NY State Senate Bill 2017-S1141

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to agriculture
Jan 06, 2017	referred to agriculture

2017-S1141 (ACTIVE) - Details

Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §373, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7401
2015-2016: S445

2017-S1141 (ACTIVE) - Summary

Relates to the seizure of animals.

2017-S1141 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1141

 TITLE OF BILL :

An act to amend the agriculture and markets law, in relation to the
seizure of animals

 PURPOSE :

This bill provides greater protections to animals in the custody or
control of persons charged with animal abuse.

 SUMMARY OF PROVISIONS :

Section 1 amends section 373 of the agriculture and markets law to
provide greater protections to animals in the custody or control of
persons charged with animal abuse. First, this section provides that
where any animal is seized from a person based on charges of animal
abuse, the police officer, agent, or officer may take possession of
any other animals in the custody or control of the person from whom
the animal is seized. The person from whom such animals are seized may
petition the court for the return of the seized animals. A hearing on
such petition must be held within ten business days of such petition.

Second, this section provides that where any animal is seized and
impounded pursuant to the provisions of this section, the duly

incorporated society for the prevention of cruelty to animals, humane
society, pound, animal shelter, or any authorized agents thereof may
file a petition with the court requesting that the person from whom an
animal is seized be ordered to post a security. The security shall be
an amount sufficient to pay for all reasonable expenses incurred since
the date of seizure for all of the animals seized. Lastly, this
section provides that upon application to the court, until a final
determination of the charges is made, any law enforcement officer,
officer of a duly incorporated society for the prevention of cruelty
to animals, or its authorized agents, shall be authorized to make
sporadic, unannounced visits to where the animal is being kept to
ascertain if the animal is receiving the necessary care.

Section 2 states that this act shall take effect immediately.

 JUSTIFICATION :

This bill provides greater protections to animals in the custody or
control of persons charged with animal abuse. First, this bill
provides that where a police officer, agent, or officer has a warrant
to seize one animal from a person based upon animal abuse, they can
also take possession of any other animals in the custody or control of
the person from whom the original animal was seized. This is an
important provision to protect other animals that are in the custody
or control of an alleged animal abuser from also being abused. This
bill also provides an opportunity for the animal owner to petition the
court for the return of these animals if he or she can show by a
preponderance of the evidence that there was no probable cause for the
seizure of such animal.

Second, this bill makes important changes for how the duly
incorporated society for the prevention of cruelty to animals, humane
society, pound, animal shelter, or any authorized agent thereof may be
reimbursed for the shelter and care of seized and impounded animals.
Under this bill, the security amount shall be sufficient to secure
payment for all reasonable expenses incurred since the date of seizure
and shall be paid for all of the animals seized pending disposition of
the charges.


Lastly, where a person is charged with animal abuse without the
removal of the animal from its existing location, this bill changes
how a law enforcement officer, officer of a duly incorporated society
for the prevention of cruelty to animals, or its authorized agents may
make visits to where the animal is being kept to ensure it is
receiving proper care. Under current law, the officer must make
regular, announced visits. This bill would change this to allow
officers to make sporadic, unannounced visits to check on the
well-being of these animals. By authorizing officers to make
unannounced visits, they will be able to ascertain whether the animal
is being maltreated without giving advanced notice to the animal's
owner.

 LEGISLATIVE HISTORY :

2015-16: S.445A/A.1107 Referred to Agriculture/Referred to Agriculture
2013-14: S.7401-A/A.9807-A Referred to Agriculture/Referred to
Agriculture

 FISCAL IMPLICATIONS :

None to the state.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S1141 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1141
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2017
                                ___________
 
 Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Agriculture
 
 AN ACT to amend the agriculture and markets  law,  in  relation  to  the
   seizure of animals
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 373 of the agriculture and markets law, as added by
 chapter 545 of the laws of 1971, subdivisions 1, 2 and 3 as  amended  by
 chapter  79 of the laws of 1997, subdivision 1-a as added by chapter 811
 of the laws of 1981, subdivision 5 as amended by section 23 and subpara-
 graph 2 of paragraph b of subdivision 6 as amended by section 24 of part
 T of chapter 59 of the laws of 2010, subdivisions 6 and 7 as amended  by
 chapter  256  of  the laws of 1997 and paragraph a and subparagraph 1 of
 paragraph b of subdivision 6 as amended by chapter 531 of  the  laws  of
 2013, is amended to read as follows:
   § 373. Seizure  of  animals  lost,  strayed,  homeless,  abandoned  or
 improperly confined or kept. 1. Any police officer or agent  or  officer
 of  the American Society for the Prevention of Cruelty to Animals or any
 duly incorporated society for the prevention of cruelty to animals,  may
 lawfully  take  possession  of  any lost, strayed, homeless or abandoned
 animal found in any street, road or other public place.
   1-a. Any police officer in Lewis county may lawfully  take  possession
 of  any lost, strayed, homeless or abandoned domestic animal, as defined
 in section one hundred eight of this chapter, found in any street,  road
 or other public place.
   2.  Any such police officer or agent or officer may also lawfully take
 possession of any animal in or upon any premises other  than  a  street,
 road  or  other  public place, which (A) for more than twelve successive
 hours has been confined or kept in a crowded or unhealthy  condition  or
 in  unhealthful  or unsanitary surroundings or (B) HAS not BEEN properly
 cared for, INCLUDING, BUT NOT LIMITED  TO  THE  PROVISION  OF  NECESSARY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00242-01-7

