLE,  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
 THOUSAND DOLLARS. WHEN A PERSON IS CONVICTED OF AN  OFFENSE  DEFINED  IN
 SECTION  THREE  HUNDRED  FIFTY-ONE-C 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 THIRTY 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.  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
 S. 3431                             4
 
 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. 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.
   §  6.  This  act shall take effect on the ninetieth day after it shall
 have become a law.