S T A T E   O F   N E W   Y O R K
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                                  4038

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 1, 2011
                               ___________

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.