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See Summary
S T A T E O F N E W Y O R K
________________________________________________________________________
2163
2009-2010 Regular Sessions
I N A S S E M B L Y
January 15, 2009
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Introduced by M. of A. McENENY, CLARK, MILLMAN, V. LOPEZ, ORTIZ --
Multi-Sponsored by -- M. of A. COOK, CYMBROWITZ, DelMONTE, DINOWITZ,
ENGLEBRIGHT, GALEF, GLICK, JACOBS, JOHN, KOON, MARKEY, MAYERSOHN,
PHEFFER, WEISENBERG -- read once and referred to the Committee on
Agriculture
AN ACT to amend the agriculture and markets law, in relation to prohib-
iting animal wrestling and baiting
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 351 of the agriculture and markets law, as added by
2 chapter 150 of the laws of 1984, subdivision 2 as amended by chapter 190
3 of the laws of 2004 and subdivision 5 as added by chapter 308 of the
4 laws of 2008, is amended to read as follows:
5 S 351. Prohibition of animal fighting, WRESTLING OR BAITING. 1. (A)
6 For purposes of this section, the term "animal fighting" shall mean any
7 fight between cocks or other birds, or between dogs, bulls, bears or any
8 other animals[, or between any such animal and a person or persons,]
9 except in exhibitions of a kind commonly featured at rodeos.
10 (B) FOR PURPOSES OF THIS SECTION, THE TERM "WRESTLING" SHALL MEAN ANY
11 FIGHT, CONTEST OR PHYSICAL ALTERCATION BETWEEN ONE OR MORE PERSONS AND
12 ONE OR MORE ANIMALS CONDUCTED SOLELY FOR THE PURPOSE OF ENTERTAINMENT OR
13 PROFIT.
14 (C) FOR PURPOSES OF THIS SECTION, "BAITING" SHALL MEAN TO CAUSE ONE OR
15 MORE ANIMALS TO ATTACK, PROVOKE OR HARASS ANOTHER ANIMAL OR ANIMALS, OR
16 TO USE ONE OR MORE ANIMALS FOR THE PURPOSE OF TRAINING OR CAUSING AN
17 ANIMAL TO FIGHT, ATTACK, PROVOKE OR HARASS ANOTHER ANIMAL OR ANIMALS,
18 SOLELY FOR THE PURPOSE OF ENTERTAINMENT OR PROFIT.
19 (D) FOR PURPOSES OF THIS SECTION, "SURGICAL ALTERATION" OF AN ANIMAL
20 SHALL INCLUDE, BUT NOT BE LIMITED TO, DECLAWING, TOOTH REMOVAL, SEVERING
21 OF TENDONS OR ADMINISTRATION OF DRUGS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05115-01-9
A. 2163 2
1 2. Any person who engages in any of the following conduct is guilty of
2 a felony punishable by imprisonment for a period not to exceed four
3 years, or by a fine not to exceed twenty-five thousand dollars, or by
4 both such fine and imprisonment:
5 (a) For amusement or gain, causes any animal to engage in animal
6 fighting, WRESTLING OR BAITING; [or]
7 (b) Trains any animal under circumstances evincing an intent that such
8 animal engage in animal fighting, WRESTLING OR BAITING for amusement or
9 gain; [or]
10 (c) Breeds, sells [or], offers for sale, SHIPS, TRANSPORTS OR
11 PURCHASES any animal under circumstances evincing an intent that such
12 animal engage in animal fighting, WRESTLING OR BAITING; [or]
13 (d) Permits any act described in paragraph (a), (b) [or], (c), (E) OR
14 (F) of this subdivision to occur on premises under his OR HER control;
15 [or]
16 (e) Owns, possesses or keeps any animal trained to engage in animal
17 fighting, WRESTLING OR BAITING on premises where an exhibition of animal
18 fighting, WRESTLING OR BAITING is being conducted under circumstances
19 evincing an intent that such animal engage in animal fighting, WRESTLING
20 OR BAITING; OR
21 (F) SELLS, OFFERS FOR SALE, SHIPS, TRANSPORTS, PURCHASES, OWNS OR
22 POSSESSES AN ANIMAL WHICH HAS BEEN BRED OR TRAINED TO FIGHT, WRESTLE OR
23 ENGAGE IN BAITING ACTIVITY UNDER CIRCUMSTANCES EVINCING AN INTENT THAT
24 SUCH ANIMAL ENGAGE IN ANIMAL FIGHTING, WRESTLING OR BAITING.
25 3. (a) Any person who engages in conduct specified in paragraph (b),
26 (C), (D) OR (E) of this subdivision is guilty of a misdemeanor [and is]
27 punishable by imprisonment for a period not to exceed one year, or by a
28 fine [not to exceed] OF NOT LESS THAN ONE THOUSAND DOLLARS NOR MORE THAN
29 fifteen thousand dollars, or by both such fine and imprisonment.
