STATE OF NEW YORK
________________________________________________________________________
5552
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.
LBD09642-01-9
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.