Assembly Bill A6880

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

                                  6880

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              April 5, 2011
                               ___________

Introduced  by M. of A. MILLMAN -- read once and referred to the Commit-
  tee on Agriculture

AN ACT to amend the agriculture and markets law, in relation to limiting
  the right of a person who has violated certain animal cruelty statutes
  from owning, possessing,  residing  with,  or  having  custody  of  or
  contact with any animal

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

  Section 1. Section 374 of the agriculture and markets law  is  amended
by adding a new subdivision 9 to read as follows:
  9.  A.  IN  ADDITION  TO  ANY  OTHER  PENALTY IMPOSED BY LAW, A PERSON
CONVICTED OF A VIOLATION OF ANY OF THE FOLLOWING PROVISIONS AND  ORDERED
TO  FORFEIT AN ANIMAL PURSUANT TO THE TERMS OF SUBDIVISION EIGHT OF THIS
SECTION SHALL NOT OWN, POSSESS, RESIDE  WITH,  OR  HAVE  CUSTODY  OF  OR
CONTACT  WITH  ANY ANIMAL FOR A PERIOD OF FIVE YEARS FOR A FIRST OFFENSE
AND FOR A PERIOD OF FIFTEEN YEARS FOR EACH SUBSEQUENT  OFFENSE:  SECTION
THREE HUNDRED FIFTY-THREE (OVERDRIVING, TORTURING AND INJURING ANIMALS);
SECTION  THREE  HUNDRED FIFTY-THREE-B (APPROPRIATE SHELTER FOR DOGS LEFT
OUTSIDE);  SECTION  THREE  HUNDRED   FIFTY-THREE-C   (ELECTROCUTION   OF
FUR-BEARING ANIMALS PROHIBITED); SECTION THREE HUNDRED FIFTY-FIVE (ABAN-
DONMENT OF ANIMALS); SECTION THREE HUNDRED FIFTY-SIX (FAILURE TO PROVIDE
PROPER  FOOD  AND  DRINK  TO  IMPOUNDED  ANIMAL);  SECTION THREE HUNDRED
FIFTY-NINE (CARRYING ANIMAL IN A CRUEL MANNER);  SECTION  THREE  HUNDRED
SIXTY (POISONING OR ATTEMPTING TO POISON ANIMALS); SECTION THREE HUNDRED
SIXTY-TWO  (THROWING  SUBSTANCE  INJURIOUS  TO ANIMALS IN PUBLIC PLACE);
SECTION THREE HUNDRED SIXTY-FOUR (RUNNING HORSES  ON  HIGHWAY);  SECTION
THREE HUNDRED SIXTY-FIVE (CLIPPING OR CUTTING THE EARS OF DOGS); SECTION
THREE  HUNDRED  SIXTY-SIX-A  (REMOVING, SEIZING OR TRANSPORTING DOGS FOR
RESEARCH PURPOSES); OR SECTION THREE HUNDRED SIXTY-EIGHT (OPERATING UPON
TAILS OF HORSES UNLAWFUL) OF THIS ARTICLE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10205-02-1

              

