Ban Animal Ownership for Abusers

4. On and after the effective date of this subdivision, no person who is convicted of a violation of this section shall own or possess a compan- ion animal unless and until authorized by a court order issued by a county court judge of his or her county of residence. No such order shall be issued until such convicted person first demonstrates to the court that he or she has undergone psychiatric or psychological testing, the results of which indicate by clear and convincing evidence of his or her capable and sound mental capacity and ability to own and properly care for such an animal in a humane manner.

2. Subdivision 4 of section 350 of the agriculture and markets law, as added by chapter 569 of the laws of 1995, is amended to read as follows:

4. "Farm animal", as used in this article, means any ungulate, poull6 try, species of cattle, sheep, swine, goats, llamas , HORSES or fur bearing animals, as defined in section 11-1907 of the environmental conservation law, which are raised for commercial or subsistence purposes. Fur-bearing animal shall not include dogs or cats.

§ 3. Section 350 of the agriculture and markets law is amended by adding a new subdivision 6 to read as follows:

6. "Equine companion", as used in this article, means any horse so used for recreational pursuits, including but not limited to: racing, jump- ing, showing, rehabilitative purposes or otherwise treated in an open and known fashion as a "companion animal" or "pet" as defined in subdi- vision five of this section.

Justification

In the early 2000s, media fury surrounding Atlanta Falcon Michael Vick's dog fighting case including allegations that he brutally executed dogs not considered vicious or aggressive enough focused attention on the gruesome world of animal fighting.

According to the U.S. Humane Society, dog fighting is illegal in all 50 states and the District of Columbia. Forty-eight states and the District of Columbia have made dog fighting a felony offense; 47 states prohibit the possession of dogs for fighting and 46 states prohibit being a spec- tator at a dog fight. In July 2007, the Humane Society ranked New York State 44th among states in the severity of its dog fighting laws. While the state considers dog fighting a felony, being a spectator (having paid an admission or made a bet) at these fights or owning or possessing a dog with the intent to use it in a dogfight are only misdemeanors.

This bill would create felony penalties for these acts, significantly increasing both applicable prison terms and fines, to provide more mean- ingful deterrents against this blood sport.

The maximum prison term for the crime of Aggravated Cruelty to Animals (aka Buster's Law), the intentional killing or intentionally causing serious physical injury to a companion animal with animal cruelty is only two years and/or a $5,000 fine. Animal cruelty is viewed by experts as an indicator for future violence against humans. This bill would increase the maximum prison sentence to four years and maximum fine to $10,000, making the punishment more fitting of the crime.

Animal cruelty is viewed by experts as an indicator for future violence against humans. Since his 1997 arrest that led to "Buster's Law," Ches- ter Williamson has been imprisoned numerous times for crimes including Possession of Stolen Property and Attempted Burglary. In Fall 2007 his criminal path took a predictable turn with his arrest for attempted rape, sexual abuse and unlawful imprisonment of a 12-year-old girl.

Requiring early intervention in the form of psychiatric evaluation and treatment would be another tool in the attempt to modify behavior patterns to halt this pattern from escalating

Prior legislative history

02/06/15: S.3400 REFERRED TO AGRICULTURE

01/06/16: S.3400 REFERRED TO AGRICULTURE

02/02/17: S.4038 REFERRED TO AGRICULTURE

01/03/18: S.4038 REFERRED TO AGRICULTURE

Fiscal implications for state and local governments

None

Effective date

This act shall take effect on the 30th day after becoming law.