Senate Bill S5479

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5479--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 11, 2009
                               ___________

Introduced by Sens. KLEIN, HASSELL-THOMPSON, C. JOHNSON, ONORATO, OPPEN-
  HEIMER  --  read  twice  and  ordered  printed, and when printed to be
  committed to the  Committee  on  Agriculture  --  recommitted  to  the
  Committee  on  Agriculture in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

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:

  Section 1. Paragraphs a and c of subdivision 6 of section 373  of  the
agriculture  and  markets  law, paragraph a as amended by chapter 586 of
the laws of 2008 and paragraph c as amended by chapter 256 of  the  laws
of 1997, are amended to read as follows:
  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 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",  OR  THE
DISTRICT  ATTORNEY  PROSECUTING THE CHARGES OR ANY AGENT THEREOF, ACTING
ON BEHALF OF THE IMPOUNDING ORGANIZATION, may, AT OR WITHIN TEN BUSINESS
DAYS AFTER ARRAIGNMENT ON THE CHARGES, 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 security. The security shall be in an
amount sufficient to secure payment for all reasonable expenses expected
to be incurred by the impounding organization in  caring  and  providing
for  the  animal pending disposition of the charges. Reasonable expenses
shall include, but not be limited to, estimated medical care and  board-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06754-02-0
              

S. 5479--A                          2

ing  of the animal 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 limit-
ed  to  the recommendation of the impounding organization having custody
and care of the seized animal and the cost of caring for the animal.  If
[a]  security has been posted in accordance with this [section] SUBDIVI-
SION, the impounding organization may draw from the security the  actual
reasonable  costs  to be incurred by such organization in caring for the
seized animal.
  c. In no event shall the security prevent the impounding  organization
having  custody  and  care  of  the  animal from disposing of the animal
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  was  seized prior thereto. Upon receipt of a petition [from
the impounding organization] PURSUANT TO THIS SUBDIVISION, the court may
order the person from whom the animal was seized or  the  owner  of  the
animal  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 was seized. The  person  who  posted  the  security
shall  be  entitled to 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, and  the
return of the animal seized and impounded upon acquittal or dismissal of
the  charges, except where the dismissal is based upon an adjournment in
contemplation of dismissal pursuant to section 215.30  of  the  criminal
procedure  law.  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.
  S  2. Subparagraph 1 of paragraph b of subdivision 6 of section 373 of
the agriculture and markets law, as amended by chapter 256 of  the  laws
of 1997, is amended to read as follows:
  (1)  Upon receipt of a petition pursuant to paragraph a of this subdi-
vision 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,  WHERE
THE PETITIONER IS NOT THE DISTRICT ATTORNEY, UPON the district attorney.
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, corpo-
ration,  association,  trust, estate or other legal entity who the court
determines may have a pecuniary interest in  the  animal  which  is  the
subject  of the petition.  The petitioner shall have the burden of prov-
ing 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.
  S 3. This act shall take effect immediately.