NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A696
SPONSOR: Zebrowski TITLE OF BILL:
An act to amend the agriculture and markets law and the penal law, in
relation to detecting, disrupting and dismantling violent enterprise
animal cruelty and appropriately punishing individuals associated with
such enterprise cruelty; and to repeal certain provisions of the agri-
culture and markets law relating thereto
PURPOSE:
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:
The bill predominately dissects and modifies the existing. section 351
of the agriculture and markets law, which currently houses the various
level offenses which pertain to animal Fights. As it currently stands,
section 351 contains a definitions section as well as proscribed conduct
sections. Unlike other modern criminal law statutes, the one section
houses multiple classifications of crime: including unclassified felo-
nies, unclassified misdemeanors, and class B misdemeanors.
Section three of this bill transfers the pre-existing definitions of
"animal fighting" and "animal fighting paraphernalia" out of section 351
and into section 350 of the agriculture and markets law (section 350 is
the "definitions" section for the overarching article). The definition
of "animal fighting paraphernalia" is substantively unchanged. The defi-
nition of "animal fighting" is streamlined but possesses no change of
legal import.
section four of this bill repeals the existing section 351 in its
entirety and breaks it into three successive criminal statutes
(proposed sections 351 (Promoting Animal Fighting in the Third Degree),
351-a Promoting Animal Fighting in the Second Degree), and 351-b
(Promoting Animal Fighting- in the First Degree)). The proposed section
351 contains vestiges of the existing subdivisions (6) and (5) of
section 351. Specifically, section 351(6)(a), which pertains to animal
fighting paraphernalia, serves as the foundation for the proposed
section 351(1). Sec':ion 351(5)(b), which pertains to the knowing
attendance of an animal ;sight, serves as the foundation for the
proposed section. 351(2). 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-palmprints, and mugshots
(as with any penal law misdemeanor). The proposed section 351(1) also
replaces the concept of "intentional" possession, which is virtually
unique among possession-based crimes, with language that harmonizes the
level of proof to other existing passages of section 351 (most notably
as they relate to possession of animals themselves).
Section five 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.
Section six of this bill creates the new crime of Promoting Animal
Fighting in the First Degree, which, in turn, derives its passages from
the existing subdivision (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
also upgraded from an unclassified felony (which otherwise functions as
a class E felony) to a class D felony.
Section seven of this bill creates the new crime of Promoting Enterprise
Animal Fighting, which serves to elevate the penalty for highly-organ-
ized criminal fighting 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 other-
wise facilitate, animal fighting," (c) host a "continuous exhibition of
animal fighting that includes more than two -animals in successive acts
of animal fighting," or (d) repeatedly offend the provisions protecting
animals from cruelty.
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 nine of this bill conforms the special sentencing provisions of
section 374 to the aforesaid statutory changes.
Section ten of this bill eliminates a bizarre loophole in the penal law
whereby a repeat felony offender of the animal cruelty provisions cannot
be eligible for second felony offender status. It is noted that, pursu-
ant to section 70.70 of the penal law, a third-time offender of the
animal cruelty provisions can be eligible for persistent felony offender
status.
Section eleven of this bill consists of a severability clause. Section
twelve 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 bait 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
c(:nviction. 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 punished 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
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
AN ACT to amend the agriculture and markets law and the penal law, in
relation to detecting, disrupting and dismantling violent enterprise
animal cruelty and appropriately punishing individuals associated with
such enterprise cruelty; and to repeal certain provisions of the agri-
culture 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 (i) a breaking stick,
11 which means a device designed for insertion behind the molars of a dog
12 for the purpose of breaking the dog's grip on another animal or object,
13 (ii) a cat mill, which means a device that rotates around a central
14 support with one arm designed to secure a dog and one arm designed to
15 secure a cat, rabbit, or other small animal beyond the grasp of the dog,
16 (iii) a treadmill, which means an exercise device consisting of an
17 endless belt on which the animal walks or runs without changing places,
18 (iv) a springpole, which means a biting surface attached to a stretcha-
19 ble device, suspended at a height sufficient to prevent a dog from
20 reaching the biting surface while touching the ground, (v) a fighting
21 pit, which means a walled area, or otherwise defined area, designed to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01195-01-1
A. 696 2
1 contain an animal fight, and (vi) any other instrument commonly used in
2 the furtherance of pitting an animal against another animal.
