NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A696a
SPONSOR: Zebrowski TITLE OF BILL:
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
PURPOSE OF THE BILL:
This bill seeks to clarify and enhance the animal crimes laws of New
York State as they pertain to animal fighting. It does so by introducing
anew felony level offense for enterprise animal fighting, consolidating
definitions, stratifying levels of offense, altering penalty classifica-
tions, and harmonizing provisions with the criminal procedure law and
the penal law.
SUMMARY OF PROVISIONS:
Section one of the bill of this bill transfers the pre-existing defi-
nitions of "animal fighting" and "animal fighting paraphernalia" out of
section 351 and into section 350 of the agriculture and markets law.
Section two of this bill repeals the existing section 351 in its entire-
ty and creates a new section of Promoting Animal Fighting in the Third
Degree. The proposed section 351 contains vestiges of the existing
subdivisions (6) and (5) of section 351. Both offenses remain class B
misdemeanors despite the transfer; however, with the addition of
language that harmonizes these class B misdemeanors with penal law
misdemeanors, violators are subjected to the taking of finger-palm-
prints, and mugshots (as with any penal law misdemeanor).
Section three of this bill creates the new crime of Promoting Animal
Fighting in the Second Degree, which, in turn,,derives its passages from
the existing subdivisions (3) and (4) of section 351. Substantive
changes to those passages are as follows: (1) the proposed 351-a(1)
includes language of "facilitation" of animal fighting, which thusly now
includes "bait animals"; (2) the proposed 351-a(2) and 351-a(3) (a)
predicate higher penalties on a broader classification of animal crimes
offenses, rather than limiting the higher penalty thresholds to a strict
re-offense of a specific clause of the statute; (3) violation of the
offense now allows for the taking of fingerprints, palmprints, and
mugshot at the time of arrest processing.
The bill creates the new crime of Promoting Animal Fighting in the First
Degree, which, in turn, derives its passages from the existing subdivi-
sion (2) of section 351. The passages are for the most part transferred
without substantive modification, except that the inclusion of the word
"transfers" in the language of the proposed 351-b(3) allows for criminal
liability without proof of an actual exchange of assets. The penalty for
violation of these provisions is a class E felony.
The bill creates the new crime of Promoting Enterprise Animal Fighting,
which serves to elevate the penalty for highly-organized criminal fight-
ing ventures. In order to violate this statute, an offender must (a) be
a participant in a "continuous exhibition of animal fighting that
includes more than two animals in successive acts of animal fighting,"
(b) be in possession of "more than six animals under circumstances
evincing an intent that such animals engage in or otherwise facilitate,
animal fighting," (c) host a "continuous exhibition of animal fighting
that includes more than two -animals in successive acts of animal fight-
ing," or (d) repeatedly offend the provisions protecting animals from
cruelty. The penalty for Promoting Enterprise Animal Fighting is a class
D felony.
Section eight of this bill truncates and transplants the authorized
sentencing provisions of the existing section 351 into a separate stat-
ute as well as adds an opposite sentencing range for the newly created
offense of Promoting Enterprise Animal Fighting.
Section four of this bill conforms the special sentencing provisions of
section 374 to the aforesaid statutory changes.
Section five of this bill consists of a severability clause. Section six
of this bill consists of its effective date.
JUSTIFICATION:
This bill will dramatically impact the state's enforcement of animal
fighting, most notably dog- and cock-fighting. According to some esti-
mates, dogfighting is a billion-dollar underground economy - just in the
United States, Some studies put the United States' share of this enter-
prise at a full third of the global dogfighting economy. Money is not
only made by abhorrent wagers on the outcomes of fights, but also
through the illicit breeding, marketing, trading, and sale of dogs.
Professional fighters will market the bloodlines of their winners, make
money off of forced breeding sessions (whether successful or not), and
sell litters as fast as they can be produced. The underground industry
is such that, besides the fighters, there are individuals who specialize
as "promoters" of fights, as breeders, as trainers, and as sellers.
Because the activity must go undetected, there is also a strong subver-
sive demand for medications, specialized equipment, veterinary services,
and "dark web" communication platforms (unregistered internet sites,
invisible to public view). Another awful truth of this already-atro-
cious enterprise is that fighters will sometimes steal animals from
their surrounding community small dogs or cats - to use for bai t or
training for their kennels. Due to the financial benefits of this enter-
prise, animal fighting often serves as an underground economy for
narcotics and weapons traffickers.