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  B. IN ADDITION TO ANY OTHER PENALTY IMPOSED BY LAW, A PERSON CONVICTED
OF A VIOLATION OF ANY OF THE FOLLOWING PROVISIONS AND ORDERED TO FORFEIT
AN ANIMAL PURSUANT TO THE TERMS OF SUBDIVISION  EIGHT  OF  THIS  SECTION
SHALL  NOT OWN, POSSESS, RESIDE WITH, OR HAVE CUSTODY OF OR CONTACT WITH
ANY ANIMAL FOR A PERIOD OF FIFTEEN YEARS FOR A FIRST OFFENSE AND FOR THE
LIFETIME  OF  THE OFFENDER FOR THE SECOND OFFENSE OF: SUBDIVISION TWO OF
SECTION  THREE  HUNDRED  FIFTY-ONE  (PROHIBITION  OF  ANIMAL  FIGHTING);
SECTION  THREE HUNDRED FIFTY-THREE-A (AGGRAVATED CRUELTY TO ANIMALS); OR
SECTION THREE HUNDRED SIXTY-ONE (INTERFERENCE WITH OR INJURY TO  CERTAIN
DOMESTIC ANIMALS) OF THIS ARTICLE.
  C. IN ADDITION TO ANY OTHER PENALTY IMPOSED BY LAW, A PERSON CONVICTED
OF  A  VIOLATION  OF  ANY  OF  THE  FOLLOWING  PROVISIONS SHALL NOT OWN,
POSSESS, RESIDE WITH, OR HAVE CUSTODY OF OR CONTACT WITH ANY ANIMAL  FOR
A  PERIOD  OF FIVE YEARS FOR A FIRST OFFENSE AND FOR A PERIOD OF FIFTEEN
YEARS FOR EACH SUBSEQUENT OFFENSE: SECTION 242.05 (INTERFERENCE, HARASS-
MENT OR INTIMIDATION OF A SERVICE ANIMAL) OR SECTION 242.10  (HARMING  A
SERVICE ANIMAL IN THE SECOND DEGREE) OF THE PENAL LAW.
  D. IN ADDITION TO ANY OTHER PENALTY IMPOSED BY LAW, A PERSON CONVICTED
OF  A FELONY VIOLATION OF ANY OF THE FOLLOWING PROVISIONS SHALL NOT OWN,
POSSESS, RESIDE WITH, OR HAVE CUSTODY OF OR CONTACT WITH ANY ANIMAL  FOR
A  PERIOD  OF  FIFTEEN YEARS FOR A FIRST OFFENSE AND FOR THE LIFETIME OF
THE OFFENDER FOR THE SECOND OFFENSE: SECTION 242.15 (HARMING  A  SERVICE
ANIMAL IN THE FIRST DEGREE) OF THE PENAL LAW.
  E.  A PERSON WHO VIOLATES THE PROVISIONS OF THIS SUBDIVISION IS GUILTY
OF A CLASS A MISDEMEANOR, PUNISHABLE BY IMPRISONMENT FOR A PERIOD NOT TO
EXCEED ONE YEAR, OR BY A FINE NOT TO EXCEED FIVE THOUSAND DOLLARS, OR BY
BOTH SUCH FINE AND IMPRISONMENT.
  F. UPON CONVICTION OF A VIOLATION OF THE PROVISIONS OF  THIS  SUBDIVI-
SION  THE COURT IMMEDIATELY ORDER THE CONVICTED PERSON TO SURRENDER EACH
ANIMAL IN HIS OR HER POSSESSION, CARE OR CUSTODY TO A DULY  INCORPORATED
SOCIETY  FOR  THE  PREVENTION OF CRUELTY TO ANIMALS, A DULY INCORPORATED
HUMANE SOCIETY, A DULY INCORPORATED  ANIMAL  PROTECTIVE  ASSOCIATION,  A
DULY  INCORPORATED  ANIMAL  SHELTER,  A  DULY INCORPORATED RESCUE GROUP,
POUND OR OTHER ENTITY FORMED FOR THE HUMANE  TREATMENT  OF  ANIMALS,  OR
AUTHORIZED  AGENTS  THEREOF, AS DIRECTED BY THE COURT IMPOSING SENTENCE,
AS DIRECTED BY  THE  COURT.  UPON  SUCH  AN  ORDER  OF  FORFEITURE,  THE
CONVICTED  PERSON SHALL BE DEEMED TO HAVE RELINQUISHED ALL RIGHTS TO THE
ANIMALS WHICH ARE THE BASIS OF THE CONVICTION, EXCEPT THOSE  GRANTED  IN
PARAGRAPH D OF SUBDIVISION EIGHT OF THIS SECTION.
  S  2. Subdivision 8 of section 374 of the agriculture and markets law,
as added by chapter 569 of the laws of 1995, paragraph a as  amended  by
chapter  594  of the laws of 2003, paragraph b as amended by chapter 419
of the laws of 2010 and paragraph e as amended and such  subdivision  as
renumbered  by  chapter  479  of the laws of 2009, is amended to read as
follows:
  8. 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-C, three hundred fifty-five, three
hundred fifty-six, three hundred fifty-nine, three hundred sixty,  three
hundred  sixty-one,  THREE  HUNDRED SIXTY-TWO, THREE HUNDRED SIXTY-FOUR,
THREE HUNDRED SIXTY-SIX-A, 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 a duly incorporated society for the  prevention  of
cruelty  to  animals  [or],  a  duly incorporated humane society, A DULY

