BILL NUMBER: S3158

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the penal law, in relation to adding animal fighting to
the definition of "criminal activity" for purposes of enterprise
corruption crimes

 
PURPOSE:

This bill will include animal fighting as a designated criminal act
under the Penal Law's Article 460 Enterprise Corruption statute and
thereby providing sentencing enhancements for certain animal fighting
offenses.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends paragraph (b) of subdivision 1 of section 460.10 of
the penal law to include any felony committed pursuant to section three
hundred fifty-one of the agriculture and markets laws relating to animal
fighting within the Enterprise Corruption statute's definition of a
              

"criminal act" to effectuate the purposes of this legislation.

Section 2: Sets Effective Date.

 
JUSTIFICATION:

Though all levels of government continue efforts to prevent and prose-
cute animal fighting, blood sports still thrive in every part of New
York State. The act is not only a horrific experience for animals forced
to fight to a violent death, but it often increases the number of drugs
and illegal weapons available on the street through illicit trafficking
enterprises taking place concurrently on-site.

The most recent example (Long Island, 2021) revealed a highly sophisti-
cated, diversified network of organized dog fighters ranging widely in
age, ethnicity, and geographic location who were arrested for their key
roles in the largest dogfighting ring in Suffolk County history. This
interstate operation extended from Long Island to New York City, Connec-
ticut, and Massachusetts, with detectives infiltrating the ring to bring
it down from the inside.

Here, the public was reminded once again of the criminal underground
world of breeding, training, transporting, and fighting dogs for amuse-
ment or gain, and the significant money that surrounds this blood sport,
from the value of grand champion and champion dogs and their descendants
to the substantial amounts of prize money and sports betting that occurs
in connection with dog fighting. A Special Grand Jury heard evidence of
how these perpetrators use online forums that cross state lines to
advertise animal breeding and training for organized dog fighting, as
well as solicit matches and engage in sports betting.

The current Agriculture and Markets Law statute that criminalizes animal
fighting provides limited penalties for many who have been part of this
a clandestine network of organized dog fighters for decades. For those
offenders who have been charged with Agriculture and Markets Law
offenses, they often resolve the criminal case by paying monetary fines,
which is considered by many as simply the price of doing business.
In 2017, the NYS Legislature amended § 700.05 of the Criminal Procedure.
Law to recognize animal fighting as a designated offense eligible for
court-ordered eavesdropping. This amendment recognizes the seriousness
and potential complexity of the crime, thereby permitting such conduct
to be intercepted over wiretaps. Based on the serious threat posed to
the safety of animals and the community by organized animal fighting
rings - and the complex structure and substantial revenue earned by
these illegal operations - the Special Grand Jury in the above case
recommended that organized criminal schemes relating to organized animal
fighting be subject to punishment commensurate with. The severity of the
criminal conduct.  However, at present in the Penal Law, and as charged
in the indictments, participation in an organized scheme to engage in
animal fighting only constitutes a class A misdemeanor, chargeable under
Conspiracy in the Fifth Degree, pursuant to PL § 105.05(1).

Therefore, in light of the serious nature of the organized criminal
activity involved in animal fighting networks, this bill would authorize
animal fighting rings are to be chargeable under Article 460 of the
Penal Law, specifically amending Section 460.10 - which defines "crimi-
nal acts" that may be the basis for an enterprise corruption prosecution
to include the felony violations prohibiting of animal fighting under
AGM § 351(2).

Criminal acts listed in the Enterprise Corruption statute already
include such crimes as murder, assault, weapon and narcotics possession,
larceny, gambling, forgery, and possession of false instruments. The
addition of the felony prohibition of animal fighting to the definition
of "criminal act" in PL § 460.10 would allow offenders to be charged
with Enterprise Corruption, a class B felony offense carrying substan-
tial potential punishment if they are active participants in a criminal
enterprise formed to facilitate and profit from animal fighting. These
potential punishments are appropriate and justifiable based on the
brutal nature of such animal cruelty offenses and the need for a deter-
rent effect in combating the extremely profitable yet harmful and
dangerous enterprise of operating an animal fighting business.

 
PRIOR LEGISLATIVE HISTORY:

Senate

2023: N/A

2024: S8471, Passed Senate

Assembly

2023: N/A

2024: A7303, Referred to Codes

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law