3 § 2. Section 351 of the agriculture and markets law is REPEALED and a
4 new section 351 is added to read as follows:
5 § 351. Promoting animal fighting in the third degree. A person is
6 guilty of promoting animal fighting in the third degree when such
7 person:
8 1. Owns, possesses, sells, transfers or manufactures animal fighting
9 paraphernalia under circumstances evincing an intent that such parapher-
10 nalia be used to engage in or otherwise promote or facilitate animal
11 fighting; or
12 2. Is present at any place where an exhibition of animal fighting is
13 being conducted and such person has knowledge that such an exhibition is
14 being conducted.
15 Promoting animal fighting in the third degree is a class B misdemeanor
16 and, for purposes of paragraph (b) of subdivision one of section 160.10
17 of the criminal procedure law, shall be treated as a misdemeanor defined
18 in the penal law.
19 § 3. The agriculture and markets law is amended by adding four new
20 sections 351-a, 351-b, 351-c and 351-d to read as follows:
21 § 351-a. Promoting animal fighting in the second degree. A person is
22 guilty of promoting animal fighting in the second degree when such
23 person:
24 1. Owns, possesses, or keeps any animal under circumstances evincing
25 an intent that such animal engage in, or in any way facilitate, animal
26 fighting; or
27 2. Commits the crime of promoting animal fighting in the third degree
28 in violation of subdivision one of section three hundred fifty-one of
29 this article and has been convicted within the previous five years of a
30 violation of this section, section three hundred fifty-one, three
31 hundred fifty-one-b, three hundred fifty-three, three hundred fifty-
32 three-a, three hundred fifty-six, three hundred fifty-nine, three
33 hundred sixty-one, or three hundred sixty-six of this article; or
34 3. Commits the crime of promoting animal fighting in the third degree
35 in violation of subdivision two of section three hundred fifty-one of
36 this article, and:
37 (a) has been convicted within the previous five years of a violation
38 of this section, section three hundred fifty-one, three hundred fifty-
39 one-b, three hundred fifty-three, three hundred fifty-three-a, three
40 hundred fifty-six, three hundred fifty-nine, three hundred sixty-one, or
41 three hundred sixty-six of this article, or
42 (b) has paid an admission fee, made a wager, or otherwise actively
43 contributed, in any manner, to the exhibition of animal fighting being
44 conducted.
45 Promoting animal fighting in the second degree is a class A misdemea-
46 nor and, for purposes of paragraph (b) of subdivision one of section
47 160.10 of the criminal procedure law, shall be treated as a misdemeanor
48 defined in the penal law.
49 § 351-b. Promoting animal fighting in the first degree. A person is
50 guilty of promoting animal fighting in the first degree when such
51 person:
52 1. Causes an animal to engage in animal fighting;
53 2. Trains an animal under circumstances evincing an intent that such
54 animal engage in animal fighting;
A. 696 3
1 3. Breeds, transfers, sells, or offers for sale an animal under
2 circumstances evincing an intent that such animal engage in animal
3 fighting;
4 4. Permits any act described in subdivision one, two or three of this
5 section to occur on premises under his or her control; or
6 5. Owns, possesses, harbors, or keeps any animal on premises where an
7 exhibition of animal fighting is being conducted under circumstances
8 evincing an intent that such animal engage in animal fighting.
