NY: State Senate passes bill banning dog-fight tools

[scratchin dog]

State Senate passes bill banning dog-fight tools sponsored by Heuvelton's Sen. Ritchie
Thursday, April 19, 2012 - 5:56 pm

The state Senate has passed a bill that would make it a crime to possess dog fighting equipment, like “breaking sticks,” “cat mills” or other devices used to train fighting dogs or in actual dog fighting events.

The measure, S.6774, sponsored by Heuvelton Republican Sen. Patty Ritchie, is aimed at protecting innocent animals from a growing number of animal fight cases, by giving police and prosecutors new tools to stop dog fighters who, because of the underground nature of their crimes, are hard to catch in the act, and are often connected to drug dealing and other dangerous crimes.

“Dog fighting isn’t sport,” Ritchie said. “It is the cruel and wanton abuse of innocent animals, often connected with other crimes and lawlessness, and we must make every effort to put an end to it.”

Dog fighting is illegal in all 50 states, and even spectators can face fines and jail time in New York, but cases are hard to prove unless law enforcers witness the actual event.

Ritchie’s bill, which is a top priority of the Humane Society and ASPCA, would make owning, possessing, selling, transferring or manufacturing animal fighting paraphernalia a misdemeanor, punishable by up to 90 days in jail. Repeat offenses within five years would carry a one year jail term.

Animal advocates have noted an uptick in dog fights in recent years, measured by a rising number of animals at local shelters that show signs of fighting, following declines in the 1990s.

The bill defines animal fighting paraphernalia as any “equipment, products, or materials that are used, intended for use, or designed for use in the training, preparation, conditioning or furtherance of animal fighting.”

Examples of such equipment include a “breaking stick,” which is designed to be inserted in a dog’s mouth to break its biting grip on another animal or object; a “cat mill,” a device that allows a cat, rabbit or other small animal to be attached to a rotating arm; or treadmills that are used in dog fight training.

The bill was sent to the Assembly.

Earlier in the week, the Senate passed another bill which would make it a felony to steal a dog or other pet. It’s not uncommon for stolen dogs to end up involved in organized dog fights.

State Senate passes bill banning dog-fight tools sponsored by Heuveltons Sen. Ritchie | NorthCountryNow

[scratchin dog]

Re: NY: State Senate passes bill banning dog-fight tools

S6774-2011 Text


S T A T E O F N E W Y O R K

6774 I N SENATE March 21, 2012
Introduced by Sen. RITCHIE -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture

AN ACT to amend the agriculture and markets law, in relation to prohibiting persons from owning, possessing, selling, transferring or manu facturing animal fighting paraphernalia THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:


Section 1.

Section 351 of the agriculture and markets law is amended by adding a new subdivision 6 to read as follows:
6. (A) ANY PERSON WHO INTENTIONALLY OWNS, POSSESSES, SELLS, TRANSFERS OR MANUFACTURES ANIMAL FIGHTING PARAPHERNALIA WITH THE INTENT TO COMMIT A VIOLATION OF SUBDIVISION TWO OF THIS SECTION OR WITH THE INTENT TO OTHERWISE PROMOTE OR FACILITATE ANIMAL FIGHTING AS DEFINED IN SUBDIVISION ONE OF THIS SECTION IS GUILTY OF A CLASS B MISDEMEANOR PUNISHABLE BY IMPRISONMENT FOR A PERIOD OF UP TO NINETY DAYS, OR BY A FINE NOT TO EXCEED FIVE HUNDRED DOLLARS, OR BY BOTH SUCH FINE AND IMPRISONMENT. ANY PERSON WHO ENGAGES IN THE CONDUCT SPECIFIED IN THIS SUBDIVISION AFTER HAVING BEEN CONVICTED WITHIN THE PREVIOUS FIVE YEARS OF A VIOLATION OF THIS SUBDIVISION IS GUILTY OF A MISDEMEANOR AND IS PUNISHABLE BY IMPRISONMENT FOR A PERIOD NOT TO EXCEED ONE YEAR, OR BY A FINE NOT TO EXCEED ONE THOUSAND DOLLARS, OR BY BOTH SUCH FINE AND IMPRISONMENT. (B) FOR PURPOSES OF THIS SECTION, ANIMAL FIGHTING PARAPHERNALIA SHALL MEAN EQUIPMENT, PRODUCTS, OR MATERIALS OF ANY KIND THAT ARE USED, INTENDED FOR USE, OR DESIGNED FOR USE IN THE TRAINING, PREPARATION, CONDITIONING OR FURTHERANCE OF ANIMAL FIGHTING. ANIMAL FIGHTING PARAPHERNALIA INCLUDES THE FOLLOWING:
(I) A BREAKING STICK, WHICH MEANS A DEVICE DESIGNED FOR INSERTION BEHIND THE MOLARS OF A DOG FOR THE PURPOSE OF BREAKING THE DOG'S GRIP ON ANOTHER ANIMAL OR OBJECT; (II) A CAT MILL, WHICH MEANS A DEVICE THAT ROTATES AROUND A CENTRAL SUPPORT WITH ONE ARM DESIGNED TO SECURE A DOG AND ONE ARM DESIGNED TO SECURE A CAT, RABBIT, OR OTHER SMALL ANIMAL BEYOND THE GRASP OF THE DOG; (III) A TREADMILL, WHICH MEANS AN EXERCISE DEVICE CONSISTING OF AN 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. LBD15029-01-2

S. 6774 2 (IV) A SPRINGPOLE, WHICH MEANS A BITING SURFACE ATTACHED TO A STRETCH ABLE DEVICE, SUSPENDED AT A HEIGHT SUFFICIENT TO PREVENT A DOG FROM REACHING THE BITING SURFACE WHILE TOUCHING THE GROUND; (V) A FIGHTING PIT, WHICH MEANS A WALLED AREA, OR OTHERWISE DEFINED AREA, DESIGNED TO CONTAIN AN ANIMAL FIGHT; (VI) ANY OTHER INSTRUMENT COMMONLY USED IN THE FURTHERANCE OF PITTING AN ANIMAL AGAINST ANOTHER ANIMAL.