The current laws in effect for combating animal fighting are insuffi-
cient to deter perpetrators from the possible financial benefits of
participation. In Nassau County, an individual was recently captured and
convicted for a fourth dogfighting offense in 16 years. Indeed, in the
most recent case, he was rearrested on new animal fighting charges while
on parole for only one month following release from his last felony
conviction. His sentencing exposure for the most recent arrest remained
capped at 1 and 1/3 to 4 years' incarceration, with early release eligi-
bility much sooner than the full term. The concept that highly organ-
ized, underground criminal enterprises, no matter how sophisticated or
connected with other illegal enterprises, can only be ptnished at a
class E felony level is inherently faulty. Equally faulty is the concept
that current misdemeanor animal fighting charges do not allow for the
capture of fingerprints, palmprints, or mugshots upon arrest.
As animal fighting is almost always multiple animals being abused simul-
taneously, the sentencing and penalty structure should‘be modified to
take. this "exponential" aspect into account. This bill recognizes the
seriousness and pervasiveness of the underground world of animal fight-
ing, its financial appeal, its associated crimes, and its weak enforce-
ment, and moves to correct it with measured and reasonable levels of
criminal liability.
LEGISLATIVE HISTORY:
A7727 of 2019-20
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become law.
STATE OF NEW YORK
________________________________________________________________________
696--A
2021-2022 Regular Sessions
IN ASSEMBLY(Prefiled)
January 6, 2021
___________
Introduced by M. of A. ZEBROWSKI -- read once and referred to the
Committee on Agriculture -- recommitted to the Committee on Agricul-
ture in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
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.
LBD01195-04-2
A. 696--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 with the intent that such paraphernalia be used to engage
15 in or otherwise promote or facilitate animal fighting; or
16 2. Is knowingly present as a spectator at a place where an exhibition
17 of animal fighting is being conducted.
18 Promoting animal fighting in the third degree is a class B misdemeanor
19 and, for purposes of paragraph (b) of subdivision one of section 160.10
20 of the criminal procedure law, shall be treated as a misdemeanor defined
21 in the penal law.
22 § 3. The agriculture and markets law is amended by adding four new
23 sections 351-a, 351-b, 351-c and 351-d to read as follows:
24 § 351-a. Promoting animal fighting in the second degree. A person is
25 guilty of promoting animal fighting in the second degree when such
26 person:
27 1. Owns, possesses, or keeps any animal with the intent that such
28 animal engage in, or in any way facilitate, animal fighting; or
29 2. Commits the crime of promoting animal fighting in the third degree
30 in violation of subdivision one of section three hundred fifty-one of
31 this article and has been convicted within the previous five years of a
32 violation of this section, section three hundred fifty-one, three
33 hundred fifty-one-b, three hundred fifty-three, three hundred fifty-
34 three-a, three hundred fifty-six, three hundred fifty-nine, three
35 hundred sixty-one, or three hundred sixty-six of this article; or
36 3. Commits the crime of promoting animal fighting in the third degree
37 in violation of subdivision two of section three hundred fifty-one of
38 this article, and:
39 (a) has been convicted within the previous five years of a violation
40 of this section, section three hundred fifty-one, three hundred fifty-
41 one-b, three hundred fifty-three, three hundred fifty-three-a, three
42 hundred fifty-six, three hundred fifty-nine, three hundred sixty-one, or
43 three hundred sixty-six of this article, or
44 (b) has paid an admission fee as a spectator who is knowingly present,
45 made a wager, or otherwise actively contributed, in any manner, to the
46 exhibition of animal fighting being conducted.
47 Promoting animal fighting in the second degree is a class A misdemea-
48 nor and, for purposes of paragraph (b) of subdivision one of section
49 160.10 of the criminal procedure law, shall be treated as a misdemeanor
50 defined in the penal law.
51 § 351-b. Promoting animal fighting in the first degree. A person is
52 guilty of promoting animal fighting in the first degree when such
53 person:
54 1. Causes an animal to engage in animal fighting;
55 2. Trains an animal with the intent that such animal engage in animal
56 fighting;
A. 696--A 3
1 3. Breeds, transfers, sells, or offers for sale an animal with the
2 intent that such animal engage in animal fighting;
3 4. Permits any act described in subdivision one, two or three of this
4 section to occur on premises under his or her control; or
5 5. Owns, possesses, harbors, or keeps any animal on premises where an
6 exhibition of animal fighting is being conducted with the intent that
7 such animal engage in animal fighting.
