S T A T E O F N E W Y O R K
________________________________________________________________________
4038
2011-2012 Regular Sessions
I N A S S E M B L Y
February 1, 2011
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Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the
Committee on Agriculture
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 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 suffi-
cient 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 boarding 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 limited to
the recommendation of the impounding organization having custody and
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07939-01-1
A. 4038 2
care of the seized animal and the cost of caring for the animal. If [a]
security has been posted in accordance with this [section] SUBDIVISION,
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.