Bill Text: NY S03413 | 2019-2020 | General Assembly | Introduced
Bill Title: Authorizes the district attorney bringing animal abuse charges to petition for the posting of security for the care of the abused animal on behalf of the impounding organization; authorizes all such petitions to be filed at or after the arraignment on animal abuse charges.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO DOMESTIC ANIMAL WELFARE [S03413 Detail]
Download: New_York-2019-S03413-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3413 2019-2020 Regular Sessions IN SENATE February 6, 2019 ___________ Introduced by Sen. MARTINEZ -- read twice and ordered printed, and when printed to be committed to the Committee on Domestic Animal Welfare AN ACT to amend the agriculture and markets law, in relation to author- izing district attorneys to petition for the posting of security for the care of impounded animals The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs a and c of subdivision 6 of section 373 of the 2 agriculture and markets law, paragraph a as amended by chapter 289 of 3 the laws of 2018 and paragraph c as amended by chapter 256 of the laws 4 of 1997, are amended to read as follows: 5 a. If any animal is seized and impounded pursuant to the provisions of 6 this section, section three hundred fifty-three-d of this article or 7 section three hundred seventy-five of this article for any violation of 8 this article, upon arraignment of charges, or within a reasonable time 9 thereafter, the duly incorporated society for the prevention of cruelty 10 to animals, humane society, pound, animal shelter or any authorized 11 agents thereof, hereinafter referred to for the purposes of this section 12 as the "impounding organization", or the district attorney prosecuting 13 the charges or any agent thereof, acting on behalf of the impounding 14 organization, may at or after arraignment on the charges, file a peti- 15 tion with the court in which criminal charges have been filed requesting 16 that the person from whom an animal is seized or the owner of the animal 17 be ordered to post a security. The district attorney prosecuting the 18 charges may file and obtain the requested relief on behalf of the 19 impounding organization if requested to do so by the impounding organ- 20 ization. The security shall be in an amount sufficient to secure payment 21 for all reasonable expenses expected to be incurred by the impounding 22 organization in caring and providing for the animal pending disposition 23 of the charges. Reasonable expenses shall include, but not be limited 24 to, estimated medical care and boarding of the animal for at least thir- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09718-01-9S. 3413 2 1 ty days. The amount of the security, if any, shall be determined by the 2 court after taking into consideration all of the facts and circumstances 3 of the case including, but not limited to the recommendation of the 4 impounding organization having custody and care of the seized animal and 5 the cost of caring for the animal. If a security has been posted in 6 accordance with this section, the impounding organization may draw from 7 the security the actual reasonable costs to be incurred by such organ- 8 ization in caring for the seized animal. 9 c. In no event shall the security prevent the impounding organization 10 having custody and care of the animal from disposing of the animal 11 pursuant to section three hundred seventy-four of this article prior to 12 the expiration of the thirty day period covered by the security if the 13 court makes a determination of the charges against the person from whom 14 the animal was seized prior thereto. Upon receipt of a petition [from15the impounding organization] pursuant to this subdivision, the court may 16 order the person from whom the animal was seized or the owner of the 17 animal to post an additional security with the clerk of the court to 18 secure payment of reasonable expenses for an additional period of time 19 pending a determination by the court of the charges against the person 20 from whom the animal was seized. The person who posted the security 21 shall be entitled to a refund of the security in whole or part for any 22 expenses not incurred by such impounding organization upon adjudication 23 of the charges. The person who posted the security shall be entitled to 24 a full refund of the security, including reimbursement by the impounding 25 organization of any amount allowed by the court to be expended, and the 26 return of the animal seized and impounded upon acquittal or dismissal of 27 the charges, except where the dismissal is based upon an adjournment in 28 contemplation of dismissal pursuant to section 215.30 of the criminal 29 procedure law. The court order directing such refund and reimbursement 30 shall provide for payment to be made within a reasonable time from the 31 acquittal or dismissal of charges. 32 § 2. Subparagraph 1 of paragraph b of subdivision 6 of section 373 of 33 the agriculture and markets law, as amended by chapter 531 of the laws 34 of 2013, is amended to read as follows: 35 (1) Upon receipt of a petition pursuant to paragraph a of this subdi- 36 vision the court shall set a hearing on the petition to be conducted 37 within ten business days of the filing of such petition. The petitioner 38 shall serve a true copy of the petition upon the defendant and, where 39 the petitioner is not the district attorney, upon the district attorney 40 if the district attorney has not filed the petition on behalf of the 41 petitioner. The petitioner shall also serve a true copy of the petition 42 on any interested person. For purposes of this subdivision, interested 43 person shall mean an individual, partnership, firm, joint stock company, 44 corporation, association, trust, estate or other legal entity who the 45 court determines may have a pecuniary interest in the animal which is 46 the subject of the petition. The petitioner or the district attorney 47 acting on behalf of the petitioner, shall have the burden of proving by 48 a preponderance of the evidence that the person from whom the animal was 49 seized violated a provision of this article. The court may waive for 50 good cause shown the posting of security. 51 § 3. This act shall take effect immediately.
