STATE OF NEW YORK
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3431--A
Cal. No. 676
2023-2024 Regular Sessions
IN SENATE
January 31, 2023
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Introduced by Sens. SKOUFIS, HELMING, HINCHEY -- read twice and ordered
printed, and when printed to be committed to the Committee on Agricul-
ture -- reported favorably from said committee, ordered to first and
second report, ordered to a third reading, amended and ordered
reprinted, retaining its place in the order of third reading
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:
1 Section 1. Section 350 of the agriculture and markets law is amended
2 by adding two new subdivisions 6 and 7 to read as follows:
3 6. "Animal fighting" means any fight between animals, or between any
4 animal and a person or persons, for amusement or gain. The term shall
5 not be construed to include exhibitions of a kind commonly featured at
6 rodeos.
7 7. "Animal fighting paraphernalia" means equipment, products, or mate-
8 rials of any kind that are used, intended for use, or designed for use
9 in the training, preparation, conditioning or furtherance of animal
10 fighting. Animal fighting paraphernalia includes:
11 (i) a breaking stick, which means a device designed for insertion
12 behind the molars of a dog for the purpose of breaking the dog's grip on
13 another animal or object;
14 (ii) a cat mill, which means a device that rotates around a central
15 support with one arm designed to secure a dog and one arm designed to
16 secure a cat, rabbit, or other small animal beyond the grasp of the dog;
17 (iii) a treadmill, which means an exercise device consisting of an
18 endless belt on which the animal walks or runs without changing places;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03170-08-3
S. 3431--A 2
1 (iv) a springpole, which means a biting surface attached to a stretch-
2 able device, suspended at a height sufficient to prevent a dog from
3 reaching the biting surface while touching the ground;
4 (v) a fighting pit, which means a walled area, or otherwise defined
5 area, designed to contain an animal fight; and
6 (vi) any other instrument commonly used in the furtherance of pitting
7 an animal against another animal.
8 § 2. Section 351 of the agriculture and markets law is REPEALED and a
9 new section 351 is added to read as follows:
10 § 351. Promoting animal fighting in the third degree. A person is
11 guilty of promoting animal fighting in the third degree when such
12 person:
13 1. Owns, possesses, sells, transfers or manufactures animal fighting
14 paraphernalia under circumstances evincing an intent that such parapher-
15 nalia be used to engage in or otherwise promote or facilitate animal
16 fighting; or
17 2. Is present at any place where an exhibition of animal fighting is
18 being conducted and such person has knowledge that such an exhibition is
19 being conducted.
20 Promoting animal fighting in the third degree is a class B misdemeanor
21 and, for purposes of paragraph (b) of subdivision one of section 160.10
22 of the criminal procedure law, shall be treated as a misdemeanor defined
23 in the penal law.
24 § 3. The agriculture and markets law is amended by adding four new
25 sections 351-a, 351-b, 351-c and 351-d to read as follows:
26 § 351-a. Promoting animal fighting in the second degree. A person is
27 guilty of promoting animal fighting in the second degree when such
28 person:
29 1. Owns, possesses, or keeps any animal under circumstances evincing
30 an intent that such animal engage in, or in any way facilitate, animal
31 fighting; or
32 2. Commits the crime of promoting animal fighting in the third degree
33 in violation of subdivision one of section three hundred fifty-one of
34 this article and has been convicted within the previous five years of a
35 violation of this section, section three hundred fifty-one, three
36 hundred fifty-one-b, three hundred fifty-three, three hundred fifty-
37 three-a, three hundred fifty-six, three hundred fifty-nine, three
38 hundred sixty-one, or three hundred sixty-six of this article; or
39 3. Commits the crime of promoting animal fighting in the third degree
40 in violation of subdivision two of section three hundred fifty-one of
41 this article, and:
42 (a) has been convicted within the previous five years of a violation
43 of this section, section three hundred fifty-one, three hundred fifty-
44 one-b, three hundred fifty-three, three hundred fifty-three-a, three
45 hundred fifty-six, three hundred fifty-nine, three hundred sixty-one, or
46 three hundred sixty-six of this article, or
47 (b) has paid an admission fee, made a wager, or otherwise actively
48 contributed, in any manner, to the exhibition of animal fighting being
49 conducted.
50 Promoting animal fighting in the second degree is a class A misdemea-
51 nor and, for purposes of paragraph (b) of subdivision one of section
52 160.10 of the criminal procedure law, shall be treated as a misdemeanor
53 defined in the penal law.