9 Promoting animal fighting in the first degree is a class D felony.
10 § 351-c. Promoting enterprise animal fighting. A person is guilty of
11 promoting enterprise animal fighting when such person:
12 1. Commits the crime of promoting animal fighting in the first degree
13 in violation of subdivision one of section three hundred fifty-one-b of
14 this article as part of, during, or in connection with a continuous
15 exhibition of animal fighting that includes more than two animals in
16 successive acts of animal fighting;
17 2. Commits the crime of promoting animal fighting in the first degree
18 in violation of subdivision two or three of section three hundred
19 fifty-one-b of this article and is in possession of more than six
20 animals under circumstances evincing an intent that such animals engage
21 in, or otherwise facilitate, animal fighting;
22 3. Permits an act described in subdivision one of section three
23 hundred fifty-one-b of this article to occur on premises under his or
24 her control, where such act is a continuous exhibition of animal fight-
25 ing that includes more than two animals in successive acts of animal
26 fighting; or
27 4. Commits the crime of promoting animal fighting in the first degree
28 in violation of section three hundred fifty-one-b of this article and
29 has been convicted, within the previous five years, of a violation of
30 section three hundred fifty-one, three hundred fifty-one-a, three
31 hundred fifty-one-b, three hundred fifty-three, three hundred fifty-
32 three-a, three hundred fifty-six, three hundred fifty-nine, three
33 hundred sixty-one, or three hundred sixty-six of this article.
34 Promoting enterprise animal fighting in the first degree is a class C
35 felony.
36 § 351-d. Authorized dispositions; promoting animal fighting. When a
37 person is convicted of an offense defined in subdivision one of section
38 three hundred fifty-one-a of this article, in addition to the penalties
39 provided in section three hundred seventy-four of this article and those
40 provided in the other laws of this state, the court may impose a fine
41 which shall not exceed fifteen thousand dollars. When a person is
42 convicted of an offense defined in section three hundred fifty-one-b of
43 this article, in addition to the penalties provided in section three
44 hundred seventy-four of this article and those provided in the other
45 laws of this state, the court may impose a fine which shall not exceed
46 twenty-five thousand dollars. When a person is convicted of an offense
47 defined in section three hundred fifty-one-c of this article, in addi-
48 tion to the penalties provided in section three hundred seventy-four of
49 this article and those provided in the other laws of this state, the
50 court may impose a fine which shall not exceed thirty-five thousand
51 dollars.
52 § 4. Paragraph a of subdivision 8 of section 374 of the agriculture
53 and markets law, as amended by chapter 594 of the laws of 2003 and
54 subdivision 8 as renumbered by chapter 479 of the laws of 2009, is
55 amended to read as follows:
A. 696 4
1 a. In addition to any other penalty provided by law, upon conviction
2 for any violation of section three hundred fifty-one, three hundred
3 fifty-one-a, three hundred fifty-one-b, three hundred fifty-one-c, three
4 hundred fifty-three, three hundred fifty-three-a, three hundred fifty-
5 three-b, three hundred fifty-five, three hundred fifty-six, three
6 hundred fifty-nine, three hundred sixty, three hundred sixty-one, three
7 hundred sixty-five or three hundred sixty-eight of this article, the
8 convicted person may, after a duly held hearing pursuant to paragraph f
9 of this subdivision, be ordered by the court to forfeit, to a duly
10 incorporated society for the prevention of cruelty to animals or a duly
11 incorporated humane society or authorized agents thereof, the animal or
12 animals which are the basis of the conviction. Upon such an order of
13 forfeiture, the convicted person shall be deemed to have relinquished
14 all rights to the animals which are the basis of the conviction, except
15 those granted in paragraph d of this subdivision.
16 § 5. Paragraph (a) of subdivision 1 of section 70.06 of the penal law,
17 as amended by chapter 410 of the laws of 1979, is amended to read as
18 follows:
19 (a) A second felony offender is a person, other than a second violent
20 felony offender as defined in section 70.04, who stands convicted of a
21 felony [defined in this chapter], other than a class A-I felony, after
22 having previously been subjected to one or more predicate felony
23 convictions as defined in paragraph (b) of this subdivision.
24 § 6. Severability clause. If any clause, sentence, paragraph, subdivi-
25 sion, section or part of this act shall be adjudged by any court of
26 competent jurisdiction to be invalid, such judgment shall not affect,
27 impair, or invalidate the remainder thereof, but shall be confined in
28 its operation to the clause, sentence, paragraph, subdivision, section
29 or part thereof directly involved in the controversy in which such judg-
30 ment shall have been rendered. It is hereby declared to be the intent of
31 the legislature that this act would have been enacted even if such
32 invalid provisions had not been included herein.
33 § 7. This act shall take effect on the ninetieth day after it shall
34 have become a law.