S 2. This act shall take effect immediately.

[Officially Retired]

Re: NY: State Senate passes bill banning dog-fight tools
S6774-2011 Text
S T A T E O F N E W Y O R K
6774 I N SENATE March 21, 2012
Introduced by Sen. RITCHIE -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to prohibiting persons from owning, possessing, selling, transferring or manu facturing animal fighting paraphernalia THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1.
Section 351 of the agriculture and markets law is amended by adding a new subdivision 6 to read as follows:
6. (A) ANY PERSON WHO INTENTIONALLY OWNS, POSSESSES, SELLS, TRANSFERS OR MANUFACTURES ANIMAL FIGHTING PARAPHERNALIA WITH THE INTENT TO COMMIT A VIOLATION OF SUBDIVISION TWO OF THIS SECTION OR WITH THE INTENT TO OTHERWISE PROMOTE OR FACILITATE ANIMAL FIGHTING AS DEFINED IN SUBDIVISION ONE OF THIS SECTION IS GUILTY OF A CLASS B MISDEMEANOR PUNISHABLE BY IMPRISONMENT FOR A PERIOD OF UP TO NINETY DAYS, OR BY A FINE NOT TO EXCEED FIVE HUNDRED DOLLARS, OR BY BOTH SUCH FINE AND IMPRISONMENT. ANY PERSON WHO ENGAGES IN THE CONDUCT SPECIFIED IN THIS SUBDIVISION AFTER HAVING BEEN CONVICTED WITHIN THE PREVIOUS FIVE YEARS OF A VIOLATION OF THIS SUBDIVISION IS GUILTY OF A MISDEMEANOR AND IS PUNISHABLE BY IMPRISONMENT FOR A PERIOD NOT TO EXCEED ONE YEAR, OR BY A FINE NOT TO EXCEED ONE THOUSAND DOLLARS, OR BY BOTH SUCH FINE AND IMPRISONMENT. (B) FOR PURPOSES OF THIS SECTION, ANIMAL FIGHTING PARAPHERNALIA SHALL MEAN EQUIPMENT, PRODUCTS, OR MATERIALS OF ANY KIND THAT ARE USED, INTENDED FOR USE, OR DESIGNED FOR USE IN THE TRAINING, PREPARATION, CONDITIONING OR FURTHERANCE OF ANIMAL FIGHTING. ANIMAL FIGHTING PARAPHERNALIA INCLUDES THE FOLLOWING:
(I) A BREAKING STICK, WHICH MEANS A DEVICE DESIGNED FOR INSERTION BEHIND THE MOLARS OF A DOG FOR THE PURPOSE OF BREAKING THE DOG'S GRIP ON ANOTHER ANIMAL OR OBJECT; (II) A CAT MILL, WHICH MEANS A DEVICE THAT ROTATES AROUND A CENTRAL SUPPORT WITH ONE ARM DESIGNED TO SECURE A DOG AND ONE ARM DESIGNED TO SECURE A CAT, RABBIT, OR OTHER SMALL ANIMAL BEYOND THE GRASP OF THE DOG; (III) A TREADMILL, WHICH MEANS AN EXERCISE DEVICE CONSISTING OF AN 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. LBD15029-01-2
S. 6774 2 (IV) A SPRINGPOLE, WHICH MEANS A BITING SURFACE ATTACHED TO A STRETCH ABLE DEVICE, SUSPENDED AT A HEIGHT SUFFICIENT TO PREVENT A DOG FROM REACHING THE BITING SURFACE WHILE TOUCHING THE GROUND; (V) A FIGHTING PIT, WHICH MEANS A WALLED AREA, OR OTHERWISE DEFINED AREA, DESIGNED TO CONTAIN AN ANIMAL FIGHT; (VI) ANY OTHER INSTRUMENT COMMONLY USED IN THE FURTHERANCE OF PITTING AN ANIMAL AGAINST ANOTHER ANIMAL.
S 2. This act shall take effect immediately.

The way I read this is they have to prove the intent, too, which (to me) means that it isn't illegal to own these things "per se"--it is just illegal to own them with the intent to perform illegal acts with the animal.

Jack

[R2L]

was thinking the same, breaking sticks in most cases prevent dogfighting

[scratchin dog]

The way I read this is they have to prove the intent, too, which (to me) means that it isn't illegal to own these things "per se"--it is just illegal to own them with the intent to perform illegal acts with the animal.

Jack

That is the way I read it too, but in the real world its never that simple. By the time they have to prove your guilt, or for you to disprove it, the dogs have been confiscated and put down. The HSUS doesnt care if you are guilty or not, if the dogs are killed they succeeded.
If this passes the NY assembly, HSUS will try to get it passed in other states as well. This is why its important for people to call and oppose this even if they dont live in NY.

[scratchin dog]

was thinking the same, breaking sticks in most cases prevent dogfighting

Exactly right but because of HSUS propaganda, the politicians are never educated to the correct use of this tool. Most people are too lazy to call their congressmen and educate them in order to stop bills like this from passing. They only want to complain after the fact.