S T A T E O F N E W Y O R K
________________________________________________________________________
2337
2015-2016 Regular Sessions
I N A S S E M B L Y
January 16, 2015
___________
Introduced by M. of A. ENGLEBRIGHT, KAVANAGH, ROSENTHAL -- Multi-Spon-
sored by -- M. of A. AUBRY, CLARK, COOK, DINOWITZ, HOOPER, RIVERA --
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 531 of
the laws of 2013 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, or within a reasonable time
thereafter, 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 peti-
tion 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
district attorney prosecuting the charges may file and obtain the
requested relief on behalf of the impounding organization if requested
to do so by the impounding organization. The security shall be in an
amount sufficient 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 board-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06418-01-5
A. 2337 2
ing 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 limit-
ed to the recommendation of the impounding organization having custody
and care of the seized animal and the cost of caring for the animal. If
a security has been posted in accordance with this section, the impound-
ing 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 531 of the laws
of 2013, 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
if the district attorney has not filed the petition on behalf of the
petitioner. 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,
corporation, 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 or the district attorney
acting on behalf of the petitioner, shall have the burden of proving 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.