Relates to adding certain animal fighting conduct as a designated offense for an eavesdropping or video surveillance warrant

Title of bill

An act to amend the criminal procedure law, in relation to adding certain animal fighting conduct as a designated offense for an eavesdropping or video surveillance warrant

Purpose

This legislation would define animal fighting as a designated offense that qualifies for an electronic eavesdropping or video surveillance warrant.

Summary of provisions

Section 1. This bill amends criminal procedure law section 700.05 subdivision 8 to include section 351 of the agriculture and markets law as a designated offense for an eavesdropping or video surveillance warrant.

Section 2. Effective date.

Justification

Animal fighting fuels some of the most violent enterprises which corrupt our neighborhoods. Apart from the well-established social science link between violence against animals and violence against people, the New York law enforcement community has seen first-hand that vigorous investigation and prosecution of animal fighting exposes gang networks, narcotics rings, weapons trafficking activity, and other sophisticated and violent criminal enterprises.

Animal fighting is the pitting of two dogs against each other for amusement or gain. It can also be the pitting of a dog against another type of animal (even a human). While money need not be exchanged to qualify the act as illegal, there is indeed a significant financial machine behind this disgusting "blood sport." According to some estimates, dogfighting is a billion-dollar underground economy - just in the United States. Some studies put the United States' share of this enterprise 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 subversive 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-atrocious 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.

This is not a distant problem. It is happening in virtually every corner of the state. As law enforcement has grown more attuned to its detection, fighting rings have been targeted and brought down, and, along with those rings, law enforcement has seized guns and heroin, uncovered domestic abuse and child abuse, and rescued countless dogs from a lifetime of torture.

However, the methodologies of detection are still lacking - for no justifiable purpose besides oversight. Despite being an inherently "social" activity (i.e. more than one defendant must be involved), animal fighting is currently not eligible for a warrant to conduct electronic surveillance. This bill would place animal fighting on a list of crimes eligible to seek a warrant to conduct electronic eavesdropping. By including animal fighting as an eligible offense, law enforcement and prosecutors will gain valuable tools in combating this heinous category of crime.

Legislative history

New Bill.

Fiscal implications

To be determined.

Local fiscal implications

EFFECTIVE DATE : This act shall take effect immediately.