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