Relates to the disposition of abused farm animals; provides that convicted individuals and those in their households or those who aided or abetted in the unlawful acts or should have known or knew of such acts may not be entitled to any monies generated from the sale of the farm animals which were the basis of such conviction.
S T A T E O F N E W Y O R K
________________________________________________________________________
8584
I N A S S E M B L Y
January 23, 2014
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to the
disposition of abused farm animals
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs d, g and subparagraph 2 of paragraph f of subdi-
vision 8 of section 374 of the agriculture and markets law, as added by
chapter 569 of the laws of 1995 and as renumbered by chapter 479 of the
laws of 2009, are amended to read as follows:
d. In the case of farm animals, 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 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 abet-
ted in the unlawful act which was the basis of the conviction, or who
knew or should have known of the unlawful act. [The] IN NO CASE SHALL
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 BE
ENTITLED TO ANY MONIES GENERATED FROM THE SALE OF FARM ANIMALS WHICH
WERE THE BASIS OF THE CONVICTION. EXCEPT AS OTHERWISE PROVIDED HEREIN OR
IN SECTION THREE HUNDRED SEVENTY-THREE OF THIS ARTICLE, 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 limit-
ed 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 disposi-
tion of the charges. Any farm animal ordered forfeited but not sold
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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