S T A T E   O F   N E W   Y O R K
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                                   191

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M. of A. CAHILL, CUSICK, KAVANAGH, LUPARDO, ENGLEBRIGHT,
  P. RIVERA -- Multi-Sponsored by -- M. of A. BUTLER,  MARKEY,  McENENY,
  PHEFFER -- read once and referred to the Committee on Agriculture

AN  ACT to amend the agriculture and markets law, in relation to compan-
  ion animal hoarding

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  intent.  Across  the  country,  there  is an
increasing incidence of cases where large numbers of  companion  animals
are  seized  from  individuals who lack the ability to provide them with
the basics of life - clean place to live, adequate food  and  water  and
necessary  veterinary care. The living conditions in many of these cases
are not just marginal - frequently they fall well below accepted  stand-
ards  for either companion animals or human beings. Severe overcrowding,
excessive feces, dirt, garbage, dangerous levels of ammonia from  urine-
saturated  surfaces,  animals that plainly suffer from parasite infesta-
tion, upper respiratory infections, and other  ailments  and  owners  or
custodians that neither fully recognize nor are capable of remedying the
situation.
  Sadly,  these  companion  animal  "hoarding" cases are also frequently
accompanied by self neglect and neglect of other people  living  in  the
household  -  particularly children and the elderly. When authorities do
intervene, the cost - in terms of both animal suffering  and  government
expenditure  -  is substantial. Animals removed from hoarding situations
are often too debilitated, sick or injured to be helped. When  they  are
able  to be rehabilitated, the cost of housing, food and veterinary care
can be extremely high.
  States around the country are responding to companion animal  hoarding
with legislation that gives law enforcement the tools it needs for early
intervention  -  before the situation becomes a full-blown cruelty case.

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

                                                           LBD00611-01-1

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This legislation defines companion animal hoarding, makes provision  for
seizure of animals and requires that those deemed hoarders are evaluated
to determine whether they can receive services to assist them with their
problem.  Provision  is made for covering the cost of caring for animals
seized in hoarding cases and to  ensure  that  those  determined  to  be
hoarders  do  not have custody of companion animals for a period of time
that the sentencing court deems reasonable and appropriate.
  S 2. The agriculture and markets  law  is  amended  by  adding  a  new
section 353-e to read as follows:
  S 353-E. COMPANION ANIMAL HOARDING. 1. A PERSON IS GUILTY OF COMPANION
ANIMAL  HOARDING  WHEN HE OR SHE OWNS, POSSESSES, OR HAS CUSTODY OF MORE
COMPANION ANIMALS THAN HE OR SHE CAN PROPERLY CARE FOR AS  EVIDENCED  BY
OWNERSHIP,  POSSESSION  OR  CUSTODY  OF  MORE THAN TWENTY-FIVE COMPANION
ANIMALS LIVING IN CONDITIONS THAT ARE LIKELY TO  JEOPARDIZE  THE  HEALTH
AND  WELL  BEING OF THE ANIMALS AND/OR HUMAN BEINGS LIVING IN THE HOUSE-
HOLD AS EVIDENCED BY:
  (A) KEEPING THE COMPANION ANIMALS IN  A  SEVERELY  OVERCROWDED  LIVING
ENVIRONMENT LIKELY TO ENDANGER THEIR HEALTH OR SAFETY;
  (B)  FAILURE  BY  THE PERSON WHO OWNS, POSSESSES OR HAS CUSTODY OF THE
COMPANION ANIMALS TO MAINTAIN HIS OR HER LIVING ENVIRONMENT IN  A  SANI-
TARY CONDITION SUCH AS TO POSE A SERIOUS RISK TO THE HEALTH OR SAFETY OF
THE  COMPANION ANIMALS AND/OR PEOPLE LIVING IN THAT ENVIRONMENT. FAILURE
TO PROVIDE A SUFFICIENTLY SANITARY LIVING ENVIRONMENT MAY  BE  EVIDENCED
BY CONDITIONS SUCH AS EXCESSIVE FECES, URINE, DIRT, GARBAGE OR A LACK OF
BASIC  SERVICES  THAT  MAKE  A  HOME  HABITABLE SUCH AS HEAT, HOT WATER,
VENTILATION OR ELECTRICITY; AND
  (C) THE PRESENCE OF COMPANION  ANIMALS  THAT,  WITHOUT  JUSTIFICATION,
HAVE  NOT  RECEIVED  NECESSARY  VETERINARY TREATMENT WITHIN A REASONABLE
PERIOD OF TIME.
  2. IN ADDITION TO ANY OTHER PENALTY IMPOSED FOR A  VIOLATION  OF  THIS
SECTION,  THE COURT SHALL ORDER THE DEFENDANT TO UNDERGO A MENTAL HEALTH
EVALUATION BY A QUALIFIED PROFESSIONAL SELECTED BY THE COURT.  WITH  DUE
CONSIDERATION  TO  THE  FINDINGS OF SUCH MENTAL HEALTH PROFESSIONAL, THE
COURT MAY ORDER THAT THE DEFENDANT UNDERGO  AND  COMPLETE  A  COURSE  OF
TREATMENT, THERAPY AND/OR COUNSELING. ALSO WITH DUE CONSIDERATION TO THE
FINDINGS  OF  SUCH  MENTAL HEALTH PROFESSIONAL, THE COURT MAY ALSO ORDER
THAT THE DEFENDANT BE PROHIBITED FROM OWNING  COMPANION  ANIMALS  FOR  A
PERIOD  OF  TIME  DEEMED  REASONABLE  BY  THE  COURT.  THE PROVISIONS OF
SECTIONS THREE HUNDRED SEVENTY-ONE,  THREE  HUNDRED  SEVENTY-TWO,  THREE
HUNDRED  SEVENTY-THREE  AND  THREE  HUNDRED SEVENTY-FOUR OF THIS ARTICLE
SHALL APPLY TO VIOLATIONS OF THIS SECTION.
  3.  NOTHING  IN  THIS  SECTION  SHALL  BE  CONSTRUED  TO  AFFECT   ANY
PROTECTIONS  AFFORDED  TO COMPANION ANIMALS UNDER ANY OTHER PROVISION OF
THIS ARTICLE.
  S 3. Paragraph a of subdivision 8 of section 374  of  the  agriculture
and  markets law, as amended by chapter 594 of the laws of 2003 and such
subdivision as renumbered by chapter 479 of the laws of 2009, is amended
to read as follows:
  a. In addition to any other penalty provided by law,  upon  conviction
for  any  violation  of  section  three hundred fifty-one, three hundred
fifty-three, three hundred fifty-three-a, three  hundred  fifty-three-b,
THREE  HUNDRED  FIFTY-THREE-E,  three  hundred fifty-five, three hundred
fifty-six, three hundred fifty-nine, three hundred sixty, three  hundred
sixty-one, three hundred sixty-five or three hundred sixty-eight of this
article, the convicted person may, after a duly held hearing pursuant to
paragraph  f of this subdivision, be ordered by the court to forfeit, to

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a duly incorporated society for the prevention of cruelty to animals  or
a  duly  incorporated  humane  society or authorized agents thereof, the
animal or animals which are the basis of the conviction.  Upon  such  an
order of forfeiture, the convicted person shall be deemed to have relin-
quished all rights to the animals which are the basis of the conviction,
except those granted in paragraph d of this subdivision.
  S 4. This act shall take effect immediately.