 S. 1141                             2
 
 SHELTER,  VETERINARY, FARRIER AND OTHER SPECIES- OR BREED-SPECIFIC CARE;
 or [without] (C) FOR MORE THAN TWELVE  SUCCESSIVE  HOURS  HAS  NOT  BEEN
 PROVIDED  WITH  necessary  sustenance,  food  or  drink, provided that a
 complaint  stating  just  and  reasonable  grounds is made under oath or
 affirmation to any magistrate authorized to issue warrants  in  criminal
 cases,  and that such warrant authorizing entry and search is issued and
 delivered by such magistrate; if just and reasonable cause is shown, the
 magistrate shall immediately issue such warrant.   FURTHER, THE  WARRANT
 SHALL  PROVIDE THAT, WHERE ANY ANIMAL IS SEIZED FROM A PERSON BASED UPON
 NONCOMPLIANCE WITH THE STANDARDS OF CARE SET FORTH IN THIS  SUBDIVISION,
 THE  POLICE  OFFICER,  AGENT OR OFFICER MAY TAKE POSSESSION OF ANY OTHER
 ANIMAL OR ANIMALS IN THE CUSTODY OR CONTROL OF SUCH PERSON FROM WHOM THE
 ANIMAL IS SEIZED. THE PERSON FROM WHOM ANIMALS ARE  SEIZED  PURSUANT  TO
 THIS  SUBDIVISION  MAY  PETITION  THE  COURT,  UPON SEIZURE, OR WITHIN A
 REASONABLE TIME THEREAFTER,  FOR  A  RETURN  OF  THE  SEIZED  ANIMAL  OR
 ANIMALS.  A HEARING ON SUCH PETITION SHALL BE CONDUCTED WITHIN TEN BUSI-
 NESS DAYS OF SUCH PETITION. THE PETITIONER  SHALL  HAVE  THE  BURDEN  OF
 PROVING  BY  A  PREPONDERANCE OF THE EVIDENCE THAT THERE WAS NO PROBABLE
 CAUSE FOR THE SEIZURE OF SUCH ANIMAL OR ANIMALS SEIZED PURSUANT TO  THIS
 SUBDIVISION.  NO  ANIMAL  OR ANIMALS SEIZED PURSUANT TO THIS SUBDIVISION
 MAY BE RETURNED TO THE OWNER OR PERSON FROM WHOM THE ANIMAL  OR  ANIMALS
 WERE SEIZED UNTIL SUCH HEARING HAS BEEN CONDUCTED.
   3.  Any such police officer or agent or officer may also lawfully take
 possession of any unwanted animal  from  the  person  in  possession  or
 custody thereof.
   4.  When any person arrested is, at the time of such arrest, in charge
 of any animal or of any vehicle drawn by or containing any  animal,  any
 agent  or officer of said society or societies or any police officer may
 take charge of such animal and of such vehicle  and  its  contents,  and
 deposit  the  same  in a safe place or custody, or deliver the same into
 the possession of the police or sheriff of the county or  place  wherein
 such  arrest  was  made, who shall thereupon assume the custody thereof;
 and all necessary expenses incurred in taking charge  of  such  property
 shall be a charge thereon.
   5.  Nothing  herein  contained  shall  restrict  the rights and powers
 derived from section one hundred seventeen of this chapter  relating  to
 seizure  of unlicensed dogs and the disposition to be made of animals so
 seized or taken, nor those derived from any other general or special law
 relating to the seizure or other taking of dogs and other animals  by  a
 society for the prevention of cruelty to animals.
   6. a. If any animal is seized and impounded pursuant to the provisions
 of  this section, section three hundred fifty-three-d of this article or
 section three hundred seventy-five of this article for any violation  of
 this  article,  upon arraignment of charges, or within a reasonable time
 thereafter, FOR ONE OR MORE OF THE ANIMALS SEIZED the duly  incorporated
 society for the prevention of cruelty to animals, humane society, pound,
 animal shelter or any authorized agents thereof, hereinafter referred to
 for  the  purposes of this section as the "impounding organization", may
 file a petition with the court requesting that the person from  whom  an
 animal is seized or the owner of the animal be ordered to post a securi-
 ty.  The  district  attorney prosecuting the charges may file and obtain
 the requested  relief  on  behalf  of  the  impounding  organization  if
 requested  to  do so by the impounding organization.  The security shall
 be in an amount sufficient to secure payment for all reasonable expenses
 INCURRED SINCE THE DATE OF SEIZURE AND expected to be  incurred  by  the
 impounding organization in caring and providing for [the animal] ALL THE