54 § 351-b. Promoting animal fighting in the first degree. A person is
55 guilty of promoting animal fighting in the first degree when such
56 person:
S. 3431--A 3
1 1. Causes an animal to engage in animal fighting;
2 2. Trains an animal under circumstances evincing an intent that such
3 animal engage in animal fighting;
4 3. Breeds, transfers, sells, or offers for sale an animal under
5 circumstances evincing an intent that such animal engage in animal
6 fighting;
7 4. Permits any act described in subdivision one, two or three of this
8 section to occur on premises under his or her control; or
9 5. Owns, possesses, harbors, or keeps any animal on premises where an
10 exhibition of animal fighting is being conducted under circumstances
11 evincing an intent that such animal engage in animal fighting.
12 Promoting animal fighting in the first degree is a class E felony.
13 § 351-c. Promoting enterprise animal fighting. A person is guilty of
14 promoting enterprise animal fighting when such person:
15 1. Commits the crime of promoting animal fighting in the first degree
16 in violation of subdivision two or three of section three hundred
17 fifty-one-b of this article and is in possession of more than six
18 animals under circumstances evincing an intent that such animals engage
19 in, or otherwise facilitate, animal fighting;
20 2. Commits the crime of promoting animal fighting in the first degree
21 in violation of section three hundred fifty-one-b of this article and
22 has been convicted, within the previous five years, of a violation of
23 section three hundred fifty-one-a, three hundred fifty-one-b, three
24 hundred fifty-three, three hundred fifty-three-a, or three hundred
25 sixty-one of this article.
26 Promoting enterprise animal fighting in the first degree is a class D
27 felony.
28 § 351-d. Authorized dispositions; promoting animal fighting. When a
29 person is convicted of an offense defined in subdivision one of section
30 three hundred fifty-one-a of this article, in addition to the penalties
31 provided in section three hundred seventy-four of this article and those
32 provided in the other laws of this state, the court may impose a fine
33 which shall not exceed fifteen thousand dollars. When a person is
34 convicted of an offense defined in section three hundred fifty-one-b of
35 this article, in addition to the penalties provided in section three
36 hundred seventy-four of this article and those provided in the other
37 laws of this state, the court may impose a fine which shall not exceed
38 twenty-five thousand dollars. When a person is convicted of an offense
39 defined in section three hundred fifty-one-c of this article, in addi-
40 tion to the penalties provided in section three hundred seventy-four of
41 this article and those provided in the other laws of this state, the
42 court may impose a fine which shall not exceed thirty-five thousand
43 dollars.
44 § 4. Paragraph a of subdivision 8 of section 374 of the agriculture
45 and markets law, as amended by chapter 594 of the laws of 2003, such
46 subdivision as renumbered by chapter 479 of the laws of 2009, is amended
47 to read as follows:
48 a. In addition to any other penalty provided by law, upon conviction
49 for any violation of section three hundred fifty-one, three hundred
50 fifty-one-a, three hundred fifty-one-b, three hundred fifty-one-c, three
51 hundred fifty-three, three hundred fifty-three-a, three hundred fifty-
52 three-b, three hundred fifty-five, three hundred fifty-six, three
53 hundred fifty-nine, three hundred sixty, three hundred sixty-one, three
54 hundred sixty-five or three hundred sixty-eight of this article, the
55 convicted person may, after a duly held hearing pursuant to paragraph f
56 of this subdivision, be ordered by the court to forfeit, to a duly
S. 3431--A 4
1 incorporated society for the prevention of cruelty to animals or a duly
2 incorporated humane society or authorized agents thereof, the animal or
3 animals which are the basis of the conviction. Upon such an order of
4 forfeiture, the convicted person shall be deemed to have relinquished
5 all rights to the animals which are the basis of the conviction, except
6 those granted in paragraph d of this subdivision.
7 § 5. Severability clause. If any clause, sentence, paragraph, subdivi-
8 sion, section or part of this act shall be adjudged by any court of
9 competent jurisdiction to be invalid, such judgment shall not affect,
10 impair, or invalidate the remainder thereof, but shall be confined in
11 its operation to the clause, sentence, paragraph, subdivision, section
12 or part thereof directly involved in the controversy in which such judg-
13 ment shall have been rendered. It is hereby declared to be the intent of
14 the legislature that this act would have been enacted even if such
15 invalid provisions had not been included herein.
16 § 6. This act shall take effect on the ninetieth day after it shall
17 have become a law.