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INCORPORATED ANIMAL PROTECTIVE ASSOCIATION, A DULY  INCORPORATED  ANIMAL
SHELTER,  A DULY INCORPORATED RESCUE GROUP, POUND OR OTHER ENTITY FORMED
FOR THE HUMANE TREATMENT OF ANIMALS 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.
  b. Pursuant to the provisions of subdivisions  two,  three,  four  and
five  of  this  section, no animal in the custody of a duly incorporated
society for the prevention of cruelty to animals,  a  duly  incorporated
humane  society, duly incorporated animal protective association, A DULY
INCORPORATED RESCUE GROUP, pound OR OTHER ENTITY FORMED FOR  THE  HUMANE
TREATMENT  OF  ANIMALS  or its authorized agents thereof, shall be sold,
transferred or otherwise made available to any person for the purpose of
research, experimentation or testing. No  authorized  agent  of  a  duly
incorporated  society for the prevention of cruelty to animals, nor of a
duly incorporated humane society, duly  incorporated  animal  protective
association,  A DULY INCORPORATED RESCUE GROUP, or pound OR OTHER ENTITY
FORMED FOR THE HUMANE TREATMENT OF ANIMALS shall use any  animal  placed
in  its  custody  by the duly incorporated society for the prevention of
cruelty to animals or duly incorporated humane society for  the  purpose
of research, experimentation or testing.
  c.  The  court may additionally order that the convicted person or any
person dwelling in the same household who conspired, aided or abetted in
the unlawful act which was the basis of the conviction, or who  knew  or
should  have  known  of the unlawful act, shall not own, harbor, or have
custody or control of any other animals, other than farm animals, for  a
period of time which the court deems reasonable.
  d.  In  the case of farm animals SUBJECT TO FORFEITURE PURSUANT TO THE
TERMS OF THIS SUBDIVISION OR OF SUBDIVISION NINE OF  THIS  SECTION,  the
court  may, in addition to the forfeiture to a duly incorporated society
for the prevention of cruelty  to  animals  [or],  a  duly  incorporated
humane  society,  A  DULY  INCORPORATED ANIMAL PROTECTIVE ASSOCIATION, A
DULY INCORPORATED ANIMAL SHELTER,  A  DULY  INCORPORATED  RESCUE  GROUP,
POUND  OR  OTHER  ENTITY  FORMED  FOR THE HUMANE TREATMENT OF ANIMALS or
authorized agents thereof, and subject to the restrictions  of  sections
three  hundred fifty-four and three hundred fifty-seven of this article,
order the farm animals which were the basis  of  the  conviction  to  be
sold.  In  no  case  shall  farm  animals  which  are  the  basis of the
conviction be redeemed by the convicted person who is the subject of the
order of forfeiture or by any person dwelling in the same household  who
conspired,  aided  or abetted in the unlawful act which was the basis of
the conviction, or who knew or should have known of  the  unlawful  act.
The  court  shall reimburse the convicted person and any duly determined
interested persons, pursuant to paragraph f  of  this  subdivision,  any
money  earned  by the sale of the farm animals less any costs including,
but not limited to, veterinary and custodial  care,  and  any  fines  or
penalties  imposed  by  the  court. The court may order that the subject
animals be provided with appropriate  care  and  treatment  pending  the
hearing  and  the  disposition  of  the charges. Any farm animal ordered
forfeited but not sold shall be remanded to the custody and charge of  a
duly incorporated society for the prevention of cruelty to animals [or],
duly  incorporated humane society, A DULY INCORPORATED ANIMAL PROTECTIVE
ASSOCIATION, A DULY INCORPORATED ANIMAL  SHELTER,  A  DULY  INCORPORATED
RESCUE  GROUP,  POUND OR OTHER ENTITY FORMED FOR THE HUMANE TREATMENT OF

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ANIMALS or its authorized agent thereof  and  disposed  of  pursuant  to
paragraph e of this subdivision.
  e.  A  duly  incorporated  society  for  the  prevention of cruelty to
animals [or], a duly incorporated humane society,  A  DULY  INCORPORATED
ANIMAL  PROTECTIVE  ASSOCIATION,  A  DULY INCORPORATED ANIMAL SHELTER, A
DULY INCORPORATED RESCUE GROUP, POUND OR OTHER  ENTITY  FORMED  FOR  THE
HUMANE  TREATMENT  OF ANIMALS in charge of animals forfeited pursuant to
paragraph a of this subdivision may, in  its  discretion,  lawfully  and
without  liability,  adopt  them to individuals other than the convicted
person or person dwelling in the same household who conspired, aided  or
abetted  in  the  unlawful act which was the basis of the conviction, or
who knew or should have known of the unlawful act, or  humanely  dispose
of them according to the provisions of subdivisions two, three, four and
five of this section.
  f.  (1)  Prior  to  an  order of forfeiture of farm animals, a hearing
shall be held within thirty days of conviction, to determine the pecuni-
ary interests of any other person in the farm  animals  which  were  the
basis  of  the  conviction. Written notice shall be served at least five
days prior to the hearing upon  all  interested  persons.  In  addition,
notice  shall be made by publication in a local newspaper at least seven
days prior to the hearing. For the purposes of this subdivision,  inter-
ested  persons shall mean any individual, partnership, firm, joint stock
company, corporation, association, trust, estate, or other legal  entity
who  the  court  determines  may  have  a pecuniary interest in the farm
animals which are the subject of the forfeiture action.
  (2) All interested persons shall be provided  an  opportunity  at  the
hearing  to  redeem  their  interest  as  determined by the court in the
subject farm animals and to  purchase  the  interest  of  the  convicted
person.  The  convicted  person  shall  be entitled to be reimbursed his
interest in the farm animals, less any costs, fines or penalties imposed
by the court, as specified under paragraph d of this subdivision. In  no
case  shall  the  court  award  custody or control of the animals to any
interested person who conspired, aided or abetted in  the  unlawful  act
which  was the basis of the conviction, or who knew or should have known
of the unlawful act.
  g. 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
farm animal described in this section. This section expressly  does  not
impair or subordinate the rights of such a secured lender having a secu-
rity  interest  in farm animals or in the proceeds from the sale of such
farm animals.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.