 S. 1141                             3
 
 ANIMALS SEIZED pending disposition of the charges FOR ONE OR MORE OF THE
 ANIMALS  SEIZED.  Reasonable  expenses shall include, but not be limited
 to, estimated medical care and boarding of the SEIZED animal OR  ANIMALS
 for  at  least thirty days. The amount of the security, if any, shall be
 determined by the court after taking into consideration all of the facts
 and circumstances of the case including, but not limited to  the  recom-
 mendation  of the impounding organization having custody and care of the
 seized animal OR ANIMALS and the  cost  of  caring  for  the  animal  OR
 ANIMALS.  If a security has been posted in accordance with this section,
 the impounding organization  may  draw  from  the  security  the  actual
 reasonable  costs  to be incurred by such organization in caring for the
 seized animal OR ANIMALS.
   b. (1) Upon receipt of a petition pursuant  to  paragraph  a  of  this
 subdivision  the  court  shall  set  a  hearing  on  the  petition to be
 conducted within ten business days of the filing of such  petition.  The
 petitioner  shall  serve  a true copy of the petition upon the defendant
 and the district attorney if the district attorney  has  not  filed  the
 petition  on behalf of the petitioner. The petitioner shall also serve a
 true copy of the petition on any interested person. For purposes of this
 subdivision, interested person shall mean  an  individual,  partnership,
 firm,  joint  stock  company, corporation, association, trust, estate or
 other legal entity who the court determines may have a pecuniary  inter-
 est  in  the animal which is the subject of the petition. The petitioner
 or the district attorney acting on behalf of the petitioner, shall  have
 the burden of proving by a preponderance of the evidence that the person
 from  whom  the  animal was seized violated a provision of this article.
 The court may waive for good cause shown the posting of security.
   (2) If the court orders the posting of a security, the security  shall
 be  posted  with the clerk of the court within five business days of the
 hearing provided for in subparagraph one of this  paragraph.  The  court
 may  order  the  immediate forfeiture of the seized animal OR ANIMALS to
 the impounding organization if the person ordered to post  the  security
 fails  to  do  so.  Any  animal  forfeited  shall  be made available for
 adoption or euthanized subject to subdivision  seven-a  of  section  one
 hundred  seventeen of this chapter or section three hundred seventy-four
 of this article.
   (3) In the case of an animal other than a companion animal or pet,  if
 a  person  ordered  to  post  security fails to do so, the court may, in
 addition to the forfeiture  to  a  duly  incorporated  society  for  the
 prevention  of cruelty to animals, humane society, pound, animal shelter
 or any authorized agents thereof, and subject  to  the  restrictions  of
 sections  three  hundred fifty-four, three hundred fifty-seven and three
 hundred seventy-four of this article, order the  animal  which  was  the
 basis  of  the  order  to  be sold, provided that all interested persons
 shall first be provided the opportunity to redeem their interest in  the
 animal  and to purchase the interest of the person ordered to post secu-
 rity, subject to such conditions  as  the  court  deems  appropriate  to
 assure  proper care and treatment of the animal. The court may reimburse
 the person ordered to post security and any interested persons any money
 earned by the sale of the animal  less  any  costs  including,  but  not
 limited  to, veterinary and custodial care. Any animal determined by the
 court to be maimed, diseased, disabled or infirm so as to be  unfit  for
 sale  or  any  useful  purpose shall be forfeited to a duly incorporated
 society for the prevention of cruelty to animals or a duly  incorporated
 humane  society  or  authorized  agents  thereof,  and  be available for

