Bill Text: NY A05552 | 2019-2020 | General Assembly | Introduced

Bill Title: Relates to the proper venue for an impounding organization to file a petition for a security to be paid by the owner of a seized animal currently in the care of such organization.

Spectrum: Slight Partisan Bill (Democrat 17-7)

Status: (Introduced) 2019-02-13 - referred to agriculture [A05552 Detail]

Download: New_York-2019-A05552-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 13, 2019
        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on Agriculture
        AN  ACT  to  amend  the  agriculture and markets law, in relation to the
          posting of security by a person against whom certain criminal  charges
          are pending
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph a and subparagraph 1 of paragraph b  of  subdivi-
     2  sion 6 of section 373 of the agriculture and markets law, paragraph a as
     3  amended  by  chapter 289 of the laws of 2018 and subparagraph 1 of para-
     4  graph b as amended by chapter 531 of the laws of 2013,  are  amended  to
     5  read as follows:
     6    a. If any animal is seized and impounded pursuant to the provisions of
     7  this  section,  section three hundred fifty-three-d [of this article] or
     8  [section] three hundred seventy-five of this article for  any  violation
     9  of  this  article,  [upon arraignment of charges, or within a reasonable
    10  time thereafter,] the duly incorporated society for  the  prevention  of
    11  cruelty to animals, humane society, pound, animal shelter or any author-
    12  ized  agents  thereof,  hereinafter referred to for the purposes of this
    13  section as the "impounding organization", may file a petition  with  the
    14  court  in  which  criminal  charges  have been filed requesting that the
    15  person [from whom an animal is  seized  or  the  owner  of  the  animal]
    16  against  whom  criminal charges are pending ("the defendant") be ordered
    17  to post a security. If the defendant is issued an appearance ticket,  as
    18  defined in subdivision twenty-six of section 1.20 of the criminal proce-
    19  dure law, the petition may be filed upon the issuance of such appearance
    20  ticket  or  within  a  reasonable  time thereafter. In all other circum-
    21  stances, the petition may be filed upon arraignment of charges or within
    22  a reasonable time thereafter.  The  district  attorney  prosecuting  the
    23  charges  may  file  and  obtain  the  requested  relief on behalf of the
    24  impounding organization if requested to do so by the  impounding  organ-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 5552                             2
     1  ization. The security shall be in an amount sufficient to secure payment
     2  for  all  reasonable  expenses expected to be incurred by the impounding
     3  organization in caring and providing for the animal pending  disposition
     4  of  the  charges.  Reasonable expenses shall include, but not be limited
     5  to, estimated medical care and boarding of the animal for at least thir-
     6  ty days. The amount of the security, if any, shall be determined by  the
     7  court after taking into consideration all of the facts and circumstances
     8  of  the  case  including,  but  not limited to the recommendation of the
     9  impounding organization having custody and care of the seized animal and
    10  the cost of caring for the animal. If a  security  has  been  posted  in
    11  accordance  with this section, the impounding organization may draw from
    12  the security the actual reasonable costs to be incurred by  such  organ-
    13  ization in caring for the seized animal.
    14    (1)  Upon receipt of a petition pursuant to paragraph a of this subdi-
    15  vision the court shall set a hearing on the  petition  to  be  conducted
    16  within  ten business days of the filing of such petition. The petitioner
    17  shall serve a true copy of the  petition  upon  the  defendant  and  the
    18  district attorney if the district attorney has not filed the petition on
    19  behalf  of  the petitioner.  If the petition is filed after the issuance
    20  of an appearance ticket but prior to arraignment on charges, service may
    21  be effectuated by serving  a  true  copy  thereof  personally  upon  the
    22  defendant,  or  by  sending a true copy thereof by certified mail to the
    23  address of the defendant. The petitioner shall also serve a true copy of
    24  the petition on any interested person. For purposes of this subdivision,
    25  interested person shall mean an  individual,  partnership,  firm,  joint
    26  stock  company,  corporation,  association, trust, estate or other legal
    27  entity who the court determines may have [a] an ownership  or  pecuniary
    28  interest  in the animal which is the subject of the petition.  Provided,
    29  that, if a petition is filed after the issuance of an appearance  ticket
    30  but  prior  to  arraignment  on charges, and the defendant does not have
    31  counsel at the time of arraignment, the court  may  assign  counsel  for
    32  purposes  of  the  petition  if such defendant is otherwise eligible for
    33  appointed counsel for the underlying criminal offense. The petitioner or
    34  the district attorney acting on behalf of the petitioner, shall have the
    35  burden of proving by a preponderance of the evidence  that  the  [person
    36  from  whom the animal was seized] defendant violated a provision of this
    37  article. The court may waive for good cause shown the posting of securi-
    38  ty.
    39    § 2. This act shall take effect on the ninetieth day  after  it  shall
    40  have become a law.