30 (b) The owning, possessing or keeping of [any animal] ONE OR MORE
31 ANIMALS under circumstances evincing an intent that such animal engage
32 in animal fighting, WRESTLING OR BAITING;
33 (C) THE OWNING OR POSSESSING OF IMPLEMENTS WHICH ARE COMMONLY USED
34 SOLELY FOR EITHER TRAINING ANIMALS TO ENGAGE IN ANIMAL FIGHTING, WRESTL-
35 ING OR BAITING, OR DURING ANIMAL FIGHTS, WRESTLING OR BAITING;
36 (D) THE KNOWING SALE, TRANSFER, EXCHANGE OR MANUFACTURE OF IMPLEMENTS
37 COMMONLY USED SOLELY FOR EITHER TRAINING ANIMALS ENGAGED IN ANIMAL
38 FIGHTING, WRESTLING OR BAITING, OR DURING ANIMAL FIGHTS, WRESTLING OR
39 BAITING;
40 (E) THE PREPARATION OF AN ANIMAL PURSUANT TO SUBDIVISION SIX OF THIS
41 SECTION FOR THE PURPOSE OF TRAINING SUCH ANIMAL TO FIGHT, WRESTLE OR
42 ENGAGE IN BAITING, OR FOR THE PURPOSE OF CAUSING SUCH ANIMAL TO FIGHT,
43 WRESTLE OR ENGAGE IN BAITING.
44 4. (a) Any person who engages in conduct specified in paragraph (b)
45 hereof is guilty of a misdemeanor and is punishable by imprisonment for
46 a period not to exceed one year, or by a fine not to exceed one thousand
47 dollars, or by both such fine and imprisonment.
48 (b) The knowing presence as a spectator having paid an admission fee
49 or having made a wager at any place where an exhibition of animal fight-
50 ing, WRESTLING OR BAITING is being conducted.
51 5. (a) Any person who engages in the conduct specified in paragraph
52 (b) of this subdivision is guilty of a violation punishable by a fine
53 not to exceed five hundred dollars. Any person who engages in the
54 conduct specified in paragraph (b) of this subdivision after having been
55 convicted within the previous five years of a violation of this subdivi-
56 sion or subdivision four of this section is guilty of a misdemeanor and
A. 2163 3
1 is punishable by imprisonment for a period not to exceed one year, or by
2 a fine not to [exceeded] EXCEED one thousand dollars, or by both [by]
3 such fine and imprisonment.
4 (b) The knowing presence as a spectator at any place where an exhibi-
5 tion of animal fighting, WRESTLING OR BAITING is being conducted.
6 6. FOR PURPOSES OF THIS SECTION, THE FOLLOWING SHALL BE PRESUMPTIVE
7 EVIDENCE OF INTENT THAT AN ANIMAL ENGAGES IN ANIMAL FIGHTING, WRESTLING
8 OR BAITING:
9 (A) ADMINISTERING TO ANY ANIMAL HORMONES, STEROIDS OR ANY CHEMICAL
10 COMMONLY USED TO ENHANCE THE FIGHTING, WRESTLING OR BAITING ABILITY OF
11 AN ANIMAL;
12 (B) PERFORMING OR SUBJECTING A BEAR TO SURGICAL ALTERATION;
13 (C) BREEDING OR CROSSBREEDING OF COCKS OR OTHER BIRDS SOLELY FOR THE
14 PURPOSE OF ENHANCING THE FIGHTING ABILITY OF THE BIRD OR ITS OFFSPRING;
15 (D) SHAVING THE BREAST, NECK OR LOWER EXTREMITIES OF A BIRD OR BIRDS,
16 IN CONJUNCTION WITH CUTTING THE WATTLES AND COMBS, OR CLIPPING THE
17 FEATHERS, OR REMOVAL OF THE REAR TOENAIL; OR
18 (E) OWNING, POSSESSING OR KEEPING A BIRD OR BIRDS, IN CONJUNCTION WITH
19 OWNING, POSSESSING OR KEEPING OF IMPLEMENTS WHICH ARE COMMONLY USED
20 SOLELY FOR TRAINING OR FIGHTING BIRDS. SUCH IMPLEMENTS SHALL INCLUDE,
21 BUT NOT BE LIMITED TO, THE SHARP PLASTIC OR METAL SPUR DESIGNED FOR
22 ATTACHMENT TO THE FIGHTING BIRD'S LEG AND COMMONLY KNOWN AS A "GAFF" OR
23 "SLASHER", AND THE PROTECTIVE GLOVE DESIGNED FOR PLACEMENT OVER THE
24 FIGHTING BIRD'S LEG WHILE IT IS BEING TRAINED TO FIGHT.
25 7. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT
26 LAWFUL HUNTING ACTIVITIES CONDUCTED PURSUANT TO ARTICLE ELEVEN OF THE
27 ENVIRONMENTAL CONSERVATION LAW.
28 S 2. This act shall take effect immediately.
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