 S. 1141                             4
 
 adoption or shall be euthanized subject to section three hundred  seven-
 ty-four of this article.
   (4) Nothing in this section shall be construed to limit or restrict in
 any  way the rights of a secured party having a security interest in any
 animal described in this section. This section expressly does not impair
 or subordinate the rights of such a secured  lender  having  a  security
 interest in the animal or in the proceeds from the sale of such animal.
   c.  In no event shall the security prevent the impounding organization
 having custody and care of the animal OR ANIMALS from disposing  of  the
 animal OR ANIMALS pursuant to section three hundred seventy-four of this
 article  prior to the expiration of the thirty day period covered by the
 security if the court makes a determination of the charges  against  the
 person from whom the animal OR ANIMALS was OR WERE seized prior thereto.
 Upon  receipt  of a petition from the impounding organization, the court
 may order the person from whom the animal OR ANIMALS was OR WERE  seized
 or  the  owner  of  the animal OR ANIMALS to post an additional security
 with the clerk of the court to secure payment of reasonable expenses for
 an additional period of time pending a determination by the court of the
 charges against the person from whom the animal OR ANIMALS was  OR  WERE
 seized.  The person who posted the security [shall be entitled to a] MAY
 MAKE  APPLICATION  TO THE COURT FOR A refund of the security in whole or
 part for any expenses not incurred by such impounding organization  upon
 adjudication of the charges. The person who posted the security shall be
 entitled to a [full] refund of the security, [including reimbursement by
 the  impounding  organization  of  any amount allowed by the court to be
 expended] SOLELY TO THE EXTENT THAT THE REASONABLE EXPENSES PAID  THERE-
 FROM  BY THE IMPOUNDING ORGANIZATION EXCEED THE REASONABLE EXPENSES THAT
 WOULD HAVE BEEN INCURRED HAD THE SEIZURE NOT OCCURRED, and the return of
 the animal OR ANIMALS seized and impounded upon acquittal  or  dismissal
 of  [the]  ALL  charges, except (A) where the dismissal is based upon an
 adjournment in contemplation of dismissal pursuant to section 215.30  of
 the  criminal  procedure  law  OR  (B)  WHERE THE PERSON IS CHARGED WITH
 VIOLATIONS OF THIS ARTICLE CONCERNING MORE THAN ONE ANIMAL, AND IS FOUND
 GUILTY, BY PLEA OR OTHERWISE, OF ANY VIOLATION OF THIS ARTICLE REGARDING
 ANY ANIMAL. The court order  directing  such  refund  and  reimbursement
 shall  provide  for payment to be made within a reasonable time from the
 acquittal or dismissal of charges.
   7. Notwithstanding any other provision of this section to the  contra-
 ry,  the  court  may  order  a person charged with any violation of this
 article to provide necessary food,  water,  shelter  and  care  for  any
 animal  which  is  the  basis  of the charge, without the removal of the
 animal from its existing location, until the charges against the  person
 are  adjudicated.   [Until] UPON APPLICATION TO THE COURT, UNTIL a final
 determination of the charges is made, any law enforcement officer, offi-
 cer of a duly incorporated society for  the  prevention  of  cruelty  to
 animals,  or  its  authorized  agents,  [may] SHALL be authorized [by an
 order of the court] to make [regular] SPORADIC,  UNANNOUNCED  visits  to
 where  the  animal is being kept to ascertain if the animal is receiving
 necessary [food, water, shelter and] care IN ACCORDANCE WITH SUBDIVISION
 TWO OF THIS SECTION. Nothing shall prevent any law enforcement  officer,
 officer  of a duly incorporated society for the prevention of cruelty to
 animals, or its authorized agents, from applying for a warrant  pursuant
 to  this  section  to  seize any animal being held by the person charged
 pending the adjudication of the charges if it  is  determined  that  the
 animal  is  not receiving [the] necessary [food, water, shelter or] care
 IN ACCORDANCE WITH SUBDIVISION TWO OF  THIS  SECTION.  NOTHING  IN  THIS

 S. 1141                             5
 
 SUBDIVISION  SHALL  BE INTERPRETED AS PERMITTING THE RETURN OF AN ANIMAL
 SEIZED PURSUANT TO SUBDIVISION TWO OF THIS SECTION WITHOUT A HEARING  AS
 REQUIRED UNDER SUCH SUBDIVISION.
   § 2. This act shall take effect immediately.

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Senate Bill S1141

Sponsored By

Archive: Last Bill Status - In Senate Committee Agriculture Committee

2017-S1141 (ACTIVE) - Details

2017-S1141 (ACTIVE) - Summary

2017-S1141 (ACTIVE) - Sponsor Memo

2017-S1141 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1141

Share this bill

Sponsored By

Patrick M. Gallivan

Archive: Last Bill Status - In Senate Committee Agriculture Committee

2017-S1141 (ACTIVE) - Details

2017-S1141 (ACTIVE) - Summary

2017-S1141 (ACTIVE) - Sponsor Memo

2017-S1141 (ACTIVE) - Bill Text download pdf

Comments