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

                                   412

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

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 such subdivision 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-

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

                                                           LBD04283-01-5

A. 412                              2

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
shall be remanded to the custody and charge of a duly incorporated soci-
ety for the prevention of cruelty to animals or duly incorporated humane
society or its authorized agent thereof  and  disposed  of  pursuant  to
paragraph e of this subdivision.
  (2)  [All]  EXCEPT  AS  OTHERWISE  PROVIDED HEREIN OR IN SECTION THREE
HUNDRED SEVENTY-THREE OF THIS ARTICLE, 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 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 be entitled to be  reim-
bursed  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] EXCEPT 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 BE  ENTITLED
TO  BE REIMBURSED HIS INTEREST IN THE FARM ANIMALS.  EXCEPT AS OTHERWISE
PROVIDED HEREIN OR IN SECTION THREE HUNDRED SEVENTY-THREE OF THIS  ARTI-
CLE, THIS section expressly does not impair or subordinate the rights of
such  a  secured lender having a security interest in farm animals or in
the proceeds from the sale of such farm animals.
  S 2. Subparagraphs 3 and 4 of paragraph b of subdivision 6 of  section
373  of  the agriculture and markets law, as added by chapter 256 of the
laws of 1997, are amended to read as follows:
  (3) In the case of an animal other than a companion animal or pet,  if
a  person  ordered  to  post  security fails to do so, the court may, in
addition to the forfeiture  to  a  duly  incorporated  society  for  the
prevention  of cruelty to animals, humane society, pound, animal shelter
or any authorized agents thereof, and subject  to  the  restrictions  of
sections  three  hundred fifty-four, three hundred fifty-seven and three
hundred seventy-four of this article, order the  animal  which  was  the
basis  of  the  order  to  be sold, provided that all interested persons
shall first be provided the opportunity to redeem their interest in  the
animal  and to purchase the interest of the person ordered to post secu-
rity, subject to such conditions  as  the  court  deems  appropriate  to
assure  proper  care  and treatment of the animal. The court [may] SHALL
NOT reimburse the person ordered to post security [and]  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 ANY MONEY  EARNED  BY  THE  SALE  OF  THE
ANIMAL  BUT  MAY REIMBURSE any OTHER interested persons any money earned
by the sale of the animal less any costs including, but not limited  to,
veterinary  and custodial care. Any animal determined by the court to be
maimed, diseased, disabled or infirm so as to be unfit for sale  or  any

A. 412                              3

useful purpose shall be forfeited to a duly incorporated society for the
prevention  of  cruelty to animals or a duly incorporated humane society
or authorized agents thereof, and be available for adoption or shall  be
euthanized  subject  to section three hundred seventy-four of this arti-
cle.
  (4) [Nothing] EXCEPT AS OTHERWISE PROVIDED HEREIN OR IN SECTION  THREE
HUNDRED  SEVENTY-FOUR  OF THIS ARTICLE, 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 animal described in this section.
[This] EXCEPT AS OTHERWISE PROVIDED HEREIN OR IN SECTION  THREE  HUNDRED
SEVENTY-FOUR  OF THIS ARTICLE, THIS section expressly does not impair or
subordinate the rights of such a secured lender having a security inter-
est in the animal or in the proceeds from the sale of such animal.
  S 3. This act shall take effect immediately.