S T A T E O F N E W Y O R K
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1466
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. CAHILL, CUSICK, KAVANAGH, LUPARDO, ENGLEBRIGHT --
Multi-Sponsored by -- M. of A. BUTLER, MARKEY -- 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.
LBD03734-01-3
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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-f to read as follows:
S 353-F. 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-F, 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.