8 Promoting animal fighting in the first degree is a class E felony.
9 § 351-c. Promoting enterprise animal fighting. A person is guilty of
10 promoting enterprise animal fighting when such person:
11 1. Commits the crime of promoting animal fighting in the first degree
12 in violation of subdivision one of section three hundred fifty-one-b of
13 this article as part of, during, or in connection with a continuous
14 exhibition of animal fighting that includes more than two animals in
15 successive acts of animal fighting;
16 2. Commits the crime of promoting animal fighting in the first degree
17 in violation of subdivision two or three of section three hundred
18 fifty-one-b of this article and is in possession of more than six
19 animals with the intent that such animals engage in, or otherwise facil-
20 itate, animal fighting;
21 3. Commits the crime of promoting animal fighting in the first degree
22 in violation of subdivision four of section three hundred fifty-one-b of
23 this article where such act is a continuous exhibition of animal fight-
24 ing that includes more than two animals in successive acts of animal
25 fighting; or
26 4. Commits the crime of promoting animal fighting in the first degree
27 in violation of section three hundred fifty-one-b of this article and
28 has been convicted, within the previous five years, of a violation of
29 section three hundred fifty-one-a, three hundred fifty-one-b, three
30 hundred fifty-three, three hundred fifty-three-a, or three hundred
31 sixty-one of this article.
32 Promoting enterprise animal fighting in the first degree is a class D
33 felony.
34 § 351-d. Authorized dispositions; promoting animal fighting. When a
35 person is convicted of an offense defined in subdivision one of section
36 three hundred fifty-one-a of this article, in addition to the penalties
37 provided in section three hundred seventy-four of this article and those
38 provided in the other laws of this state, the court may impose a fine
39 which shall not exceed ten thousand dollars. When a person is convicted
40 of an offense defined in section three hundred fifty-one-b of this arti-
41 cle, in addition to the penalties provided in section three hundred
42 seventy-four of this article and those provided in the other laws of
43 this state, the court may impose a fine which shall not exceed twenty
44 thousand dollars. When a person is convicted of an offense defined in
45 section three hundred fifty-one-c of this article, in addition to the
46 penalties provided in section three hundred seventy-four of this article
47 and those provided in the other laws of this state, the court may impose
48 a fine which shall not exceed thirty thousand dollars.
49 § 4. Paragraph a of subdivision 8 of section 374 of the agriculture
50 and markets law, as amended by chapter 594 of the laws of 2003 and
51 subdivision 8 as renumbered by chapter 479 of the laws of 2009, is
52 amended to read as follows:
53 a. In addition to any other penalty provided by law, upon conviction
54 for any violation of section three hundred fifty-one, three hundred
55 fifty-one-a, three hundred fifty-one-b, three hundred fifty-one-c, three
56 hundred fifty-three, three hundred fifty-three-a, three hundred fifty-
A. 696--A 4
1 three-b, three hundred fifty-five, three hundred fifty-six, three
2 hundred fifty-nine, three hundred sixty, three hundred sixty-one, three
3 hundred sixty-five or three hundred sixty-eight of this article, the
4 convicted person may, after a duly held hearing pursuant to paragraph f
5 of this subdivision, be ordered by the court to forfeit, to a duly
6 incorporated society for the prevention of cruelty to animals or a duly
7 incorporated humane society or authorized agents thereof, the animal or
8 animals which are the basis of the conviction. Upon such an order of
9 forfeiture, the convicted person shall be deemed to have relinquished
10 all rights to the animals which are the basis of the conviction, except
11 those granted in paragraph d of this subdivision.
12 § 5. Severability clause. If any clause, sentence, paragraph, subdivi-
13 sion, section or part of this act shall be adjudged by any court of
14 competent jurisdiction to be invalid, such judgment shall not affect,
15 impair, or invalidate the remainder thereof, but shall be confined in
16 its operation to the clause, sentence, paragraph, subdivision, section
17 or part thereof directly involved in the controversy in which such judg-
18 ment shall have been rendered. It is hereby declared to be the intent of
19 the legislature that this act would have been enacted even if such
20 invalid provisions had not been included herein.
21 § 6. This act shall take effect on the ninetieth day after it shall
22 have become a law.
